Case: June Medical Services, LLC v. Gee

3:17-cv-00404 | U.S. District Court for the Middle District of Louisiana

Filed Date: June 27, 2017

Closed Date: Oct. 16, 2020

Clearinghouse coding complete

Case Summary

This case challenged a series of 2001 Louisiana laws, including the Outpatient Abortion Facility Licensing Law (OAFLL), that attempted to shutter abortion clinics in the state by imposing more than 1,000 allegedly medically unnecessary requirements that applied only to abortion providers––including inspections of their facilities. On June 27, 2017, the Center for Reproductive Rights filed this lawsuit in the U.S. District Court for the Middle District of Louisiana on behalf of June Medical Serv…

This case challenged a series of 2001 Louisiana laws, including the Outpatient Abortion Facility Licensing Law (OAFLL), that attempted to shutter abortion clinics in the state by imposing more than 1,000 allegedly medically unnecessary requirements that applied only to abortion providers––including inspections of their facilities. On June 27, 2017, the Center for Reproductive Rights filed this lawsuit in the U.S. District Court for the Middle District of Louisiana on behalf of June Medical Services LLC, an abortion provider in Louisiana, along with six doctors who performed abortions. The plaintiffs sued the Louisiana Department of Health and the District Attorney for Caddo Parish under 42 U.S.C. § 1983, alleging violations of the plaintiffs’ Fourth and Fourteenth Amendment rights. Specifically, the plaintiffs argued that OAFLL’s requirements, which threatened license revocation in the event of noncompliance, implicated both substantive and procedural due process issues and that the law’s inspection mandates constituted unreasonable searches. Since Louisiana signed OAFLL into law, three-quarters of the state’s abortion care facilities have closed and no new facilities have been approved, which had the effect of limiting abortion care to the state’s three remaining licensed abortion facilities. The plaintiffs sought declaratory and permanent injunctive relief and attorneys’ fees. The case was originally assigned to District Judge James Brady Jr, but it was transferred to District Judge Brian A. Jackson and Magistrate Judge Richard L. Bourgeois on July 6, 2017.   

On August 29, 2017, the defendants moved to dismiss the case. On March 29, 2018, Judge Jackson granted in part and denied in part the defendants’ motion to dismiss. 306 F.Supp.3d 886. Declining to abstain from review of state administrative regulations, the court denied the motion to dismiss the Fourteenth Amendment substantive due process claim because the plaintiffs had adequately pled that the cumulative burden of the statute outweighed the health benefits and thus created an undue burden on plaintiffs’ constitutional right to access abortion care. The court also denied the motion to dismiss the Fourth Amendment unreasonable search claim because, although “closely regulated industries” have a reduced expectation of privacy for warrantless searches, more evidence was needed to prove that abortion clinics were closely regulated businesses within the meaning of the law. The court, however, dismissed the plaintiffs’ procedural due process claim for lack of ripeness because the clinics had not suffered any current or imminent adverse consequences from OAFLL. 

The defendants sought an interlocutory appeal of the district court’s partial denial of its motion to dismiss. The court initially granted the defendants’ motion on May 15, 2018, but vacated its grant on June 4, 2018, so that the plaintiffs could amend the complaint. The plaintiffs filed an amended complaint on June 11, 2018. 

On July 26, 2018, defendants filed a motion to partially dismiss the amended complaint or to obtain an interlocutory appeal, arguing that there were no substantive changes from the first complaint. On March 29, 2019, Judge Jackson denied the motion to dismiss and the appeal because the amended complaint addressed the defendants’ arguments of lack of specificity by challenging more specific sections of OAFLL. 

On December 11, 2019, the district court stayed the case pending a decision from the U.S. Supreme Court in June Medical Services v. Russo. 

On June 29, 2020, the case was voluntarily dismissed because of the result in June Medical Services v. Russo, which struck down the Louisiana law that required abortion providers to hold admitting privileges at local hospitals because it imposed an undue burden on the right to access an abortion.

Summary Authors

Sophia Weaver (3/14/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6222882/parties/june-medical-services-llc-v-rebekah-gee/


Judge(s)
Attorney for Plaintiff

1, John Doe (Louisiana)

Adams, Matt (Louisiana)

Adams, Jeffrey D. (Louisiana)

Attorney for Defendant

3, John Doe (Louisiana)

7, John Doe (Louisiana)

Judge(s)

Jackson, Brian Anthony (Louisiana)

Attorney for Plaintiff

1, John Doe (Louisiana)

Adams, Matt (Louisiana)

Adams, Jeffrey D. (Louisiana)

Angelillo, Robert C. (Louisiana)

Ash, Spencer L. (Louisiana)

Barron, Jaime (Louisiana)

Bartlett, Amanda M. (Louisiana)

Beckerman, Ray (Louisiana)

Bernstein, Tara Margo (Louisiana)

Bobo, Matthew W (Louisiana)

Brooke, Samuel Jacob (Louisiana)

Broome, Stanley D (Louisiana)

Brown, Matthew D. (Louisiana)

Brown, David (Louisiana)

Brumbelow, Jeremy S. (Louisiana)

Crepps, Janet (Louisiana)

Dodson, Penn Anderson (Louisiana)

Dolphin, Rachel S (Louisiana)

Doufekias, Dimitra (Louisiana)

Duane, Molly Rose (Louisiana)

Dwyer, Andrew P. (Louisiana)

Ekelman, Felice B. (Louisiana)

Etlinger, Deborah (Louisiana)

Gastman, Alexander (Louisiana)

Getman, Dan Charles (Louisiana)

Graunke, Kristi L. (Louisiana)

Heidari, Yasha (Louisiana)

Hofmann, Marcia Clare (Louisiana)

Jadwat, Omar C (Louisiana)

Jaroslaw, Ilene (Louisiana)

Joaquin, Linton (Louisiana)

Kelly, Michael Thomas (Louisiana)

Klein, Douglas Joseph (Louisiana)

Kupferman, Carolina (Louisiana)

Levine, Zoe (Louisiana)

Llewellyn, Scott F. (Louisiana)

Ma, Jenny Suhjin (Louisiana)

Madkour, Stephen Lewis (Louisiana)

Marshall, Randall C (Louisiana)

McAlister, Mary Elizabeth (Louisiana)

McSherry, Corynne (Louisiana)

Miller, Timothy J (Louisiana)

Moody, Anna (Louisiana)

Nestler, Emily (Louisiana)

PHV, Stephen M (Louisiana)

PHV, Daniel J. (Louisiana)

PHV, Rena M. (Louisiana)

Preciado, Nora (Louisiana)

Richman, Carol P. (Louisiana)

Rittenberg, William E. (Louisiana)

Rogers, Morlan Ty (Louisiana)

Roscetti, James C. (Louisiana)

Roth, Dena M. (Louisiana)

Rubio, Sigfredo (Louisiana)

Sacerdote, Caroline Marie (Louisiana)

Saltzman, Zachary H (Louisiana)

Samuel, Charles M (Louisiana)

Scannell, David (Louisiana)

Schultz, Jason M. (Louisiana)

Scotto, Michael A. (Louisiana)

Selden, Shannon Rose (Louisiana)

Shapiro, Peter T. (Louisiana)

Shiloh, Elior Daniel (Louisiana)

Singer, Samuel M. (Louisiana)

Stanley, Larry B (Louisiana)

Staver, Mathew D. (Louisiana)

Stock, Grant B (Louisiana)

Terry, LaShawn W. (Louisiana)

Thompson, Alexandra Sloane (Louisiana)

Tu, Travis J. (Louisiana)

Tuddenham, Edward John (Louisiana)

Wang, Cecillia D. (Louisiana)

Weiss, Lee A. (Louisiana)

Wiederhorn, Leah (Louisiana)

Wintermute, Holly S. (Louisiana)

Zoldessy, Jason A (Louisiana)

Attorney for Defendant

3, John Doe (Louisiana)

7, John Doe (Louisiana)

Aguiar, Lauren E (Louisiana)

Alagesan, Deepa (Louisiana)

Antonelli, Jeffrey J (Louisiana)

Arsenault, John Allan (Louisiana)

Burman, David J. (Louisiana)

Bussell, Allison L. (Louisiana)

Cherniak, Ari (Louisiana)

Chomsky, Judith Brown (Louisiana)

Conrad, Charles T. (Louisiana)

Cox, Justin B. (Louisiana)

Davis, Abigail E. (Louisiana)

Dearing, James Edward (Louisiana)

Dearing, Katie Lee (Louisiana)

Diaz, Kevin (Louisiana)

Dougherty, Matthew (Louisiana)

Duncan, S. Kyle (Louisiana)

Evarts, Linda (Louisiana)

Fardy, P Stephen (Louisiana)

Freel, Angelique Duhon (Louisiana)

Fryszman, Agnieszka M. (Louisiana)

Green, James Kellogg (Louisiana)

Hacker, Heather Gebelin (Louisiana)

Hammond, Julian Ari (Louisiana)

Harrison, Justin Paul (Louisiana)

Herz, Richard (Louisiana)

Hetfield, Mark J. (Louisiana)

Hirose, Mariko (Louisiana)

John, Joseph Scott (Louisiana)

Keaney, Melissa S. (Louisiana)

Kerr, David Stevens (Louisiana)

Kornreich, Mollie M (Louisiana)

Leon, John De (Louisiana)

Lydon, Tiffany Geyer (Louisiana)

McCawley, Sigrid Stone (Louisiana)

Mersot, Michael J (Louisiana)

Meyer, Kathryn C. (Louisiana)

Murrill, Elizabeth Baker (Louisiana)

Norred, Warren V (Louisiana)

Olsen, David R (Louisiana)

Pecherskaya, Polina (Louisiana)

Powers, Sean (Louisiana)

Ravikoff, Ronald Bennett (Louisiana)

Rayes, Emmanuel Youkhanna (Louisiana)

Reilly, Jonna McGinley (Louisiana)

Rivera, Domingo Juan (Louisiana)

Roberts, Tyler S. (Louisiana)

Russell, Erin Kathryn (Louisiana)

Scarola, John (Louisiana)

Schwartz, Stephen S. (Louisiana)

Shick, Alicia E. (Louisiana)

Simons, Marco (Louisiana)

Smith, James S. (Louisiana)

Staniar, Lauren Watts (Louisiana)

Stephens, Andrew Bowman (Louisiana)

Sung, Esther (Louisiana)

Sweet, Elizabeth G (Louisiana)

Trainer, Philip Trainer (Louisiana)

Tumlin, Karen C. (Louisiana)

Turner, Clyde T. (Louisiana)

Ungar, Ari (Louisiana)

Wale, Jeffrey Michael (Louisiana)

Webster, David B. (Louisiana)

Wessler, Nathan F. (Louisiana)

Wetherill, Jo T (Louisiana)

Wilson, William Leigh (Louisiana)

Wizner, Ben (Louisiana)

show all people

Documents in the Clearinghouse

Document
1

3:17-cv-00404

Complaint

June 27, 2017

June 27, 2017

Complaint
60

3:17-cv-00404

Ruling and Order

March 30, 2018

March 30, 2018

Order/Opinion

306 F.Supp.3d 306

87

3:17-cv-00404

Amended Complaint

June 11, 2018

June 11, 2018

Complaint
103

3:17-cv-00404

Ruling and Order

June Medical Services LLC v. Gee

March 29, 2019

March 29, 2019

Order/Opinion
122

3:17-cv-00404

Order

Dec. 9, 2019

Dec. 9, 2019

Order/Opinion
125

3:17-cv-00404

Stipulation of Voluntary Dismissal

June Medical Services, LLC v. Russo

July 29, 2020

July 29, 2020

Settlement Agreement
126

3:17-cv-00404

Final Judgment

Oct. 16, 2020

Oct. 16, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6222882/june-medical-services-llc-v-rebekah-gee/

Last updated March 9, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against REBEKAH GEE, in her official capacity as Secretary of the Louisiana Department of Health, JAMES E. STEWART, SR., in his official capacity as District Attorney for Caddo Parish ( Filing fee $ 400 receipt number 053N-1601736.), filed by JUNE MEDICAL SERVICES, LLC d/b/a HOPE MEDICAL GROUP FOR WOMEN, on behalf of its patients, physicians, and staff, DR. JOHN DOE 7, on behalf of themselves and their patients, DR. JOHN DOE 3, DR. JOHN DOE 1. (Attachments: # 1 Civil Cover Sheet, # 2 Attachment to Civil Cover Sheet, # 3 Statement of Related Case, # 4 Summonses)(Samuel, Charles) (Attachment 1 replaced on 6/27/2017) (KAH). (Attachment 4 replaced on 6/27/2017) (KAH). (Entered: 06/27/2017)

1 Civil Cover Sheet

View on PACER

2 Attachment to Civil Cover Sheet

View on PACER

3 Statement of Related Case

View on PACER

4 Summonses

View on PACER

June 27, 2017

June 27, 2017

Clearinghouse

Motions Referred

June 27, 2017

June 27, 2017

PACER
2

Corporate Disclosure Statement by JUNE MEDICAL SERVICES, LLC d/b/a HOPE MEDICAL GROUP FOR WOMEN, on behalf of its patients, physicians, and staff. (Samuel, Charles) (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

PACER
3

MOTION for Shannon Rose Selden to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1601785) by DR. JOHN DOE 1, DR. JOHN DOE 3, DR. JOHN DOE 7, on behalf of themselves and their patients, JUNE MEDICAL SERVICES, LLC d/b/a HOPE MEDICAL GROUP FOR WOMEN, on behalf of its patients, physicians, and staff. (Samuel, Charles) (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

PACER
4

MOTION for David Brown to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1601799) by DR. JOHN DOE 1, DR. JOHN DOE 3, DR. JOHN DOE 7, on behalf of themselves and their patients, JUNE MEDICAL SERVICES, LLC d/b/a HOPE MEDICAL GROUP FOR WOMEN, on behalf of its patients, physicians, and staff. (Samuel, Charles) (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

PACER
5

MOTION for Jenny Ma to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1601816) by DR. JOHN DOE 7, on behalf of themselves and their patients, John Doe 1, John Doe 3, June Medical Services, LLC. (Samuel, Charles) (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

PACER
6

MOTION for Caroline Sacerdote to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1601844) by John Doe 1, John Doe 3, John Doe 7, June Medical Services, LLC. (Samuel, Charles) (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

PACER
7

Summons Issued as to Rebekah Gee, James E. Stewart, Sr.. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (KAH) (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

PACER

MOTION(S) REFERRED: 4 MOTION for David Brown to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1601799), 3 MOTION for Shannon Rose Selden to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1601785), 5 MOTION for Jenny Ma to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1601816), 6 MOTION for Caroline Sacerdote to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1601844). This motion is now pending before the USMJ. (KAH)

June 27, 2017

June 27, 2017

PACER
8

MOTION for Protective Order by John Doe 1, John Doe 3, John Doe 7. (Attachments: # 1 Memorandum of Law in Support, # 2 Exhibit A to Memorandum of Law, # 3 Declaration of John Doe 1, M.D. in Support, # 4 Declaration of John Doe 3, M.D. in Support, # 5 Declaration of Dr. John Doe 7 in Support, # 6 [Proposed] Protective Order, # 7 Certificate of Service)(Samuel, Charles) Modified to edit text on 6/29/2017 (SGO). (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

PACER

MOTION(S) REFERRED: 8 MOTION for Protective Order / Plaintiffs' Motion for a Protective Order. This motion is now pending before the USMJ. (ELW)

June 28, 2017

June 28, 2017

PACER

Motions Referred

June 28, 2017

June 28, 2017

PACER
9

ORDER granting 3 Motion for Shannon Rose Selden to Appear Pro Hac Vice, granting 4 Motion for David Brown to Appear Pro Hac Vice, granting 5 Motion for Jenny Ma to Appear Pro Hac Vice and granting 6 Motion for Caroline Sacerdote to Appear Pro Hac Vice. Counsel enrolled as co-counsel for Plaintiffs in this matter. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/28/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 06/28/2017)

June 28, 2017

June 28, 2017

PACER
10

ORDER granting 8 Motion for Protective Order. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/30/2017. (EDC) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
11

ORDER: The matter of CV 17-404-JJB-RLB, June Medical Services, LLC, et al v. Rebekah Gee, et al, is hereby TRANSFERRED to Chief Judge Brian A. Jackson and Magistrate Judge Richard L. Bourgeois, Jr. Judge James J. Brady no longer assigned to case. Signed by Judge James J. Brady on 7/5/2017. (SGO) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

PACER
12

WAIVER OF SERVICE Returned Executed by June Medical Services, LLC, John Doe 7, John Doe 3, John Doe 1. Rebekah Gee waiver sent on 6/30/2017, answer due 8/29/2017. (Samuel, Charles) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
13

WAIVER OF SERVICE Returned Executed by June Medical Services, LLC, John Doe 7, John Doe 3, John Doe 1. James E. Stewart, Sr waiver sent on 6/30/2017, answer due 8/29/2017. (Samuel, Charles) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
14

MOTION for Amanda M. Bartlett to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1611951) by John Doe 1, John Doe 3, John Doe 7, June Medical Services, LLC. (Samuel, Charles) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
15

MOTION for Holly S. Wintermute to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1611952) by John Doe 1, John Doe 3, John Doe 7, June Medical Services, LLC. (Samuel, Charles) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
16

MOTION for Anna Moody to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1611954) by John Doe 1, John Doe 3, John Doe 7, June Medical Services, LLC. (Samuel, Charles) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
17

MOTION for Zoe Levine to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1611955) by John Doe 1, John Doe 3, John Doe 7, June Medical Services, LLC. (Samuel, Charles) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER

MOTION(S) REFERRED: 16 MOTION for Anna Moody to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1611954), 17 MOTION for Zoe Levine to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1611955), 14 MOTION for Amanda M. Bartlett to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1611951), 15 MOTION for Holly S. Wintermute to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1611952). This motion is now pending before the USMJ. (LLH)

July 19, 2017

July 19, 2017

PACER

Motions Referred

July 19, 2017

July 19, 2017

PACER
18

ORDER granting 14 Motion for Amanda M. Bartlett to Appear Pro Hac Vice; granting 15 Motion for Holly S. Wintermute to Appear Pro Hac Vice; granting 16 Motion for Anna Moody to Appear Pro Hac Vice; granting 17 Motion for Zoe Levine to Appear Pro Hac Vice. All granted to appear pro hac vice as co-counsel on behalf of the Plaintiffs in this matter. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 7/20/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 07/20/2017)

July 20, 2017

July 20, 2017

PACER
19

SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 9/14/2017 at 02:00 PM in chambers before Magistrate Judge Richard L. Bourgeois Jr. Status Report due by 8/31/2017. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 7/21/2017. (JSL) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
20

Notice to Counsel: In view of the waivers of service filed (R. Docs. 12, 13) and defendants' answer due 8/29/2017, the Scheduling Conference set for 9/14/2017 is RESET for 9/21/2017 at 1:30 p.m. in chambers before Magistrate Judge Richard L. Bourgeois Jr. Deadline to file the Joint Status Report is RESET to 9/7/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 07/26/2017)

July 26, 2017

July 26, 2017

PACER
21

Notice to Counsel: At counsels' request, the Scheduling Conference set for 9/21/2017 is RESET for 10/5/2017 at 1:30 p.m. in chambers before Magistrate Judge Richard L. Bourgeois Jr. Deadline to file the Joint Status Report is RESET to 9/21/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
22

MOTION to Dismiss by All Defendants. (Attachments: # 1 Memorandum in Support, # 2 Exhibit State Court Petition, # 3 Exhibit Settlement Agreement)(Murrill, Elizabeth) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

PACER
23

MOTION for Stephen S. Schwartz to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1631903) by All Defendants. (Duncan, S.) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

PACER
24

NOTICE OF NON-COMPLIANCE with LR 7(g) as to 22 Motion to Dismiss. REQUIRED CORRECTION: A combined Motion for Leave to Exceed the Page Limits and Motion to Strike the Incorrect Pleading must filed within 24 hours of this notice. Otherwise, the original filing may be stricken by the Court without further notice. (KAH) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER

Motions Referred

Aug. 30, 2017

Aug. 30, 2017

PACER

MOTION(S) REFERRED: 23 MOTION for Stephen S. Schwartz to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1631903). This motion is now pending before the USMJ. (KAH)

Aug. 30, 2017

Aug. 30, 2017

PACER
25

ORDER granting 23 Motion for Stephen S. Schwartz to Appear Pro Hac Vice as co-counsel for defendants in this matter. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/31/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 08/31/2017)

Aug. 31, 2017

Aug. 31, 2017

PACER
26

ORDER: All memoranda in opposition to motions filed in the above-captioned matter shall not exceed twenty pages. These memoranda in opposition shall not include tables of contents or authorities, and the parties shall ensure that all signature lines are contained within the twenty-page limit. All memoranda, to the extent that the parties seek leave of Court pursuant to Local Rule 7(f) to file such reply memoranda, shall not exceed ten pages. These reply memoranda shall not include tables of contents or authorities, and the parties shall ensure that all signature lines are contained within the ten-page limit. Signed by Chief Judge Brian A. Jackson on 9/5/2017. (KAH) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
27

Joint MOTION for Extension of Time and for Leave to File Reply to 22 MOTION to Dismiss by All Plaintiffs. (Attachments: # 1 Attachment Proposed Order)(Brown, David). Added MOTION for Leave to File on 9/7/2017 (KAH). Modified to edit the text on 9/7/2017 (KAH). (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
28

ORDER granting 27 Joint Motion for Extension of Time to File Response to 22 MOTION to Dismiss and Leave to File a Reply. Plaintiff's are granted until 9/29/2017 to file a response and Defendant's may file a Reply 14 days after the filing of the opposition. Page limits on both remain as indicated in the the Court's 26 Order dated 9/5/2017. Signed by Chief Judge Brian A. Jackson on 9/12/2017. (LLH) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER

Set/Reset Motion and R&R Deadlines/Hearings

Sept. 13, 2017

Sept. 13, 2017

PACER

Set/Reset Deadlines as to 22 MOTION to Dismiss . (LLH)

Sept. 13, 2017

Sept. 13, 2017

PACER
29

Joint STATUS REPORT by All Plaintiffs. (Brown, David) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
30

MOTION for Protective Order by All Plaintiffs. (Attachments: # 1 Memorandum in Support)(Brown, David) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER

MOTION(S) REFERRED: 30 MOTION for Protective Order . This motion is now pending before the USMJ. (SGO)

Sept. 22, 2017

Sept. 22, 2017

PACER

Motions Referred

Sept. 22, 2017

Sept. 22, 2017

PACER
31

Notice to Counsel: In Chambers Scheduling Conference is CONVERTED to Telephone Scheduling Conference and set for 10/5/2017 at 1:30 p.m. (CST) before Magistrate Judge Richard L. Bourgeois Jr. Plaintiffs' counsel shall initiate the conference call to chambers at (225) 389-3602. Plaintiffs' counsel shall also provide to the Court, prior to the conference, a list of the attorneys who will participate in the telephone conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(JSL) (Entered: 09/25/2017)

Sept. 25, 2017

Sept. 25, 2017

PACER
32

MEMORANDUM in Opposition to 22 MOTION to Dismiss filed by John Doe 1, John Doe 3, John Doe 7, June Medical Services, LLC. (Attachments: # 1 Exhibit A - Exhibit in Support of Brief)(Selden, Shannon) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
33

Letter dated October 4, 2017 to Judge Richard L. Bourgeois, Jr. regarding persons participating in the telephone scheduling conference on October 5, 2017 by John Doe 1, John Doe 3, John Doe 7, June Medical Services, LLC re 31 Notice to Counsel (Brown, David) Modified on 10/4/2017 to edit text. (EDC). (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
34

ORDER/Minute Entry for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Telephone Conference held on 10/5/2017. Parties discussed status of matter. Court noted that, in status report, it was the position of dfts that discovery should not commence until resolution of pending motion to dismiss. Court advised dfts to file motion to stay discovery on or before 10/20/2017. Pltf may file opposition within time frames permitted by local rules. Until this is resolved, it is premature to enter scheduling order. Court also noted there is a pending motion for protective order. Any opposition or response is not due until 10/12/2017. Accordingly, court will consider the position of dfts as set forth in any timely opposition in resolving motion. (JSL) (Entered: 10/06/2017)

Oct. 5, 2017

Oct. 5, 2017

PACER
35

REPLY in support of 22 MOTION to Dismiss, 32 Memorandum in Opposition to Motion filed by All Defendants. (Attachments: # 1 Exhibit Plaintiffs' Document Requests)(Murrill, Elizabeth) Modified on 10/12/2017 to edit text (ELW). (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
36

RESPONSE to 30 MOTION for Protective Order filed by All Defendants. (Murrill, Elizabeth) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
37

ORDER granting 30 Motion for Protective Order. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 10/16/2017. (ELW) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
38

PROTECTIVE ORDER Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 10/16/2017. (ELW) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
39

MOTION for Oral Argument on 22 MOTION to Dismiss /Letter requesting oral argument on Defendants' Motion to Dismiss by John Doe 1, John Doe 3, John Doe 7, June Medical Services, LLC. (Selden, Shannon) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER

Motions Referred

Oct. 20, 2017

Oct. 20, 2017

PACER
40

MOTION to Stay Discovery by All Defendants. (Attachments: # 1 Memorandum in Support Memo in Support of Defendants' Motion to Stay Discovery, # 2 Exhibit Exhibit 1)(Murrill, Elizabeth) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER

MOTION(S) REFERRED: 40 MOTION to Stay Discovery . This motion is now pending before the USMJ. (KAH)

Oct. 20, 2017

Oct. 20, 2017

PACER
41

Joint MOTION to Present Oral Argument on 22 MOTION to Dismiss by John Doe 1, John Doe 3, John Doe 7, June Medical Services, LLC. (Selden, Shannon) Modified to edit the text on 10/25/2017 (KAH). (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER
42

MOTION for David Brown to Withdraw as Attorney for Plaintiffs by All Plaintiffs. (Brown, David) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER

Motions Referred

Nov. 6, 2017

Nov. 6, 2017

PACER

MOTION(S) REFERRED: 42 MOTION for David Brown to Withdraw as Attorney for Plaintiffs. This motion is now pending before the USMJ. (KAH)

Nov. 6, 2017

Nov. 6, 2017

PACER
43

STIPULATION of Dismissal of Dr. John Doe 7 by John Doe 1, John Doe 3, John Doe 7, June Medical Services, LLC. (Levine, Zoe) Modified to change event type on 11/7/2017 (KAH). (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
44

NOTICE of Letter dated 11/7/2017 to Chief Judge Jackson re: 43 Stipulation of Dismissal of Doe 7 by Rebekah Gee, James E. Stewart, Sr (Murrill, Elizabeth) Modified to edit the text on 11/8/2017 (KAH). (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
45

MEMORANDUM in Opposition to 40 MOTION to Stay Discovery filed by John Doe 1, John Doe 3, John Doe 7, June Medical Services, LLC. (Selden, Shannon) Modified to substitute document per RD 48 on 11/14/2017 (SGO). (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
46

ORDER granting 42 Motion to Withdraw as Attorney. Attorney David Brown is withdrawn as counsel for Plaintiffs in this matter. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/8/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
47

MOTION to Substitute File Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Stay Discovery by John Doe 1, John Doe 3, John Doe 7, June Medical Services, LLC. (Selden, Shannon) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER

Motions Referred

Nov. 9, 2017

Nov. 9, 2017

PACER

MOTION(S) REFERRED: 47 MOTION to Substitute File Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Stay Discovery . This motion is now pending before the USMJ. (KAH)

Nov. 9, 2017

Nov. 9, 2017

PACER
48

ORDER granting 47 MOTION to Substitute Plaintiffs' Memorandum of Law in Opposition. The Clerk shall substitute R. Doc. 47 at 5-12 in the place of R. Doc. 45. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/9/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
49

MOTION for Leave to File Letter in Response to Defendants' 11-7-17 letter by John Doe 1, John Doe 3, John Doe 7, June Medical Services, LLC. (Selden, Shannon) (Additional attachment(s) added on 11/15/2017: # 1 Exhibit) # 2 Proposed Order) (KAH). Modified to separate documents on 11/15/2017 (KAH). (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

RECAP
50

ORDER granting 49 MOTION for Leave to File Letter in Response to Defendants' 11-7-17 letter. Signed by Chief Judge Brian A. Jackson on 12/13/2017. (ELW) (Entered: 12/15/2017)

Dec. 13, 2017

Dec. 13, 2017

PACER
51

Letter dated 11/14/2017 from Plaintiff's Attorney to Chief Judge Brian A. Jackson Re: Defendant's letter filed on November 7, 2017 (ELW) (Entered: 12/15/2017)

Dec. 13, 2017

Dec. 13, 2017

PACER
52

ORDER REFERRING MOTION to USMJ: 40 MOTION to Stay Discovery is hereby referred to U.S. Magistrate Judge Richard L. Bourgeois, Jr. Signed by Chief Judge Brian A. Jackson on 12/14/2017. (ELW) (Entered: 12/15/2017)

Dec. 14, 2017

Dec. 14, 2017

PACER
53

ORDER granting 39 Motion for Oral Argument and 41 Joint Motion to Present Oral Argument on 22 MOTION to Dismiss. Oral argument concerning 22 Motion to Dismiss is set for 1/30/2018 at 09:30 AM in Courtroom 2 before Chief Judge Brian A. Jackson. Signed by Chief Judge Brian A. Jackson on 12/19/2017. (EDC) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER
54

ORDER granting 43 Motion/Stipulation of Dismissal. John Doe 7's claims against Defendants are DISMISSED and that Dr. John Doe 7 is DISMISSED as a party to this action. Signed by Chief Judge Brian A. Jackson on 1/8/2018. (LLH) (Entered: 01/09/2018)

Jan. 9, 2018

Jan. 9, 2018

PACER
55

ORDER granting 40 Motion to Stay Discovery. Discovery in this action will remain STAYED until resolution of the pending 22 Motion to Dismiss or unless otherwise ordered by theCourt. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 1/10/2018. (LLH) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

RECAP
56

TRANSCRIPT REQUEST for Oral argument on Defendants' Motion to Dismiss. by John Doe 1, John Doe 3, John Doe 7, June Medical Services, LLC for proceedings held on 1/30/2018 before Judge Brian A. Jackson.. (Bartlett, Amanda) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
57

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Motions to Dismiss hearing before Chief Judge Brian A. Jackson held on 1/30/2018. Court Reporter: Natalie W. Breaux, RPR, CRR. Phone Number: 225-389-3565. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.lamd.uscourts.gov. 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 2/26/2018. Redacted Transcript Deadline set for 3/8/2018. Release of Transcript Restriction set for 5/7/2018. (Breaux, Natalie) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
58

MOTION for Zoe Levine to Withdraw as Attorney by All Plaintiffs. (Levine, Zoe) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER

Motions Referred

Feb. 22, 2018

Feb. 22, 2018

PACER

MOTION(S) REFERRED: 58 MOTION for Zoe Levine to Withdraw as Attorney . This motion is now pending before the USMJ. (DCB)

Feb. 22, 2018

Feb. 22, 2018

PACER
59

ORDER granting 58 Motion to Withdraw as Attorney. Attorney Zoe Levine is withdrawn as counsel for Plaintiffs. Signed by Chief Judge Brian A. Jackson on 2/27/2018. (KAH) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
60

RULING AND ORDER granting in part and denying in part 22 Motion to Dismiss. Plaintiff's procedural due process claim is unripe and therefore DISMISSED. Signed by Chief Judge Brian A. Jackson on 3/29/2018. (SGO) (Entered: 03/30/2018)

March 30, 2018

March 30, 2018

Clearinghouse
61

TRANSCRIPT REQUEST by Rebekah Gee, James E. Stewart, Sr for proceedings held on 1/30/2018 before Judge Jackson.. (Schwartz, Stephen) (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

PACER
62

STATUS REPORT by John Doe 1, John Doe 3, June Medical Services, LLC. (Samuel, Charles) (Entered: 04/12/2018)

April 12, 2018

April 12, 2018

PACER
63

Unopposed MOTION for Extension of Time to File Answer by All Defendants. (Attachments: # 1 Proposed Pleading; Proposed Order)(Murrill, Elizabeth) (Entered: 04/12/2018)

April 12, 2018

April 12, 2018

PACER
64

ORDER granting 63 Motion for Extension of Time to Answer. Defendants' deadline to answer is extended to 5/4/18. Signed by Chief Judge Brian A. Jackson on 4/12/18. (DCB) (Entered: 04/12/2018)

April 12, 2018

April 12, 2018

PACER
65

MOTION for Interlocutory Appeal as to 60 Order on Motion to Dismiss by Rebekah Gee, James E. Stewart, Sr. Filing fee $ 505, receipt number 053N-1754366. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Proposed Pleading; Proposed Order)(Murrill, Elizabeth) Modified on 4/13/2018 to edit the text. Counsel will request a refund of premature payment. (NLT). (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

PACER
66

NOTICE of Telephone Scheduling Conference: Telephone Scheduling Conference set for 5/8/2018 at 10:00 AM (CST) before Magistrate Judge Richard L. Bourgeois Jr. Counsel participating in the Conference shall call 888-363-4749 using access code 1799163 five minutes prior to conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(JSL) (Entered: 04/16/2018)

April 16, 2018

April 16, 2018

PACER
67

Notice to Counsel: Upon counsels' request, the Telephone Scheduling Conference set for 5/8/2018 is RESET for 5/9/2018 at 02:30 PM (CST) before Magistrate Judge Richard L. Bourgeois Jr. Counsel participating in the Conference shall call 888-363-4749 using access code 1799163 five minutes prior to conference. This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(JSL) Modified on 4/17/2018 (JSL). (Entered: 04/17/2018)

April 17, 2018

April 17, 2018

PACER
68

ANSWER to 1 Complaint,, by Rebekah Gee, James E. Stewart, Sr.(Murrill, Elizabeth) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

PACER
69

MEMORANDUM in Opposition to 65 MOTION for Interlocutory Appeal filed by June Medical Services, LLC. (Selden, Shannon) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

PACER
70

ORDER/Minute Entry for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Telephone Scheduling Conference held on 5/9/2018. The parties discussed the status of this matter. The stay of discovery previously ordered (R. Doc. 55) is hereby lifted. In accordance with Federal Rule of Civil Procedure 16(b), the following deadlines are established: Exchanging initial disclosures required by 5/18/2018. Defendants to Plaintiff's first request for documents 5/18/2018. On or before 5/25/2018, Plaintiffs shall provide to the Defendants, in writing, a general outline of their position in response to any objections by the Defendants. On or before 6/1/2018, the parties are to meet and confer in an attempt to resolve those differences. On or before 6/8/2018, counsel for Plaintiffs shall file a Joint Status Report with the Court, outlining the status of any discovery disputes. Telephone Status Conference set for 6/15/2018 at 10:00 AM before Magistrate Judge Richard L. Bourgeois Jr. (KAH) (Entered: 05/10/2018)

May 9, 2018

May 9, 2018

PACER

Set/Reset Deadlines. (KAH)

May 10, 2018

May 10, 2018

PACER

Set/Reset Deadlines

May 10, 2018

May 10, 2018

PACER
71

Unopposed MOTION for Leave to File Reply in Support of Defendants' Motion for Interlocutory Appeal by All Defendants. (Attachments: # 1 Memorandum in Support Reply in Support of Defendants' Motion for Interlocutory Appeal, # 2 Proposed Pleading; Proposed Order)(Murrill, Elizabeth) (Entered: 05/10/2018)

May 10, 2018

May 10, 2018

PACER
72

Exhibit(s) to 71 Unopposed MOTION for Leave to File Reply in Support of Defendants' Motion for Interlocutory Appeal by All Defendants. (Murrill, Elizabeth) (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

PACER

Motions Referred

May 11, 2018

May 11, 2018

PACER
73

MOTION for S. Kyle Duncan to Withdraw as Attorney by Rebekah Gee, James E. Stewart, Sr. (Attachments: # 1 Proposed Pleading; Proposed Order)(Murrill, Elizabeth) Modified on 5/11/2018 to edit the text (KAH). Modified on 5/15/2018 to replace main document as per rec doc 75 (KAH). (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

PACER

MOTION(S) REFERRED: 73 MOTION to Withdraw MOTION for S. Kyle Duncan to Withdraw as Attorney . This motion is now pending before the USMJ. (KAH)

May 11, 2018

May 11, 2018

PACER
74

Unopposed MOTION to Substitute Motion to Withdraw Attorney by All Defendants. (Attachments: # 1 Attachment Revised Motion to Withdraw Attorney, # 2 Proposed Pleading; Proposed Order)(Murrill, Elizabeth) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER

Motions Referred

May 14, 2018

May 14, 2018

PACER

MOTION(S) REFERRED: 74 Unopposed MOTION to Substitute Motion to Withdraw Attorney . This motion is now pending before the USMJ. (KAH)

May 14, 2018

May 14, 2018

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: June 27, 2017

Closing Date: Oct. 16, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Abortion care facility and doctors who provide abortions

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Center for Reproductive Rights

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Louisiana Department of Health, State

Caddo Parish (Caddo), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Equal Protection

Available Documents:

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

Reproductive rights:

Admitting privileges

Licensing restriction

Mandatory delay

Medication abortion

Physician-only abortion laws

Facility requirements

Undue Burden

Reproductive health care (including birth control, abortion, and others)

Abortion