Case: GenBioPro, Inc. v. Sorsaia

3:23-cv-00058 | U.S. District Court for the Southern District of West Virginia

Filed Date: Jan. 25, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about medication abortion in West Virginia. This lawsuit was filed on January 25, 2023, in the U.S. District Court for the Southern District of West Virginia, by GenBioPro, a company that makes an abortion medication called mifepristone. The plaintiff sued West Virginia under 42 U.S.C. § 1983, alleging that it was unconstitutional for the state to ban nearly all uses of mifepristone because federal law already regulated the medication through the FDA. The plaintiff, represented b…

This is a case about medication abortion in West Virginia. This lawsuit was filed on January 25, 2023, in the U.S. District Court for the Southern District of West Virginia, by GenBioPro, a company that makes an abortion medication called mifepristone. The plaintiff sued West Virginia under 42 U.S.C. § 1983, alleging that it was unconstitutional for the state to ban nearly all uses of mifepristone because federal law already regulated the medication through the FDA. The plaintiff, represented by a private law firm and the Democracy Forward Foundation, sought declaratory and injunctive relief invalidating the West Virginia restrictions, as well as attorney’s fees. The case was heard by Judge Robert C. Chambers.

This case was filed on the same day as a similar case, Bryant v. Stein, that challenged North Carolina's laws regulating mifepristone based on the same legal reasoning.

In this case, the complaint centered around the Unborn Child Protection Act (UCPA), a West Virginia law passed in 2022 that banned nearly all abortions regardless of the stage of pregnancy, with exceptions for nonviable fetuses and embryos, ectopic pregnancies, or medical emergencies. The plaintiffs also challenged earlier limitations West Virginia had put on mifepristone, including a 24-hour waiting period, counseling requirements, and a prohibition on telemedicine prescriptions. The waiting period and counseling requirements were no longer in effect because of the UCPA’s broader ban but would be reinstated if the UCPA were struck down by a court.

The plaintiff alleged that the state could not ban or place limitations on mifepristone because the federal government, through the FDA, already allowed mifepristone to be used based on its own evaluation, and federal law preempts and therefore overrides state law based on the U.S. Constitution’s Supremacy Clause. GenBioPro further argued that West Virginia’s restrictions violated the Constitution’s Commerce Clause, alleging that only Congress has the power to regulate interstate commerce and that states are prohibited from burdening interstate commerce in certain ways. By banning a drug that the federal government already regulated, the state affected the national market for the drug in a way that was unconstitutional.

On February 16, 2023, West Virginia filed a motion to dismiss for failure to state a claim. As of February 21, 2023, the case is ongoing.

Summary Authors

Micah Pollens-Dempsey (2/4/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66756764/parties/genbiopro-inc-v-sorsaia/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant
Expert/Monitor/Master/Other

Bailey, Andrew

Barnes, Abigail Perri

Benjamin, James R.

Bird, Brenna

Boyce, Sarah Gardner

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Documents in the Clearinghouse

Document
1

3:23-cv-00058

Complaint

Jan. 25, 2023

Jan. 25, 2023

Complaint
30

3:23-cv-00058

Brief

March 6, 2023

March 6, 2023

Pleading / Motion / Brief
52

3:23-cv-00058

Order on Motion / Application / Petition to Stay

April 21, 2023

April 21, 2023

Order/Opinion

2023 WL 3451688

54

3:23-cv-00058

Memorandum Opinion & Order

May 2, 2023

May 2, 2023

Order/Opinion

2023 WL 3211847

55

3:23-cv-00058

Order

May 11, 2023

May 11, 2023

Order/Opinion
66

3:23-cv-00058

Memorandum Opinion and Order

Aug. 24, 2023

Aug. 24, 2023

Order/Opinion

2023 WL 5490179

75

3:23-cv-00058

First Amended Complaint

Oct. 19, 2023

Oct. 19, 2023

Complaint
77

3:23-cv-00058

Order Dismissing Case

Nov. 6, 2023

Nov. 6, 2023

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66756764/genbiopro-inc-v-sorsaia/

Last updated Sept. 22, 2024, 11:25 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8350600. (Attachments: # 1 Proposed Summons as to Mark A. Sorsaia, # 2 Proposed Summons as to Patrick Morrissey, # 3 Civil Cover Sheet) (jsa)

1 Proposed Summons as to Mark A. Sorsaia

View on PACER

2 Proposed Summons as to Patrick Morrissey

View on PACER

3 Civil Cover Sheet

View on PACER

Jan. 25, 2023

Jan. 25, 2023

Clearinghouse
2

ELECTRONIC SUMMONS ISSUED as to Patrick Morrissey, Mark A. Sorsaia, re: 1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachment: # 1 summons as to Patrick Morrissey) (jsa)

Jan. 25, 2023

Jan. 25, 2023

PACER
3

STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: counsel of record; any unrepresented party) (jsa)

Jan. 25, 2023

Jan. 25, 2023

PACER
4

NOTICE OF CHANGE OF ATTORNEY INFORMATION by Christina L. Smith updating name and/or firm information on behalf of GenBioPro, Inc. (Smith, Christina)

Jan. 25, 2023

Jan. 25, 2023

PACER
5

STATEMENT OF VISITING ATTORNEY from Daphne O'Connor on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8351204. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

Jan. 25, 2023

Jan. 25, 2023

PACER
6

STATEMENT OF VISITING ATTORNEY from John Elwood on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8351217. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

Jan. 25, 2023

Jan. 25, 2023

PACER
7

STATEMENT OF VISITING ATTORNEY from Robert Katerberg on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8351222. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

Jan. 25, 2023

Jan. 25, 2023

PACER

CASE assigned to Judge Robert C. Chambers. (klc)

Jan. 25, 2023

Jan. 25, 2023

PACER
1

COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8350600. (Attachments: # 1 Proposed Summons as to Mark A. Sorsaia, # 2 Proposed Summons as to Patrick Morrisey, # 3 Civil Cover Sheet) (jsa) .

1 Proposed Summons as to Mark A. Sorsaia

View on RECAP

2 Proposed Summons as to Patrick Morrissey

View on RECAP

3 Civil Cover Sheet

View on RECAP

Jan. 25, 2023

Jan. 25, 2023

Clearinghouse
2

ELECTRONIC SUMMONS ISSUED as to Patrick Morrisey, Mark A. Sorsaia, re: 1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachment: # 1 summons as to Patrick Morrissey) (jsa).

1 summons as to Patrick Morrissey

View on RECAP

Jan. 25, 2023

Jan. 25, 2023

RECAP
3

STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: counsel of record; any unrepresented party) (jsa)

Jan. 25, 2023

Jan. 25, 2023

RECAP
4

NOTICE OF CHANGE OF ATTORNEY INFORMATION by Christina L. Smith updating name and/or firm information on behalf of GenBioPro, Inc. (Smith, Christina)

Jan. 25, 2023

Jan. 25, 2023

RECAP
5

STATEMENT OF VISITING ATTORNEY from Daphne O'Connor on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8351204. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

1 WVSB receipt

View on RECAP

Jan. 25, 2023

Jan. 25, 2023

RECAP
6

STATEMENT OF VISITING ATTORNEY from John Elwood on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8351217. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

1 WVSB receipt

View on RECAP

Jan. 25, 2023

Jan. 25, 2023

RECAP
7

STATEMENT OF VISITING ATTORNEY from Robert Katerberg on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8351222. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

1 WVSB receipt

View on RECAP

Jan. 25, 2023

Jan. 25, 2023

RECAP

CASE assigned to Judge Robert C. Chambers. (klc)

Jan. 25, 2023

Jan. 25, 2023

PACER
1

COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8350600. (Attachments: # 1 Proposed Summons as to Mark A. Sorsaia, # 2 Proposed Summons as to Patrick Morrisey, # 3 Civil Cover Sheet) (jsa) .

1 Proposed Summons as to Mark A. Sorsaia

View on RECAP

2 Proposed Summons as to Patrick Morrissey

View on RECAP

3 Civil Cover Sheet

View on RECAP

Jan. 25, 2023

Jan. 25, 2023

Clearinghouse
2

ELECTRONIC SUMMONS ISSUED as to Patrick Morrisey, Mark A. Sorsaia, re: 1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachment: # 1 summons as to Patrick Morrissey) (jsa).

1 summons as to Patrick Morrissey

View on RECAP

Jan. 25, 2023

Jan. 25, 2023

RECAP
3

STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: counsel of record; any unrepresented party) (jsa)

Jan. 25, 2023

Jan. 25, 2023

RECAP
4

NOTICE OF CHANGE OF ATTORNEY INFORMATION by Christina L. Smith updating name and/or firm information on behalf of GenBioPro, Inc. (Smith, Christina)

Jan. 25, 2023

Jan. 25, 2023

RECAP
5

STATEMENT OF VISITING ATTORNEY from Daphne O'Connor on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8351204. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

1 WVSB receipt

View on RECAP

Jan. 25, 2023

Jan. 25, 2023

RECAP
6

STATEMENT OF VISITING ATTORNEY from John Elwood on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8351217. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

1 WVSB receipt

View on RECAP

Jan. 25, 2023

Jan. 25, 2023

RECAP
7

STATEMENT OF VISITING ATTORNEY from Robert Katerberg on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8351222. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

1 WVSB receipt

View on RECAP

Jan. 25, 2023

Jan. 25, 2023

RECAP

CASE assigned to Judge Robert C. Chambers. (klc)

Jan. 25, 2023

Jan. 25, 2023

PACER

Case Assigned

Jan. 26, 2023

Jan. 26, 2023

PACER

Case Assigned

Jan. 26, 2023

Jan. 26, 2023

PACER

Case Assigned

Jan. 26, 2023

Jan. 26, 2023

PACER
8

STATEMENT OF VISITING ATTORNEY from Ariela M. Migdal on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8352878. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

Jan. 27, 2023

Jan. 27, 2023

PACER
9

STATEMENT OF VISITING ATTORNEY from David C. Frederick on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8352912. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

Jan. 27, 2023

Jan. 27, 2023

PACER
10

STATEMENT OF VISITING ATTORNEY from Eliana M. Pfeffer on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8352922. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

Jan. 27, 2023

Jan. 27, 2023

PACER
11

STATEMENT OF VISITING ATTORNEY from Mary Charlotte Carroll on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8352931. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

Jan. 27, 2023

Jan. 27, 2023

PACER
8

STATEMENT OF VISITING ATTORNEY from Ariela M. Migdal on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8352878. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

1 WVSB receipt

View on RECAP

Jan. 27, 2023

Jan. 27, 2023

RECAP
9

STATEMENT OF VISITING ATTORNEY from David C. Frederick on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8352912. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

1 WVSB receipt

View on RECAP

Jan. 27, 2023

Jan. 27, 2023

RECAP
10

STATEMENT OF VISITING ATTORNEY from Eliana M. Pfeffer on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8352922. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

1 WVSB receipt

View on RECAP

Jan. 27, 2023

Jan. 27, 2023

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STATEMENT OF VISITING ATTORNEY from Mary Charlotte Carroll on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8352931. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

1 WVSB receipt

View on RECAP

Jan. 27, 2023

Jan. 27, 2023

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STATEMENT OF VISITING ATTORNEY from Ariela M. Migdal on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8352878. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

1 WVSB receipt

View on RECAP

Jan. 27, 2023

Jan. 27, 2023

RECAP
9

STATEMENT OF VISITING ATTORNEY from David C. Frederick on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8352912. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

1 WVSB receipt

View on RECAP

Jan. 27, 2023

Jan. 27, 2023

RECAP
10

STATEMENT OF VISITING ATTORNEY from Eliana M. Pfeffer on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8352922. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

1 WVSB receipt

View on RECAP

Jan. 27, 2023

Jan. 27, 2023

RECAP
11

STATEMENT OF VISITING ATTORNEY from Mary Charlotte Carroll on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8352931. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

1 WVSB receipt

View on RECAP

Jan. 27, 2023

Jan. 27, 2023

RECAP
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STATEMENT OF VISITING ATTORNEY from Skye Perryman on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8353966. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

Jan. 29, 2023

Jan. 29, 2023

PACER
13

STATEMENT OF VISITING ATTORNEY from Kristen P. Miller on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8353968. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

Jan. 29, 2023

Jan. 29, 2023

PACER
12

STATEMENT OF VISITING ATTORNEY from Skye Perryman on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8353966. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

1 WVSB receipt

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Jan. 29, 2023

Jan. 29, 2023

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STATEMENT OF VISITING ATTORNEY from Kristen P. Miller on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8353968. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

1 WVSB receipt

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Jan. 29, 2023

Jan. 29, 2023

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STATEMENT OF VISITING ATTORNEY from Skye Perryman on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8353966. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

1 WVSB receipt

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Jan. 29, 2023

Jan. 29, 2023

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STATEMENT OF VISITING ATTORNEY from Kristen P. Miller on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8353968. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

1 WVSB receipt

View on RECAP

Jan. 29, 2023

Jan. 29, 2023

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SUMMONS RETURNED EXECUTED for Patrick Morrissey, re: 1 Complaint. Curtis Capehart, Deputy Attorney General, served on 1/30/2023 pursuant to his agreement to accept service via electronic mail on behalf of Patrick Morrisey, answer due 2/21/2023. (Majestro, Anthony) (Modified on 1/31/2023 to add the name of the person served and means of service) (mkw).

Jan. 31, 2023

Jan. 31, 2023

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SUMMONS RETURNED EXECUTED for Patrick Morrisey, re: 1 Complaint. Curtis Capehart, Deputy Attorney General, served on 1/30/2023 pursuant to his agreement to accept service via electronic mail on behalf of Patrick Morrisey, answer due 2/21/2023. (Majestro, Anthony) (Modified on 1/31/2023 to add the name of the person served and means of service) (mkw).

Jan. 31, 2023

Jan. 31, 2023

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SUMMONS RETURNED EXECUTED for Patrick Morrisey, re: 1 Complaint. Curtis Capehart, Deputy Attorney General, served on 1/30/2023 pursuant to his agreement to accept service via electronic mail on behalf of Patrick Morrisey, answer due 2/21/2023. (Majestro, Anthony) (Modified on 1/31/2023 to add the name of the person served and means of service) (mkw).

Jan. 31, 2023

Jan. 31, 2023

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SUMMONS RETURNED EXECUTED for Mark A. Sorsaia, re: 1 Complaint. Katelyn Barr, Legal Assistant, served on 1/31/2023 on behalf of Mark A. Sorsaia, answer due 2/21/2023. (Majestro, Anthony) (Modified on 2/1/2023 to add the name of the person served) (mkw).

Feb. 1, 2023

Feb. 1, 2023

PACER
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SUMMONS RETURNED EXECUTED for Mark A. Sorsaia, re: 1 Complaint. Katelyn Barr, Legal Assistant, served on 1/31/2023 on behalf of Mark A. Sorsaia, answer due 2/21/2023. (Majestro, Anthony) (Modified on 2/1/2023 to add the name of the person served) (mkw).

Feb. 1, 2023

Feb. 1, 2023

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SUMMONS RETURNED EXECUTED for Mark A. Sorsaia, re: 1 Complaint. Katelyn Barr, Legal Assistant, served on 1/31/2023 on behalf of Mark A. Sorsaia, answer due 2/21/2023. (Majestro, Anthony) (Modified on 2/1/2023 to add the name of the person served) (mkw).

Feb. 1, 2023

Feb. 1, 2023

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DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Plaintiff GenBioPro, Inc. (Majestro, Anthony)

Feb. 3, 2023

Feb. 3, 2023

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DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Plaintiff GenBioPro, Inc. (Majestro, Anthony)

Feb. 3, 2023

Feb. 3, 2023

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DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Plaintiff GenBioPro, Inc. (Majestro, Anthony)

Feb. 3, 2023

Feb. 3, 2023

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RULE 12(B)(1) AND RULE 12(B)(6) MOTION by Mark A. Sorsaia to Dismiss for Failure to State a Claim, re: 1 Complaint. (jsa)

Feb. 16, 2023

Feb. 16, 2023

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MEMORANDUM OF LAW by Mark A. Sorsaia in support of 17 RULE 12(B)(1) AND RULE 12(B)96) MOTION by Mark A. Sorsaia to Dismiss for Failure to State a Claim, re: 1 Complaint. (jsa)

Feb. 16, 2023

Feb. 16, 2023

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RULE 12(B)(1) AND RULE 12(B)(6) MOTION by Mark A. Sorsaia to Dismiss for Failure to State a Claim, re: 1 Complaint. (jsa)

Feb. 16, 2023

Feb. 16, 2023

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MEMORANDUM OF LAW by Mark A. Sorsaia in support of 17 RULE 12(B)(1) AND RULE 12(B)96) MOTION by Mark A. Sorsaia to Dismiss for Failure to State a Claim, re: 1 Complaint. (jsa)

Feb. 16, 2023

Feb. 16, 2023

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RULE 12(B)(1) AND RULE 12(B)(6) MOTION by Mark A. Sorsaia to Dismiss for Failure to State a Claim, re: 1 Complaint. (jsa)

Feb. 16, 2023

Feb. 16, 2023

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MEMORANDUM OF LAW by Mark A. Sorsaia in support of 17 RULE 12(B)(1) AND RULE 12(B)96) MOTION by Mark A. Sorsaia to Dismiss for Failure to State a Claim, re: 1 Complaint. (jsa)

Feb. 16, 2023

Feb. 16, 2023

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MOTION by Patrick Morrisey to Dismiss re: 1 Complaint. (Attachments: # 1 Proposed Order)(Capehart, Curtis) (Modified on 2/22/2023 to add link to #1 complaint) (mk).

1 Proposed Order

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Feb. 21, 2023

Feb. 21, 2023

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MEMORANDUM by Patrick Morrisey in support of 19 MOTION by Patrick Morrisey to Dismiss re: 1 Complaint. (Capehart, Curtis)

Feb. 21, 2023

Feb. 21, 2023

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MOTION by Patrick Morrisey to Dismiss re: 1 Complaint. (Attachments: # 1 Proposed Order)(Capehart, Curtis) (Modified on 2/22/2023 to add link to #1 complaint) (mk).

1 Proposed Order

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Feb. 21, 2023

Feb. 21, 2023

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MEMORANDUM by Patrick Morrisey in support of 19 MOTION by Patrick Morrisey to Dismiss re: 1 Complaint. (Capehart, Curtis)

Feb. 21, 2023

Feb. 21, 2023

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MOTION by Patrick Morrisey to Dismiss re: 1 Complaint. (Attachments: # 1 Proposed Order)(Capehart, Curtis) (Modified on 2/22/2023 to add link to #1 complaint) (mk).

1 Proposed Order

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Feb. 21, 2023

Feb. 21, 2023

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MEMORANDUM by Patrick Morrisey in support of 19 MOTION by Patrick Morrisey to Dismiss re: 1 Complaint. (Capehart, Curtis)

Feb. 21, 2023

Feb. 21, 2023

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STATEMENT OF VISITING ATTORNEY from Denise M. Harle on behalf of Patrick Morrisey. Local counsel: Curtis R. A. Capehart. Fee $50.00. Receipt # AWVSDC-8373158. (Capehart, Curtis)

Feb. 28, 2023

Feb. 28, 2023

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STATEMENT OF VISITING ATTORNEY from Erin M. Hawley on behalf of Patrick Morrisey. Local counsel: Curtis R. A. Capehart. Fee $50.00. Receipt # AWVSDC-8373175. (Capehart, Curtis)

Feb. 28, 2023

Feb. 28, 2023

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NOTICE OF APPEARANCE by Jeffrey A. Kimble on behalf of State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas. (Kimble, Jeffrey)

Feb. 28, 2023

Feb. 28, 2023

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MOTION by State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas for Leave to File Motion of Arkansas, Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, and Texas for Leave to File an Amicus Brief in Support of the Defendants in this matter, with proposed document attached. (Attachment: # 1 Exhibit)(Kimble, Jeffrey)

1 Exhibit

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Feb. 28, 2023

Feb. 28, 2023

PACER
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STATEMENT OF VISITING ATTORNEY from Denise M. Harle on behalf of Patrick Morrisey. Local counsel: Curtis R. A. Capehart. Fee $50.00. Receipt # AWVSDC-8373158. (Capehart, Curtis)

Feb. 28, 2023

Feb. 28, 2023

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STATEMENT OF VISITING ATTORNEY from Erin M. Hawley on behalf of Patrick Morrisey. Local counsel: Curtis R. A. Capehart. Fee $50.00. Receipt # AWVSDC-8373175. (Capehart, Curtis)

Feb. 28, 2023

Feb. 28, 2023

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NOTICE OF APPEARANCE by Jeffrey A. Kimble on behalf of State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas. (Kimble, Jeffrey)

Feb. 28, 2023

Feb. 28, 2023

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24

MOTION by State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas for Leave to File Motion of Arkansas, Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, and Texas for Leave to File an Amicus Brief in Support of the Defendants in this matter, with proposed document attached. (Attachment: # 1 Exhibit)(Kimble, Jeffrey)

1 Exhibit

View on RECAP

Feb. 28, 2023

Feb. 28, 2023

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21

STATEMENT OF VISITING ATTORNEY from Denise M. Harle on behalf of Patrick Morrisey. Local counsel: Curtis R. A. Capehart. Fee $50.00. Receipt # AWVSDC-8373158. (Capehart, Curtis)

Feb. 28, 2023

Feb. 28, 2023

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22

STATEMENT OF VISITING ATTORNEY from Erin M. Hawley on behalf of Patrick Morrisey. Local counsel: Curtis R. A. Capehart. Fee $50.00. Receipt # AWVSDC-8373175. (Capehart, Curtis)

Feb. 28, 2023

Feb. 28, 2023

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NOTICE OF APPEARANCE by Jeffrey A. Kimble on behalf of State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas. (Kimble, Jeffrey)

Feb. 28, 2023

Feb. 28, 2023

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24

MOTION by State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas for Leave to File Motion of Arkansas, Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, and Texas for Leave to File an Amicus Brief in Support of the Defendants in this matter, with proposed document attached. (Attachment: # 1 Exhibit)(Kimble, Jeffrey)

1 Exhibit

View on RECAP

Feb. 28, 2023

Feb. 28, 2023

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25

UNOPPOSED MOTION by GenBioPro, Inc. to Extend Deadline to Respond to Defendant Mark A. Sorsaia's 17 MOTION to Dismiss to 3/7/2023. (Attachment: # 1 Proposed Order)(Majestro, Anthony) (Modified on 3/1/2023 to add link to #17 motion) (mkw).

March 1, 2023

March 1, 2023

PACER
25

UNOPPOSED MOTION by GenBioPro, Inc. to Extend Deadline to Respond to Defendant Mark A. Sorsaia's 17 MOTION to Dismiss to 3/7/2023. (Attachment: # 1 Proposed Order)(Majestro, Anthony) (Modified on 3/1/2023 to add link to #17 motion) (mkw).

1 Proposed Order

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March 1, 2023

March 1, 2023

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25

UNOPPOSED MOTION by GenBioPro, Inc. to Extend Deadline to Respond to Defendant Mark A. Sorsaia's 17 MOTION to Dismiss to 3/7/2023. (Attachment: # 1 Proposed Order)(Majestro, Anthony) (Modified on 3/1/2023 to add link to #17 motion) (mkw).

1 Proposed Order

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March 1, 2023

March 1, 2023

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26

ORDER GRANTING PLAINTIFF'S MOTION TO EXTEND DEADLINE TO RESPOND TO DEFENDANT MARK A. SORSAIA MOTION TO DISMISS granting Plaintiff's 25 MOTION to Extend Deadline to Respond to Defendant Mark A. Sorsaia's Motion to Dismiss; Plaintiff shall file its response on 3/7/2023. Signed by Judge Robert C. Chambers on 3/2/2023. (cc: counsel of record who have registered to receive an electronic NEF) (cla)

March 2, 2023

March 2, 2023

PACER
26

ORDER GRANTING PLAINTIFF'S MOTION TO EXTEND DEADLINE TO RESPOND TO DEFENDANT MARK A. SORSAIA MOTION TO DISMISS granting Plaintiff's 25 MOTION to Extend Deadline to Respond to Defendant Mark A. Sorsaia's Motion to Dismiss; Plaintiff shall file its response on 3/7/2023. Signed by Judge Robert C. Chambers on 3/2/2023. (cc: counsel of record who have registered to receive an electronic NEF) (cla)

March 2, 2023

March 2, 2023

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26

ORDER GRANTING PLAINTIFF'S MOTION TO EXTEND DEADLINE TO RESPOND TO DEFENDANT MARK A. SORSAIA MOTION TO DISMISS granting Plaintiff's 25 MOTION to Extend Deadline to Respond to Defendant Mark A. Sorsaia's Motion to Dismiss; Plaintiff shall file its response on 3/7/2023. Signed by Judge Robert C. Chambers on 3/2/2023. (cc: counsel of record who have registered to receive an electronic NEF) (cla)

March 2, 2023

March 2, 2023

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27

UNOPPOSED MOTION by GenBioPro, Inc. to Extend Deadline to Respond to 19 MOTION by Patrick Morrisey to Dismiss, re: 1 Complaint to 3/17/2023 and UNOPPOSED MOTION by GenBioPro, Inc. to Exceed Page Limit for its Response. (Attachment: # 1 Proposed Order)(Smith, Christina)

March 3, 2023

March 3, 2023

PACER
27

UNOPPOSED MOTION by GenBioPro, Inc. to Extend Deadline to Respond to 19 MOTION by Patrick Morrisey to Dismiss, re: 1 Complaint to 3/17/2023 and UNOPPOSED MOTION by GenBioPro, Inc. to Exceed Page Limit for its Response. (Attachment: # 1 Proposed Order)(Smith, Christina)

1 Proposed Order

View on RECAP

March 3, 2023

March 3, 2023

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27

UNOPPOSED MOTION by GenBioPro, Inc. to Extend Deadline to Respond to 19 MOTION by Patrick Morrisey to Dismiss, re: 1 Complaint to 3/17/2023 and UNOPPOSED MOTION by GenBioPro, Inc. to Exceed Page Limit for its Response. (Attachment: # 1 Proposed Order)(Smith, Christina)

1 Proposed Order

View on RECAP

March 3, 2023

March 3, 2023

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ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION TO EXTEND DEADLINE AND PAGE LIMIT TO RESPOND TO DEFENDANT PATRICK MORRISEY'S MOTION TO DISMISS granting the 27 UNOPPOSED MOTION by GenBioPro, Inc. to Extend Deadline to Respond to 19 MOTION by Patrick Morrisey to Dismiss and to Exceed Page Limit for its Response; Plaintiff shall file its Response to Defendant Morrisey's Motion to Dismiss on 3/17/2023. Signed by Judge Robert C. Chambers on 3/6/2023. (cc: counsel of record who have registered to receive an electronic NEF) (jsa)

March 6, 2023

March 6, 2023

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ORDER granting the 24 MOTION by State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas for Leave to File an Amicus Brief in Support of the Defendants; directing the Clerk to file the Amicus Brief. Signed by Judge Robert C. Chambers on 3/6/2023. (cc: counsel of record; any unrepresented parties) (jsa)

March 6, 2023

March 6, 2023

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AMICUS BRIEF by State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas in support of 17 MOTION by Mark A. Sorsaia to Dismiss for Failure to State a Claim and 19 MOTION by Patrick Morrisey to Dismiss 1 Complaint. (jsa)

March 6, 2023

March 6, 2023

Clearinghouse
28

ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION TO EXTEND DEADLINE AND PAGE LIMIT TO RESPOND TO DEFENDANT PATRICK MORRISEY'S MOTION TO DISMISS granting the 27 UNOPPOSED MOTION by GenBioPro, Inc. to Extend Deadline to Respond to 19 MOTION by Patrick Morrisey to Dismiss and to Exceed Page Limit for its Response; Plaintiff shall file its Response to Defendant Morrisey's Motion to Dismiss on 3/17/2023. Signed by Judge Robert C. Chambers on 3/6/2023. (cc: counsel of record who have registered to receive an electronic NEF) (jsa)

March 6, 2023

March 6, 2023

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ORDER granting the 24 MOTION by State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas for Leave to File an Amicus Brief in Support of the Defendants; directing the Clerk to file the Amicus Brief. Signed by Judge Robert C. Chambers on 3/6/2023. (cc: counsel of record; any unrepresented parties) (jsa)

March 6, 2023

March 6, 2023

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30

AMICUS BRIEF by State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas in support of 17 MOTION by Mark A. Sorsaia to Dismiss for Failure to State a Claim and 19 MOTION by Patrick Morrisey to Dismiss 1 Complaint. (jsa)

March 6, 2023

March 6, 2023

Clearinghouse
28

ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION TO EXTEND DEADLINE AND PAGE LIMIT TO RESPOND TO DEFENDANT PATRICK MORRISEY'S MOTION TO DISMISS granting the 27 UNOPPOSED MOTION by GenBioPro, Inc. to Extend Deadline to Respond to 19 MOTION by Patrick Morrisey to Dismiss and to Exceed Page Limit for its Response; Plaintiff shall file its Response to Defendant Morrisey's Motion to Dismiss on 3/17/2023. Signed by Judge Robert C. Chambers on 3/6/2023. (cc: counsel of record who have registered to receive an electronic NEF) (jsa)

March 6, 2023

March 6, 2023

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29

ORDER granting the 24 MOTION by State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas for Leave to File an Amicus Brief in Support of the Defendants; directing the Clerk to file the Amicus Brief. Signed by Judge Robert C. Chambers on 3/6/2023. (cc: counsel of record; any unrepresented parties) (jsa)

March 6, 2023

March 6, 2023

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30

AMICUS BRIEF by State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas in support of 17 MOTION by Mark A. Sorsaia to Dismiss for Failure to State a Claim and 19 MOTION by Patrick Morrisey to Dismiss 1 Complaint. (jsa)

March 6, 2023

March 6, 2023

Clearinghouse
31

OPPOSITION by GenBioPro, Inc. to 17 MOTION by Mark A. Sorsaia to Dismiss. (Smith, Christina) (Modified on 3/8/2023 to remove link to #18 memorandum in support) (mkw).

March 7, 2023

March 7, 2023

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31

OPPOSITION by GenBioPro, Inc. to 17 MOTION by Mark A. Sorsaia to Dismiss. (Smith, Christina) (Modified on 3/8/2023 to remove link to #18 memorandum in support) (mkw).

March 7, 2023

March 7, 2023

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OPPOSITION by GenBioPro, Inc. to 17 MOTION by Mark A. Sorsaia to Dismiss. (Smith, Christina) (Modified on 3/8/2023 to remove link to #18 memorandum in support) (mkw).

March 7, 2023

March 7, 2023

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STATEMENT OF VISITING ATTORNEY from Dylan L. Jacobs on behalf of State of Arkansas. Local counsel: Jeffrey A. Kimble. Fee $50.00. Receipt #AWVSDC-8373482. (Attachment: # 1 Receipt) (jsa) (Modified on 3/13/2023 to correct the filed date) (Entered: 03/13/2023)

March 10, 2023

March 10, 2023

PACER

Case Details

State / Territory: West Virginia

Case Type(s):

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: Jan. 25, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

GenBioPro, a private company that makes mifepristone, an abortion medication.

Plaintiff Type(s):

Closely-held (for profit) corporation

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of West Virginia, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Commerce Power

Supremacy Clause

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Reproductive rights:

Abortion

Criminalization

Mandatory delay

Medication abortion

Patient disclosure requirement

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

Telemedicine