Case: Bryant v. Stein

1:23-cv-00077 | U.S. District Court for the Middle District of North Carolina

Filed Date: Jan. 25, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about medication abortion in North Carolina. This lawsuit was filed on January 25, 2023, in the U.S. District Court for the Middle District of North Carolina. The plaintiff, a North Carolina physician, sued North Carolina, alleging that it was unconstitutional for the state to regulate mifepristone, an abortion medication, because the federal government already did so through the FDA and the federal regulations should preempt those imposed by the state. The plaintiff, represented…

This is a case about medication abortion in North Carolina. This lawsuit was filed on January 25, 2023, in the U.S. District Court for the Middle District of North Carolina. The plaintiff, a North Carolina physician, sued North Carolina, alleging that it was unconstitutional for the state to regulate mifepristone, an abortion medication, because the federal government already did so through the FDA and the federal regulations should preempt those imposed by the state. The plaintiff, represented by a private law firm, sought declaratory and injunctive relief invalidating North Carolina’s restrictions, as well as attorney’s fees. The case was assigned to Judge William L. Osteen, Jr.

This case was filed on the same day as a similar case, GenBioPro, Inc. v. Sorsaia, that challenged a West Virginia law regulating mifepristone based on the same legal reasoning.

In this case, the plaintiff alleged that North Carolina’s restrictions on mifepristone, including the state’s regulations about both abortion generally and medication abortion specifically, were unconstitutional because they were much more restrictive than the FDA’s. North Carolina’s laws made physicians the only legal prescribers and providers of mifepristone, and required that patients take the medication in the presence of the physician, in a particular type of facility meeting certain building and certification requirements. By contrast, under the FDA’s rules, a patient could get a mifepristone prescription from non-physician healthcare providers, including virtually, and they were allowed to pick it up at a pharmacy and take it anywhere. North Carolina also included counseling and ultrasound requirements beyond the FDA’s rules, and the state mandated a 72-hour waiting period before taking the medication. North Carolina's law included civil or criminal penalties for those who performed abortions, and physicians who broke the law could lose their medical licenses.

According to the plaintiff, North Carolina’s regulations violated the Supremacy Clause of the U.S. Constitution, which requires federal law to preempt state law when the two come into conflict. The plaintiff argued that since the FDA has exclusive control over the regulation of mifepristone, and since the FDA chose not to impose the requirements that North Carolina did, the state’s requirements should be overridden by the FDA’s regulations. The plaintiff alleged that these unconstitutional requirements would harm her and her patients by making it more difficult to prescribe and take mifepristone and therefore creating more risks for patients. 

The plaintiff sought a declaratory judgment that federal law preempted North Carolina’s law, an injunction to stop the enforcement of these laws and prevent the state from regulating mifepristone in any other unconstitutional way, and attorney’s fees.

As of February 2023, the case was ongoing.

Summary Authors

Micah Pollens-Dempsey (2/12/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66756666/parties/bryant-v-stein/


Judge(s)
Attorney for Plaintiff

COREY, CHELSEA (North Carolina)

Attorney for Defendant

BOYCE, SARAH G. (North Carolina)

BOYLE, WILLIAM ELLIS (North Carolina)

BRENNAN, STEPHANIE A. (North Carolina)

BULLERI, MICHAEL E. (North Carolina)

show all people

Documents in the Clearinghouse

Document
1

1:23-cv-00077

Complaint

Jan. 25, 2023

Jan. 25, 2023

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66756666/bryant-v-stein/

Last updated March 10, 2024, 4:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against WILLIAM M. BRAWLEY, W. HOWARD HALL, SHARONA Y. JOHNSON, CHRISTINE M. KHANDELWAL, MICHAUX R. KILPATRICK, KODY KINSLEY, JOSHUA D. MALCOLM, JEFF NIEMAN, MIGUEL A. PINEIRO, MELINDA H. PRIVETTE, ANURADHA RAO-PATEL, ROBERT RICH, JR, JOHN W. RUSHER, DEVDUTTA G. SANGVAI, JOSHUA H. STEIN ( Filing fee $ 402 receipt number ANCMDC-3478658.), filed by AMY BRYANT, MD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Civil Cover Sheet)(COREY, CHELSEA) (Entered: 01/25/2023)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

7 Exhibit G

View on PACER

8 Exhibit H

View on PACER

9 Exhibit I

View on PACER

10 Exhibit J

View on PACER

11 Exhibit K

View on PACER

12 Exhibit L

View on PACER

13 Exhibit M

View on PACER

14 Exhibit N

View on PACER

15 Exhibit O

View on PACER

16 Exhibit P

View on PACER

17 Exhibit Q

View on PACER

18 Exhibit R

View on PACER

19 Exhibit S

View on PACER

20 Exhibit T

View on PACER

21 Civil Cover Sheet

View on PACER

Jan. 25, 2023

Jan. 25, 2023

Clearinghouse
2

NOTICE of Attorney Appearance by attorney CHELSEA COREY on behalf of Plaintiff AMY BRYANT, MD (COREY, CHELSEA) (Entered: 01/25/2023)

Jan. 25, 2023

Jan. 25, 2023

PACER
3

NOTICE of Special Appearance by attorney EVA TEMKIN on behalf of Plaintiff AMY BRYANT, MD ( Filing fee $ 25 receipt number ANCMDC-3479352.) (TEMKIN, EVA) (Entered: 01/25/2023)

Jan. 25, 2023

Jan. 25, 2023

PACER
4

NOTICE of Special Appearance by attorney PAUL ALESSIO MEZZINA on behalf of Plaintiff AMY BRYANT, MD ( Filing fee $ 25 receipt number ANCMDC-3479363.) (MEZZINA, PAUL) (Entered: 01/25/2023)

Jan. 25, 2023

Jan. 25, 2023

PACER
5

NOTICE of Special Appearance by attorney JESSICA GREENBAUM on behalf of Plaintiff AMY BRYANT, MD ( Filing fee $ 25 receipt number ANCMDC-3479376.) (GREENBAUM, JESSICA) (Entered: 01/25/2023)

Jan. 25, 2023

Jan. 25, 2023

PACER

Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE L. PATRICK AULD. (Carter, Alexus)

Jan. 30, 2023

Jan. 30, 2023

PACER
6

Summons Issued as to All Defendants. (Attachments: # 1 Summons - JEFF NIEMAN, # 2 Summons - KODY H. KINSLEY, # 3 Summons - MICHAUX R. KILPATRICK, MD, PHD, # 4 Summons - CHRISTINE M. KHANDELWAL, DO, # 5 Summons - DEVDUTTA G. SANGVAI, MD, MBA, # 6 Summons - JOHN W. RUSHER, MD, JD, # 7 Summons - WILLIAM M. BRAWLEY, # 8 Summons - W. HOWARD HALL, MD, # 9 Summons - SHARONA Y. JOHNSON, PHD, FNP-BC, # 10 Summons - JOSHUA D. MALCOLM, JD, # 11 Summons - MIGUEL A. PINEIRO, PA-C, MHPE, # 12 Summons - MELINDA H. PRIVETTE, MD, JD, # 13 Summons - ANURADHA RAO-PATEL, MD, # 14 Summons - ROBERT RICH, JR., MD) (Carter, Alexus) (Entered: 01/30/2023)

Jan. 30, 2023

Jan. 30, 2023

PACER
7

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 Consent Form) (Carter, Alexus) (Entered: 01/30/2023)

Jan. 30, 2023

Jan. 30, 2023

PACER

Case Assigned

Jan. 30, 2023

Jan. 30, 2023

PACER
8

AFFIDAVIT OF SERVICE as to JOSHUA H. STEIN served on 2/1/2023, answer due 2/22/2023. (COREY, CHELSEA) (Entered: 02/06/2023)

Feb. 6, 2023

Feb. 6, 2023

PACER
9

AFFIDAVIT OF SERVICE as to JEFF NIEMAN served on 2/1/2023, answer due 2/22/2023. (COREY, CHELSEA) (Entered: 02/06/2023)

Feb. 6, 2023

Feb. 6, 2023

PACER
10

AFFIDAVIT OF SERVICE as to KODY H. KINSLEY served on 2/1/2023, answer due 2/22/2023. (COREY, CHELSEA) (Entered: 02/06/2023)

Feb. 6, 2023

Feb. 6, 2023

PACER
11

AFFIDAVIT OF SERVICE as to MICHAUX R. KILPATRICK, MD, PHD served on 2/1/2023, answer due 2/22/2023. (COREY, CHELSEA) (Entered: 02/06/2023)

Feb. 6, 2023

Feb. 6, 2023

PACER
12

AFFIDAVIT OF SERVICE as to CHRISTINE M. KHANDELWAL, DO served on 2/1/2023, answer due 2/22/2023. (COREY, CHELSEA) (Entered: 02/06/2023)

Feb. 6, 2023

Feb. 6, 2023

PACER
13

AFFIDAVIT OF SERVICE as to DEVDUTTA G. SANGVAI, MD, MBA served on 2/1/2023, answer due 2/22/2023. (COREY, CHELSEA) (Entered: 02/06/2023)

Feb. 6, 2023

Feb. 6, 2023

PACER
14

AFFIDAVIT OF SERVICE as to JOHN W. RUSHER, MD, JD served on 2/1/2023, answer due 2/22/2023. (COREY, CHELSEA) (Entered: 02/06/2023)

Feb. 6, 2023

Feb. 6, 2023

PACER
15

AFFIDAVIT OF SERVICE as to WILLIAM M. BRAWLEY served on 2/1/2023, answer due 2/22/2023. (COREY, CHELSEA) (Entered: 02/06/2023)

Feb. 6, 2023

Feb. 6, 2023

PACER
16

AFFIDAVIT OF SERVICE as to W. HOWARD HALL, MD served on 2/1/2023, answer due 2/22/2023. (COREY, CHELSEA) (Entered: 02/06/2023)

Feb. 6, 2023

Feb. 6, 2023

PACER
17

AFFIDAVIT OF SERVICE as to SHARONA Y. JOHNSON, PHD, FNP-BC served on 2/1/2023, answer due 2/22/2023. (COREY, CHELSEA) (Entered: 02/06/2023)

Feb. 6, 2023

Feb. 6, 2023

PACER
18

AFFIDAVIT OF SERVICE as to JOSHUA D. MALCOLM, JD served on 2/1/2023, answer due 2/22/2023. (COREY, CHELSEA) (Entered: 02/06/2023)

Feb. 6, 2023

Feb. 6, 2023

PACER
19

AFFIDAVIT OF SERVICE as to MIGUEL A. PINEIRO, PA-C, MHPE served on 2/1/2023, answer due 2/22/2023. (COREY, CHELSEA) (Entered: 02/06/2023)

Feb. 6, 2023

Feb. 6, 2023

PACER
20

AFFIDAVIT OF SERVICE as to MELINDA H. PRIVETTE, MD, JD served on 2/1/2023, answer due 2/22/2023. (COREY, CHELSEA) (Entered: 02/06/2023)

Feb. 6, 2023

Feb. 6, 2023

PACER
21

AFFIDAVIT OF SERVICE as to ANURADHA RAO-PATEL, MD served on 2/1/2023, answer due 2/22/2023. (COREY, CHELSEA) (Entered: 02/06/2023)

Feb. 6, 2023

Feb. 6, 2023

PACER
22

AFFIDAVIT OF SERVICE as to ROBERT RICH, JR., MD served on 2/1/2023, answer due 2/22/2023. (COREY, CHELSEA) (Entered: 02/06/2023)

Feb. 6, 2023

Feb. 6, 2023

PACER
23

NOTICE of Attorney Appearance by attorney MICHAEL E. BULLERI on behalf of Defendants WILLIAM M. BRAWLEY, W. HOWARD HALL, MD, SHARONA Y. JOHNSON, PHD, FNP-BC, CHRISTINE M. KHANDELWAL, DO, MICHAUX R. KILPATRICK, MD, PHD, JOSHUA D. MALCOLM, JD, MIGUEL A. PINEIRO, PA-C, MHPE, MELINDA H. PRIVETTE, MD, JD, ANURADHA RAO-PATEL, MD, ROBERT RICH, JR., MD, JOHN W. RUSHER, MD, JD, DEVDUTTA G. SANGVAI, MD, MBA (BULLERI, MICHAEL) (Entered: 02/15/2023)

Feb. 15, 2023

Feb. 15, 2023

PACER
24

MOTION for Extension of Time to File Answer re 1 Complaint,,, by WILLIAM M. BRAWLEY, W. HOWARD HALL, MD, SHARONA Y. JOHNSON, PHD, FNP-BC, CHRISTINE M. KHANDELWAL, DO, MICHAUX R. KILPATRICK, MD, PHD, JOSHUA D. MALCOLM, JD, MIGUEL A. PINEIRO, PA-C, MHPE, MELINDA H. PRIVETTE, MD, JD, ANURADHA RAO-PATEL, MD, ROBERT RICH, JR., MD, JOHN W. RUSHER, MD, JD, DEVDUTTA G. SANGVAI, MD, MBA. (Attachments: # 1 Text of Proposed Order Proposed Order)(BULLERI, MICHAEL) (Entered: 02/15/2023)

Feb. 15, 2023

Feb. 15, 2023

PACER

ORDER granting 24 Motion for Extension of Time to Answer for WILLIAM M. BRAWLEY, W. HOWARD HALL, MD, SHARONA Y. JOHNSON, PHD, FNP-BC, CHRISTINE M. KHANDELWAL, DO, MICHAUX R. KILPATRICK, MD, PHD, JOSHUA D. MALCOLM, JD, MIGUEL A. PINEIRO, PA-C, MHPE, MELINDA H. PRIVETTE, MD, JD, ANURADHA RAO-PATEL, MD, ROBERT RICH, JR., MD, JOHN W. RUSHER, MD, JD, and DEVDUTTA G. SANGVAI, MD, MBA. Answer due by 3/24/2023. Signed by John Brubaker, Clerk of Court, on 2/15/2023. (Brubaker, John)

Feb. 15, 2023

Feb. 15, 2023

PACER

Order on Motion for Extension of Time to Answer

Feb. 15, 2023

Feb. 15, 2023

PACER
25

NOTICE of Attorney Appearance by attorney KATHRYN HICKS SHIELDS on behalf of Defendant JEFF NIEMAN (SHIELDS, KATHRYN) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

RECAP
26

MOTION for Extension of Time to File Answer re 1 Complaint,,, by JEFF NIEMAN. (Attachments: # 1 Text of Proposed Order)(SHIELDS, KATHRYN) (Entered: 02/16/2023)

1 Text of Proposed Order

View on PACER

Feb. 16, 2023

Feb. 16, 2023

PACER

ORDER granting 26 Motion for Extension of Time to Answer for JEFF NIEMAN. Answer due by 3/24/2023. Signed by John Brubaker, Clerk of Court, on 02/17/2023. (Brubaker, John)

Feb. 17, 2023

Feb. 17, 2023

PACER

Order on Motion for Extension of Time to Answer

Feb. 17, 2023

Feb. 17, 2023

PACER
27

NOTICE of Attorney Appearance by attorney MICHAEL T. WOOD on behalf of Defendant KODY H. KINSLEY (WOOD, MICHAEL) (Entered: 02/21/2023)

Feb. 21, 2023

Feb. 21, 2023

PACER
28

NOTICE of Attorney Appearance by attorney WILLIAM ELLIS BOYLE on behalf of Intervenor Defendants Timothy K. Moore, Philip E. Berger (BOYLE, WILLIAM) (Entered: 02/21/2023)

Feb. 21, 2023

Feb. 21, 2023

PACER
29

MOTION to Intervene by Philip E. Berger, Timothy K. Moore. Response to Motion due by 3/14/2023 (Attachments: # 1 Exhibit 1 - Proposed Answer)(BOYLE, WILLIAM) (Additional attachment(s) added on 2/21/2023: # 2 Text of Proposed Order) (Hicks, Samantha). (Entered: 02/21/2023)

1 Exhibit 1 - Proposed Answer

View on PACER

Feb. 21, 2023

Feb. 21, 2023

PACER
30

MEMORANDUM re 29 MOTION to Intervene (Memorandum in Support) by Intervenor Defendant Timothy K. Moore. (Attachments: # 1 Exhibit 1 - February 13, 2023, Letter)(BOYLE, WILLIAM) (Attachment 1 replaced on 2/21/2023) (Hicks, Samantha). (Entered: 02/21/2023)

1 Exhibit 1 - February 13, 2023, Letter

View on PACER

Feb. 21, 2023

Feb. 21, 2023

PACER
31

***FILED IN ERROR*** NOTICE by Philip E. Berger, Timothy K. Moore re 29 MOTION to Intervene, 30 Memorandum (PROPOSED ORDER) (BOYLE, WILLIAM) Modified on 2/21/2023 to mark as filed in error per attorney. (Hicks, Samantha) (Entered: 02/21/2023)

Feb. 21, 2023

Feb. 21, 2023

PACER
32

***FILED IN ERROR*** MEMORANDUM re 30 Memorandum (Exhibit 1 - February 13, 2023)(Corrected) by Intervenor Defendant Timothy K. Moore. (BOYLE, WILLIAM) Modified on 2/21/2023 to mark as filed in error per attorney. (Hicks, Samantha) (Entered: 02/21/2023)

Feb. 21, 2023

Feb. 21, 2023

PACER
33

Corporate Disclosure Statement. (BOYLE, WILLIAM) (Entered: 02/21/2023)

Feb. 21, 2023

Feb. 21, 2023

PACER
34

Corporate Disclosure Statement. (BOYLE, WILLIAM) (Entered: 02/21/2023)

Feb. 21, 2023

Feb. 21, 2023

PACER
35

NOTICE of Special Appearance by attorney DENISE M. HARLE on behalf of Intervenor Defendant Timothy K. Moore ( Filing fee $ 25 receipt number ANCMDC-3500295.) (HARLE, DENISE) (Entered: 02/21/2023)

Feb. 21, 2023

Feb. 21, 2023

PACER
36

NOTICE of Special Appearance by attorney ERICA STEINMILLER-PERDOMO on behalf of Intervenor Defendant Timothy K. Moore ( Filing fee $ 25 receipt number ANCMDC-3500297.) (STEINMILLER-PERDOMO, ERICA) (Entered: 02/21/2023)

Feb. 21, 2023

Feb. 21, 2023

PACER
37

NOTICE of Special Appearance by attorney MARK LIPPELMANN on behalf of Intervenor Defendant Timothy K. Moore ( Filing fee $ 25 receipt number ANCMDC-3500301.) (LIPPELMANN, MARK) (Entered: 02/21/2023)

Feb. 21, 2023

Feb. 21, 2023

PACER
38

NOTICE of Attorney Appearance by attorney AMAR MAJMUNDAR on behalf of Defendant JOSHUA H. STEIN (MAJMUNDAR, AMAR) (Entered: 02/22/2023)

Feb. 22, 2023

Feb. 22, 2023

PACER
39

NOTICE of Attorney Appearance by attorney STEPHANIE A. BRENNAN on behalf of Defendant JOSHUA H. STEIN (BRENNAN, STEPHANIE) (Entered: 02/22/2023)

Feb. 22, 2023

Feb. 22, 2023

PACER
40

NOTICE of Attorney Appearance by attorney SARAH G. BOYCE on behalf of Defendant JOSHUA H. STEIN (BOYCE, SARAH) (Entered: 02/22/2023)

Feb. 22, 2023

Feb. 22, 2023

PACER
41

ANSWER to 1 Complaint,,, by KODY H. KINSLEY. (WOOD, MICHAEL) (Entered: 02/22/2023)

Feb. 22, 2023

Feb. 22, 2023

PACER
42

NOTICE of Special Appearance by attorney ERIN MORROW HAWLEY on behalf of Intervenor Defendant Timothy K. Moore ( Filing fee $ 25 receipt number ANCMDC-3501377.) (HAWLEY, ERIN) (Entered: 02/22/2023)

Feb. 22, 2023

Feb. 22, 2023

PACER
43

ANSWER to 1 Complaint,,, by JOSHUA H. STEIN. (MAJMUNDAR, AMAR) (Entered: 02/22/2023)

Feb. 22, 2023

Feb. 22, 2023

RECAP
44

RESPONSE filed by Plaintiff AMY BRYANT, MD re 29 MOTION to Intervene filed by Timothy K. Moore, Philip E. Berger filed by AMY BRYANT, MD. Replies due by 3/9/2023 (COREY, CHELSEA) (Entered: 02/23/2023)

Feb. 23, 2023

Feb. 23, 2023

RECAP
45

RESPONSE filed by Defendant JOSHUA H. STEIN re 29 MOTION to Intervene filed by Timothy K. Moore, Philip E. Berger filed by JOSHUA H. STEIN. Replies due by 3/13/2023 (MAJMUNDAR, AMAR) (Entered: 02/27/2023)

Feb. 27, 2023

Feb. 27, 2023

RECAP
46

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 03/01/2023, that any additional responses from the remaining defendants to the motion to intervene, (Doc. 29 ), shall be filed on or before Wednesday, March 8, 2023. If no response is filed on or before March 8, 2023, the motion will be decided as an uncontested motion. FURTHER that the movant Intervenors shall file an objection, if any, to the response date of March 24, 2023 as proposed by Plaintiff on or before Wednesday, March 8, 2023. (Taylor, Abby) (Entered: 03/01/2023)

March 1, 2023

March 1, 2023

RECAP
47

RESPONSE filed by Defendant KODY H. KINSLEY re 29 MOTION to Intervene filed by Timothy K. Moore, Philip E. Berger filed by KODY H. KINSLEY. Replies due by 3/15/2023 (WOOD, MICHAEL) (Entered: 03/01/2023)

March 1, 2023

March 1, 2023

RECAP
48

RESPONSE filed by Defendants WILLIAM M. BRAWLEY, W. HOWARD HALL, MD, SHARONA Y. JOHNSON, PHD, FNP-BC, CHRISTINE M. KHANDELWAL, DO, MICHAUX R. KILPATRICK, MD, PHD, JOSHUA D. MALCOLM, JD, MIGUEL A. PINEIRO, PA-C, MHPE, MELINDA H. PRIVETTE, MD, JD, ANURADHA RAO-PATEL, MD, ROBERT RICH, JR., MD, JOHN W. RUSHER, MD, JD, DEVDUTTA G. SANGVAI, MD, MBA re 29 MOTION to Intervene filed by Timothy K. Moore, Philip E. Berger filed by WILLIAM M. BRAWLEY, W. HOWARD HALL, MD, SHARONA Y. JOHNSON, PHD, FNP-BC, CHRISTINE M. KHANDELWAL, DO, MICHAUX R. KILPATRICK, MD, PHD, JOSHUA D. MALCOLM, JD, MIGUEL A. PINEIRO, PA-C, MHPE, MELINDA H. PRIVETTE, MD, JD, ANURADHA RAO-PATEL, MD, ROBERT RICH, JR., MD, JOHN W. RUSHER, MD, JD, DEVDUTTA G. SANGVAI, MD, MBA. Replies due by 3/21/2023 (BULLERI, MICHAEL) (Entered: 03/07/2023)

March 7, 2023

March 7, 2023

RECAP
49

RESPONSE re 29 MOTION to Intervene filed by JEFF NIEMAN. Replies due by 3/22/2023 (SHIELDS, KATHRYN) (Entered: 03/08/2023)

March 8, 2023

March 8, 2023

RECAP
50

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 03/10/2023, that the Motion to Intervene as Defendants, (Doc. 29 ), is GRANTED and Intervenors Philip E. Berger, President Pro Tempore of the North Carolina Senate, and Timothy K. Moore, Speaker of the North Carolina House of Representatives, are permitted to intervene on behalf of the General Assembly and as agents of the State of North Carolina to defend N.C. Gen. Stat. §§ 14-44, 14-45, 14- 45.1, 90-21.82, 90-21.90, and 10A N.C. Admin. Code Subchapter 14E pursuant to Fed. R. Civ. P. 24 and LR 7.3 in this action. FURTHER ORDERED that Intervenors shall file an answer or otherwise respond to the complaint on or before March 24, 2023. (Taylor, Abby) (Entered: 03/10/2023)

March 10, 2023

March 10, 2023

RECAP

Set/Reset Deadlines/Hearings

March 10, 2023

March 10, 2023

PACER

Set Answer Deadline: Philip E. Berger answer due 3/24/2023; Timothy K. Moore answer due 3/24/2023. (Taylor, Abby)

March 10, 2023

March 10, 2023

PACER
51

ANSWER to 1 Complaint,,, by WILLIAM M. BRAWLEY, W. HOWARD HALL, MD, SHARONA Y. JOHNSON, PHD, FNP-BC, CHRISTINE M. KHANDELWAL, DO, MICHAUX R. KILPATRICK, MD, PHD, JOSHUA D. MALCOLM, JD, MIGUEL A. PINEIRO, PA-C, MHPE, MELINDA H. PRIVETTE, MD, JD, ANURADHA RAO-PATEL, MD, ROBERT RICH, JR., MD, JOHN W. RUSHER, MD, JD, DEVDUTTA G. SANGVAI, MD, MBA. (BULLERI, MICHAEL) (Entered: 03/24/2023)

March 24, 2023

March 24, 2023

PACER
52

ANSWER to 1 Complaint,,, by JEFF NIEMAN. (SHIELDS, KATHRYN) (Entered: 03/24/2023)

March 24, 2023

March 24, 2023

PACER
53

MOTION to Dismiss by Philip E. Berger, Timothy K. Moore. Response to Motion due by 4/14/2023 (Attachments: # 1 Text of Proposed Order)(BOYLE, WILLIAM) (Entered: 03/24/2023)

1 Text of Proposed Order

View on PACER

March 24, 2023

March 24, 2023

PACER
54

MEMORANDUM filed by Intervenor Defendants Philip E. Berger, Timothy K. Moore re 53 MOTION to Dismiss (Memorandum in Support) filed by Philip E. Berger, Timothy K. Moore. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(BOYLE, WILLIAM) (Entered: 03/24/2023)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

March 24, 2023

March 24, 2023

RECAP
55

MOTION for Extension of Time to File Response/Reply as to 53 MOTION to Dismiss by AMY BRYANT, MD. (Attachments: # 1 Text of Proposed Order)(COREY, CHELSEA) (Entered: 04/03/2023)

April 3, 2023

April 3, 2023

PACER
56

MOTION for Extension of Time to File Response/Reply as to 53 MOTION to Dismiss by JOSHUA H. STEIN. (Attachments: # 1 Text of Proposed Order)(MAJMUNDAR, AMAR) (Entered: 04/04/2023)

1 Text of Proposed Order

View on PACER

April 4, 2023

April 4, 2023

PACER

Motions Referred

April 4, 2023

April 4, 2023

PACER

Order on Motion for Extension of Time to File Response/Reply AND Order on Motion for Extension of Time to File Response/Reply

April 4, 2023

April 4, 2023

PACER

Motions Referred to MAG/JUDGE L. PATRICK AULD re: 55 MOTION for Extension of Time to File Response/Reply as to 53 MOTION to Dismiss and 56 MOTION for Extension of Time to File Response/Reply as to 53 MOTION to Dismiss . (Daniel, J)

April 4, 2023

April 4, 2023

PACER

TEXT ORDER granting 55 Consent Motion for Extension of Time and 56 Consent Motion for Extension of Time. The deadline for any response to 53 Motion to Dismiss is extended to 04/21/2023. Issued by MAG/JUDGE L. PATRICK AULD on 04/04/2023. (AULD, L.)

April 4, 2023

April 4, 2023

PACER
57

MOTION for Extension of Time to File Response/Reply as to 53 MOTION to Dismiss by KODY H. KINSLEY. (Attachments: # 1 Text of Proposed Order)(WOOD, MICHAEL) (Entered: 04/13/2023)

April 13, 2023

April 13, 2023

PACER

Motions Submitted

April 14, 2023

April 14, 2023

PACER

Motion Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: 57 MOTION for Extension of Time to File Response/Reply as to 53 MOTION to Dismiss. (Daniel, J)

April 14, 2023

April 14, 2023

PACER
58

RESPONSE filed by Defendants WILLIAM M. BRAWLEY, W. HOWARD HALL, MD, SHARONA Y. JOHNSON, PHD, FNP-BC, CHRISTINE M. KHANDELWAL, DO, MICHAUX R. KILPATRICK, MD, PHD, JOSHUA D. MALCOLM, JD, MIGUEL A. PINEIRO, PA-C, MHPE, MELINDA H. PRIVETTE, MD, JD, ANURADHA RAO-PATEL, MD, ROBERT RICH, JR., MD, JOHN W. RUSHER, MD, JD, DEVDUTTA G. SANGVAI, MD, MBA re 53 MOTION to Dismiss filed by Timothy K. Moore, Philip E. Berger filed by WILLIAM M. BRAWLEY, W. HOWARD HALL, MD, SHARONA Y. JOHNSON, PHD, FNP-BC, CHRISTINE M. KHANDELWAL, DO, MICHAUX R. KILPATRICK, MD, PHD, JOSHUA D. MALCOLM, JD, MIGUEL A. PINEIRO, PA-C, MHPE, MELINDA H. PRIVETTE, MD, JD, ANURADHA RAO-PATEL, MD, ROBERT RICH, JR., MD, JOHN W. RUSHER, MD, JD, DEVDUTTA G. SANGVAI, MD, MBA. Replies due by 4/28/2023 (BULLERI, MICHAEL) (Entered: 04/14/2023)

April 14, 2023

April 14, 2023

RECAP
59

Second MOTION for Extension of Time to File Response/Reply as to 53 MOTION to Dismiss by JOSHUA H. STEIN. (Attachments: # 1 Text of Proposed Order)(MAJMUNDAR, AMAR) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER
60

Second MOTION for Extension of Time to File Response/Reply as to 53 MOTION to Dismiss by AMY BRYANT, MD. (Attachments: # 1 Text of Proposed Order)(COREY, CHELSEA) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER
61

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 04/18/2023, that Defendant Sec. Kinsley's Motion for Extension of Time to File Response to Intervenors' Motion to Dismiss, (Doc. 57 ), is GRANTED and Defendant Kinsley shall have through and including April 28, 2023, to file and serve a response to Defendant-Intervenors' motion to dismiss. (Taylor, Abby) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER

Set/Reset Motion and R and R Deadlines/Hearings

April 19, 2023

April 19, 2023

PACER

Motions Submitted

April 19, 2023

April 19, 2023

PACER

Motions Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: 59 Second MOTION for Extension of Time to File Response/Reply as to 53 MOTION to Dismiss and 60 Second MOTION for Extension of Time to File Response/Reply as to 53 MOTION to Dismiss. (Daniel, J)

April 19, 2023

April 19, 2023

PACER

Set/Response Deadline re 53 MOTION to Dismiss : Response to Motion due by 4/28/2023. (Taylor, Abby)

April 19, 2023

April 19, 2023

PACER
62

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 04/19/2023, that The Attorney Generals Second Motion for Extension of Time to File Response to Intervenors' Motion to Dismiss, (Doc. 59 ), is GRANTED and Defendant Stein shall have until and including April 28, 2023, to respond to Legislative-Intervenor Defendants Motion to Dismiss, (Doc. 53 ). (Taylor, Abby) (Entered: 04/19/2023)

April 19, 2023

April 19, 2023

PACER
63

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 04/19/2023, that Plaintiff's Second Motion for Extension of Time to File Response to Intervenors' Motion to Dismiss, (Doc. 60 ), is GRANTED and Plaintiff shall have up to and including April 28, 2023, to respond to Intervenors' Motion to Dismiss, (Doc. 53 ). (Taylor, Abby) (Entered: 04/19/2023)

April 19, 2023

April 19, 2023

PACER
64

RESPONSE in Opposition re 53 MOTION to Dismiss filed by Timothy K. Moore, Philip E. Berger filed by JOSHUA H. STEIN. Replies due by 5/12/2023 (BOYCE, SARAH) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

PACER
65

NOTICE of Attorney Appearance by attorney SRIPRIYA NARASIMHAN on behalf of Defendant JOSHUA H. STEIN (NARASIMHAN, SRIPRIYA) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

PACER
66

NOTICE by JEFF NIEMAN re 53 MOTION to Dismiss Notice of No Position on Motion (SHIELDS, KATHRYN) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

PACER
67

RESPONSE filed by Defendant KODY H. KINSLEY re 53 MOTION to Dismiss filed by Timothy K. Moore, Philip E. Berger filed by KODY H. KINSLEY. Replies due by 5/12/2023 (WOOD, MICHAEL) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

RECAP
68

RESPONSE in Opposition re 53 MOTION to Dismiss filed by Timothy K. Moore, Philip E. Berger filed by AMY BRYANT, MD. Replies due by 5/12/2023 (COREY, CHELSEA) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

RECAP
69

MOTION for Extension of Time to File Response/Reply as to 67 Response to Motion, 68 Response in Opposition to Motion by Philip E. Berger, Timothy K. Moore. (Attachments: # 1 Text of Proposed Order)(BOYLE, WILLIAM) (Entered: 05/03/2023)

1 Text of Proposed Order

View on PACER

May 3, 2023

May 3, 2023

PACER

Motions Submitted

May 4, 2023

May 4, 2023

PACER

Motion Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: 69 MOTION for Extension of Time to File Response/Reply as to 67 Response to Motion, 68 Response in Opposition to Motion. (Daniel, J)

May 4, 2023

May 4, 2023

PACER
70

ORDER signed by JUDGE WILLIAM L. OSTEEN, JR. on 5/5/2023; that Defendants Berger and Moore's motion for extension of time, (Doc. 69 ), is GRANTED and that the deadline for Defendants to file and serve their reply to Plaintiffs' response, (Doc. 68 ), is extended until May 26, 2023. (Hicks, Samantha) (Entered: 05/05/2023)

May 5, 2023

May 5, 2023

PACER
71

NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL by JEFF NIEMAN. (O'BRIEN, ELIZABETH) Modified on 5/25/2023 to correct title of document (Taylor, Abby). (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

RECAP
72

REPLY, filed by Intervenor Defendants Philip E. Berger, Timothy K. Moore, to Response to 53 MOTION to Dismiss filed by Philip E. Berger, Timothy K. Moore. (BOYLE, WILLIAM) (Entered: 05/26/2023)

May 26, 2023

May 26, 2023

PACER

Motions Submitted

May 30, 2023

May 30, 2023

PACER

Motion Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: 53 MOTION to Dismiss. (Daniel, J)

May 30, 2023

May 30, 2023

PACER
73

MOTION for Leave to File Amended Complaint and to Expedite Supplemental Briefing on Intervenors' Motion to Dismiss by AMY BRYANT, MD. Response to Motion due by 6/23/2023 (Attachments: # 1 Exhibit A - Proposed Amended Complaint, # 2 Exhibit B - Redlined Comparison, # 3 Exhibit C - Session Law, # 4 Text of Proposed Order)(COREY, CHELSEA) (Entered: 06/02/2023)

1 Exhibit A - Proposed Amended Complaint

View on PACER

2 Exhibit B - Redlined Comparison

View on RECAP

3 Exhibit C - Session Law

View on RECAP

4 Text of Proposed Order

View on RECAP

June 2, 2023

June 2, 2023

RECAP
74

NOTICE by Philip E. Berger, Timothy K. Moore of Attorney Withdrawal and Substitution of Counsel (LIPPELMANN, MARK) (Entered: 06/05/2023)

June 5, 2023

June 5, 2023

RECAP
75

NOTICE by JOSHUA H. STEIN re 73 MOTION for Leave to File Amended Complaint and to Expedite Supplemental Briefing on Intervenors' Motion to Dismiss (MAJMUNDAR, AMAR) (Entered: 06/05/2023)

June 5, 2023

June 5, 2023

RECAP
76

NOTICE by JEFF NIEMAN re 73 MOTION for Leave to File Amended Complaint and to Expedite Supplemental Briefing on Intervenors' Motion to Dismiss (O'BRIEN, ELIZABETH) (Entered: 06/06/2023)

June 6, 2023

June 6, 2023

RECAP
77

Consent MOTION to Withdraw as Attorney MARK LIPPELMANN by on behalf of Philip E. Berger, Timothy K. Moore. (Attachments: # 1 Proposed Order)(LIPPELMANN, MARK) (Entered: 06/06/2023)

1 Proposed Order

View on PACER

June 6, 2023

June 6, 2023

PACER

Motions Submitted

June 7, 2023

June 7, 2023

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: Jan. 25, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A North Carolina physician.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of North Carolina, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Supremacy Clause

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Reproductive rights:

Abortion

Criminalization

Facility requirements

Licensing restriction

Mandatory delay

Medication abortion

Patient disclosure requirement

Physician-only abortion laws

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

Telemedicine