Case: Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky v. Labrador

1:23-cv-00142 | U.S. District Court for the District of Idaho

Filed Date: April 5, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about abortion access in Idaho. On March 27, 2023, Idaho Attorney General Raúl Labrador publicized a legal opinion saying that the state's near-total abortion ban, enacted in August 2022, "prohibits an Idaho medical provider from . . . referring a woman across state lines to access abortion services." In response, Planned Parenthood Federation of America, the ACLU, the ACLU of Idaho, and private counsel filed this lawsuit on behalf of Planned Parenthood Great Northwest, Hawaii, A…

This is a case about abortion access in Idaho. On March 27, 2023, Idaho Attorney General Raúl Labrador publicized a legal opinion saying that the state's near-total abortion ban, enacted in August 2022, "prohibits an Idaho medical provider from . . . referring a woman across state lines to access abortion services." In response, Planned Parenthood Federation of America, the ACLU, the ACLU of Idaho, and private counsel filed this lawsuit on behalf of Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky as well as two individual doctors. The lawsuit was filed on April 5, 2023 in the United States District Court for the District of Idaho against Attorney General Labrador, Prosecuting Attorneys in Idaho counties, and the Idaho State Board of Medicine and Idaho State Board of Nursing. The case was assigned to Judge B Lynn Winmill.

In the Complaint, the plaintiffs alleged that the legal opinion was an attempt to bring plainly First Amendment-protected activity within the ambit of the state's abortion ban. They also emphasized that this interpretation depended on the assertion that Idaho law punishes abortions performed outside of Idaho, which they alleged was a clear Due Process and Dormant Commerce Clause violation. Because of this opinion, plaintiff providers ceased having comprehensive conversations with their patients about out-of-state abortion options and no longer provided patients with information about out-of-state resources or recommended to them out-of-state providers who could offer them abortion care. To ensure that they could resume comprehensive care, the plaintiffs sought declaratory and injunctive relief as well as attorneys' fees and costs.

On the same day that the lawsuit was filed, the plaintiffs filed a motion for a temporary restraining order and preliminary injunction. The Court held a hearing on the matter on April 7, 2023. As of April 9, the plaintiffs' motion is still pending before the Court and the case is ongoing.

Summary Authors

Michelle Wolk (4/9/2023)

Documents in the Clearinghouse

Document
1

1:23-cv-00142

Complaint

April 5, 2023

April 5, 2023

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67144040/planned-parenthood-great-northwest-hawaii-alaska-indiana-kentucky-v/

Last updated March 10, 2024, 4:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number BIDDC-2548374.), filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Cover Sheet)(Smith, Colleen)

1 Exhibit 1

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2 Cover Sheet

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April 5, 2023

April 5, 2023

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MOTION for Temporary Restraining Order and Preliminary Injunction filed by Colleen Rosannah Smith appearing for Plaintiffs Caitlin Gustafson, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Darin Weyhrich. Responses due by 4/26/2023 (Attachments: # 1 Memorandum in Support, # 2 Declaration of Rebecca Gibron, # 3 Declaration of Caitlin Gustafson, M.D., # 4 Declaration of Darin L. Weyhrich, M.D.)(Smith, Colleen)

1 Memorandum in Support

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2 Declaration of Rebecca Gibron

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3 Declaration of Caitlin Gustafson, M.D.

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4 Declaration of Darin L. Weyhrich, M.D.

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April 5, 2023

April 5, 2023

PACER
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MOTION FOR PRO HAC VICE APPEARANCE by Andrew Beck. ( Filing fee $ 250 receipt number AIDDC-2548436.)Colleen Rosannah Smith appearing for Plaintiffs Caitlin Gustafson, Darin Weyhrich. Responses due by 4/26/2023 (Smith, Colleen)

April 5, 2023

April 5, 2023

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MOTION FOR PRO HAC VICE APPEARANCE by Meagan Burrows. ( Filing fee $ 250 receipt number AIDDC-2548447.)Colleen Rosannah Smith appearing for Plaintiffs Caitlin Gustafson, Darin Weyhrich. Responses due by 4/26/2023 (Smith, Colleen)

April 5, 2023

April 5, 2023

PACER
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MOTION FOR PRO HAC VICE APPEARANCE by Ryan Mendias. ( Filing fee $ 250 receipt number AIDDC-2548453.)Colleen Rosannah Smith appearing for Plaintiffs Caitlin Gustafson, Darin Weyhrich. Responses due by 4/26/2023 (Smith, Colleen)

April 5, 2023

April 5, 2023

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MOTION FOR PRO HAC VICE APPEARANCE by Scarlet Kim. ( Filing fee $ 250 receipt number AIDDC-2548465.)Colleen Rosannah Smith appearing for Plaintiffs Caitlin Gustafson, Darin Weyhrich. Responses due by 4/26/2023 (Smith, Colleen)

April 5, 2023

April 5, 2023

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MOTION FOR PRO HAC VICE APPEARANCE by Jennifer R. Sandman. ( Filing fee $ 250 receipt number AIDDC-2548470.)Colleen Rosannah Smith appearing for Plaintiff Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky. Responses due by 4/26/2023 (Smith, Colleen)

April 5, 2023

April 5, 2023

PACER
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MOTION FOR PRO HAC VICE APPEARANCE by Catherine P. Humphreville. ( Filing fee $ 250 receipt number AIDDC-2548481.)Colleen Rosannah Smith appearing for Plaintiff Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky. Responses due by 4/26/2023 (Smith, Colleen)

April 5, 2023

April 5, 2023

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MOTION FOR PRO HAC VICE APPEARANCE by Peter Neiman. ( Filing fee $ 250 receipt number AIDDC-2548563.)Colleen Rosannah Smith appearing for Plaintiffs Caitlin Gustafson, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Darin Weyhrich. Responses due by 4/26/2023 (Smith, Colleen)

April 5, 2023

April 5, 2023

PACER
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MOTION FOR PRO HAC VICE APPEARANCE by Alan Shoenfeld. ( Filing fee $ 250 receipt number AIDDC-2548566.)Colleen Rosannah Smith appearing for Plaintiffs Caitlin Gustafson, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Darin Weyhrich. Responses due by 4/26/2023 (Smith, Colleen)

April 5, 2023

April 5, 2023

PACER
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MOTION FOR PRO HAC VICE APPEARANCE by Rachel Craft. ( Filing fee $ 250 receipt number AIDDC-2548568.)Colleen Rosannah Smith appearing for Plaintiffs Caitlin Gustafson, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Darin Weyhrich. Responses due by 4/26/2023 (Smith, Colleen)

April 5, 2023

April 5, 2023

PACER
12

MOTION FOR PRO HAC VICE APPEARANCE by Michelle Diamond. ( Filing fee $ 250 receipt number AIDDC-2548569.)Colleen Rosannah Smith appearing for Plaintiffs Caitlin Gustafson, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Darin Weyhrich. Responses due by 4/26/2023 (Smith, Colleen)

April 5, 2023

April 5, 2023

PACER
13

MOTION FOR PRO HAC VICE APPEARANCE by Katherine Mackey. ( Filing fee $ 250 receipt number AIDDC-2548571.)Colleen Rosannah Smith appearing for Plaintiffs Caitlin Gustafson, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Darin Weyhrich. Responses due by 4/26/2023 (Smith, Colleen)

April 5, 2023

April 5, 2023

PACER
14

Corporate Disclosure Statement by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky. (Smith, Colleen)

April 5, 2023

April 5, 2023

PACER
15

DOCKET ENTRY ORDER APPROVING (DKTs. 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 & 13 ) Motion for Pro Hac Vice Appearance of attorney Scarlet Kim, Andrew Beck,Meagan Burrows,Ryan Mendias,Peter G Neiman,Alan Schoenfeld,Rachel E. Craft,Michelle Nicole Diamond,Katherine V. Mackey, Jennifer R. Sandman,Catherine P. Humphreville,,Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)

April 6, 2023

April 6, 2023

PACER
16

Summons Issued as to All Defendants. (Print attached Summons for service.) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Summons, # 21 Summons, # 22 Summons, # 23 Summons, # 24 Summons, # 25 Summons, # 26 Summons, # 27 Summons, # 28 Summons, # 29 Summons, # 30 Summons, # 31 Summons, # 32 Summons, # 33 Summons, # 34 Summons, # 35 Summons, # 36 Summons, # 37 Summons, # 38 Summons, # 39 Summons, # 40 Summons, # 41 Summons, # 42 Summons, # 43 Summons, # 44 Summons, # 45 Summons, # 46 Summons)(lm)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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43 Summons

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44 Summons

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April 6, 2023

April 6, 2023

PACER
17

REQUEST FOR REASSIGNMENT TO DISTRICT JUDGE AND REASSIGNMENT OF CASE. Case reassigned to Judge B Lynn Winmill for all further proceedings. US Magistrate Judge Debora K Grasham no longer assigned to case. Please use this case number on all future pleadings, 1:23-cv-142-BLW (km)

April 6, 2023

April 6, 2023

PACER
18

DOCKET ENTRY NOTICE of Hearing: A Status Conference set for April 7, 2023 at 1:00 PM in before Judge B Lynn Winmill. A Zoom link will be sent to counsel by separate notice. (hgp)

April 6, 2023

April 6, 2023

PACER
19

NOTICE of Appearance by Lincoln Davis Wilson on behalf of Raul Labrador (Wilson, Lincoln)

April 7, 2023

April 7, 2023

RECAP
20

NOTICE of Appearance by Brian V Church on behalf of Raul Labrador (Church, Brian)

April 7, 2023

April 7, 2023

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NOTICE of Appearance by Timothy Longfield on behalf of Raul Labrador (Longfield, Timothy)

April 7, 2023

April 7, 2023

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22

DOCKET ENTRY NOTICE OF HEARING: A Video Status Conference is set for 4/7/2023 at 1:00 PM mountain time before Judge B Lynn Winmill. Counsel received a video link via separate notification. Members of the public may use the following to attend this matter via Audio ONLY: 1-669-254-5252, Meeting ID: 161 909 6869, Meeting Passcode: 405590. Persons granted remote access to proceedings are reminded of the general prohibition under federal law and Local Rule 83.1 against photographing, recording, and rebroadcasting of court proceedings.(jlg)

April 7, 2023

April 7, 2023

PACER
23

NOTICE of Appearance by M Anthony Sasser on behalf of Rob Wood (Sasser, M)

April 7, 2023

April 7, 2023

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Minute Entry for proceedings held before Judge B Lynn Winmill: A Status Conference was held via Zoom on 4/7/2023. (Court Reporter Tammy Hohenleitner.) (jlg) (Entered: 04/25/2023)

April 7, 2023

April 7, 2023

RECAP

Set Motion and R&R Deadlines/Hearings

April 11, 2023

April 11, 2023

PACER
24

SUMMONS Returned Executed by Darin Weyhrich, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson. Raul Labrador served on 4/6/2023, answer due 4/27/2023. (Smith, Colleen)

April 11, 2023

April 11, 2023

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SUMMONS Returned Executed by Darin Weyhrich, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson. Members of the Idaho State Board of Medicine served on 4/6/2023, answer due 4/27/2023. (Smith, Colleen)

April 11, 2023

April 11, 2023

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SUMMONS Returned Executed by Darin Weyhrich, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson. Idaho State Board of Nursing served on 4/6/2023, answer due 4/27/2023. (Smith, Colleen)

April 11, 2023

April 11, 2023

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WAIVER OF SERVICE Returned Executed by Darin Weyhrich, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson. Andrakay Pluid waiver sent on 4/6/2023, answer due 6/5/2023. (Smith, Colleen)

April 11, 2023

April 11, 2023

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WAIVER OF SERVICE Returned Executed by Darin Weyhrich, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson. McCord Larsen waiver sent on 4/6/2023, answer due 6/5/2023. (Smith, Colleen)

April 11, 2023

April 11, 2023

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WAIVER OF SERVICE Returned Executed by Darin Weyhrich, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson. Jimmy Thomas waiver sent on 4/6/2023, answer due 6/5/2023. (Smith, Colleen)

April 11, 2023

April 11, 2023

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ORDER SETTING EXPEDITED BRIEFING SCHEDULE: Defendants shall respond to the motion for a preliminary injunction (Dkt. 2 ) by April 14, 2023 at 12:00 PM. Plaintiffs shall reply by April 18, 2023 at 12:00 PM. IT IS FURTHER ORDERED that if Defendants wish to pursue an expedited motion to dismiss, they must file the motion by April 14, 2023 at 12:00 PM. Plaintiffs must respond by April 18, 2023 at 12:00 PM. Defendants must reply by April 20, 2023 at 5:00 PM. Signed by Judge B Lynn Winmill. (hgp)

April 11, 2023

April 11, 2023

PACER

Set/Reset Deadlines as to MOTION for Preliminary Injunction (Dkt. 2 ). Responses due by 4/14/2023 at 12:00 PM. Replies due by 4/18/2023 at 12:00 PM.(hgp)

April 11, 2023

April 11, 2023

PACER
31

WAIVER OF SERVICE Returned Executed by Darin Weyhrich, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson. Rob Wood waiver sent on 4/6/2023, answer due 6/5/2023. (Smith, Colleen)

April 11, 2023

April 11, 2023

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DOCKET ENTRY NOTICE OF HEARING regarding 2 MOTION for Preliminary Injunction: A Video Motion Hearing is set for 4/24/2023 at 2:00 PM (Mountain Time) via Zoom before Judge B Lynn Winmill. A Zoom link will be provided prior to the date of the hearing. (jlg)

April 12, 2023

April 12, 2023

PACER
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WAIVER OF SERVICE Returned Executed by Darin Weyhrich, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson. Cody Brower waiver sent on 4/6/2023, answer due 6/5/2023. (Smith, Colleen)

April 13, 2023

April 13, 2023

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WAIVER OF SERVICE Returned Executed by Darin Weyhrich, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson. Steve Stephens waiver sent on 4/6/2023, answer due 6/5/2023. (Smith, Colleen)

April 13, 2023

April 13, 2023

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MOTION for Leave to File Supplemental Declarations in Support of Motion for Preliminary Injunction Colleen Rosannah Smith appearing for Plaintiffs Caitlin Gustafson, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Darin Weyhrich. Responses due by 5/4/2023 (Attachments: # 1 Exhibit 1 - Declaration of Rachel Craft, # 2 Exhibit 2 - Declaration of Rebecca Gibron, # 3 Exhibit 3 - Declaration of Caitlin Gustafson, # 4 Exhibit 4 - Declaration of Darin Weyhrich)(Smith, Colleen)

1 Exhibit 1 - Declaration of Rachel Craft

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2 Exhibit 2 - Declaration of Rebecca Gibron

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3 Exhibit 3 - Declaration of Caitlin Gustafson

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4 Exhibit 4 - Declaration of Darin Weyhrich

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April 13, 2023

April 13, 2023

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AMENDED DOCUMENT by County Prosecuting Attorneys, Raul Labrador. Amended Notice of Appearance for certain county prosecutors and Raul Labrador. (Wilson, Lincoln)

April 13, 2023

April 13, 2023

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AMENDED DOCUMENT by County Prosecuting Attorneys, Raul Labrador. Amended Notice of Appearance for certain county prosecutors and Raul Labrador. (Church, Brian)

April 13, 2023

April 13, 2023

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AMENDED DOCUMENT by County Prosecuting Attorneys, Raul Labrador. Amended Notice of Appearance for certain county prosecutors and Raul Labrador. (Longfield, Timothy)

April 13, 2023

April 13, 2023

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DOCKET ENTRY ORDER: finding good cause exists, the Court will grant Plaintiffs' Motion for Leave to File (Dkt. 35). The Court will further reset the expedited briefing schedule as follow: Defendants' deadline to file a response to Plaintiffs' Motion for Preliminary Injunction and any potential motions to dismiss will be April 14, 2023 at 11:59 PM; Plaintiffs' deadline to file a reply in support of their motion and response to any potential motion to dismiss will be April 18, 2023 at 12:00 PM; Defendants' deadline to file a reply, if applicable, will be April 20, 2023 at 5:00 PM. Signed by Judge B. Lynn Winmill. (eap). (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jap)

April 14, 2023

April 14, 2023

PACER
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NOTICE of Substitution - Attorney Lincoln Davis Wilson for Rob Wood added. Attorney M Anthony Sasser terminated. Request to Leave Noticing ON for this case by Attorney (Wilson, Lincoln)

April 14, 2023

April 14, 2023

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MOTION to Dismiss Lincoln Davis Wilson appearing for Defendants Benjamin Allen, Jan Bennetts, Chris Boyd, Cody Brower, Alex Gross, Raul Labrador, McCord Larsen, Grant Loebs, Trevor Misseldine, Brian Naugle, Andrakay Pluid, Lance Stevenson, Mark Taylor, Jim Thomas, Rob Wood. Responses due by 5/5/2023 (Attachments: # 1 Memorandum in Support)(Wilson, Lincoln)

1 Memorandum in Support

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April 14, 2023

April 14, 2023

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RESPONSE to Motion re 2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by filed by Benjamin Allen, Jan Bennetts, Chris Boyd, Cody Brower, Alex Gross, Raul Labrador, McCord Larsen, Grant Loebs, Trevor Misseldine, Brian Naugle, Andrakay Pluid, Lance Stevenson, Mark Taylor, Jim Thomas, Rob Wood. Replies due by 4/28/2023. (Attachments: # 1 Declaration of Lincoln Davis Wilson, # 2 Exhibit 1 to Wilson Declaration, # 3 Exhibit 2 to Wilson Declaration, # 4 Exhibit 3 to Wilson Declaration)(Wilson, Lincoln)

1 Declaration of Lincoln Davis Wilson

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2 Exhibit 1 to Wilson Declaration

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3 Exhibit 2 to Wilson Declaration

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4 Exhibit 3 to Wilson Declaration

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April 14, 2023

April 14, 2023

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MOTION Motion for Leave to File Overlength Brief re 41 MOTION to Dismiss, 42 Response to Motion,, Lincoln Davis Wilson appearing for Defendants Benjamin Allen, Jan Bennetts, Chris Boyd, Cody Brower, Alex Gross, Raul Labrador, McCord Larsen, Grant Loebs, Trevor Misseldine, Brian Naugle, Andrakay Pluid, Lance Stevenson, Mark Taylor, Jim Thomas, Rob Wood. Responses due by 5/5/2023 (Wilson, Lincoln)

April 14, 2023

April 14, 2023

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DOCKET ENTRY ORDER: good cause appearing, the Defendants' Motion for Leave to File Overlength Brief (Dkt. 43) is hereby GRANTED. Signed by Judge B. Lynn Winmill. (eap). (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jap)

April 16, 2023

April 16, 2023

PACER

Notice of Removal of Attorney From Electronic Notice

April 17, 2023

April 17, 2023

PACER
45

SUMMONS Returned Executed by Darin Weyhrich, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson. Brad Calbo served on 4/12/2023, answer due 5/3/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

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SUMMONS Returned Executed by Darin Weyhrich, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson. Brian Naugle served on 4/12/2023, answer due 5/3/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

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SUMMONS Returned Executed by Darin Weyhrich, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson. Bailey Smith served on 4/13/2023, answer due 5/4/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

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SUMMONS Returned Executed by Darin Weyhrich, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson. Janna Birch served on 4/12/2023, answer due 5/3/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

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SUMMONS Returned Executed by Darin Weyhrich, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson. Grant Loebs served on 4/12/2023, answer due 5/3/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

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SUMMONS Returned Executed by Darin Weyhrich, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson. Lindsey Blake served on 4/12/2023, answer due 5/3/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

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SUMMONS Returned Executed by Darin Weyhrich, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson. Louis E. Marshall served on 4/13/2023, answer due 5/4/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

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SUMMONS Returned Executed by Darin Weyhrich, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson. Lance Stevenson served on 4/12/2023, answer due 5/3/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

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SUMMONS Returned Executed by Darin Weyhrich, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson. Mark Taylor served on 4/12/2023, answer due 5/3/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

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SUMMONS Returned Executed by Darin Weyhrich, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson. Paul Rogers served on 4/13/2023, answer due 5/4/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

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NOTICE TO COURT that counsel M. Anthony Sasser wishes to no longer be noticed electronically on this case as of the date of this notice. (Sasser, M)

April 17, 2023

April 17, 2023

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SUMMONS Returned Executed by Darin Weyhrich, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson. Randy Neal served on 4/12/2023, answer due 5/3/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

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SUMMONS Returned Executed by Darin Weyhrich, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky. Richard Roats served on 4/12/2023, answer due 5/3/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

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SUMMONS Returned Executed by Darin Weyhrich, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson. Stephen Herzog served on 4/13/2023, answer due 5/4/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

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SUMMONS Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. Stanley Mortensen served on 4/12/2023, answer due 5/3/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

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SUMMONS Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. Trevor Misseldine served on 4/12/2023, answer due 5/3/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

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SUMMONS Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. Jan Bennetts served on 4/11/2023, answer due 5/2/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

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SUMMONS Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. Christopher Topmiller served on 4/11/2023, answer due 5/2/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

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SUMMONS Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. Chris Boyd served on 4/11/2023, answer due 5/2/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

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SUMMONS Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. Delton Walker served on 4/11/2023, answer due 5/2/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

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SUMMONS Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. Adam Strong served on 4/11/2023, answer due 5/2/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

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SUMMONS Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. Erick Thomson served on 4/11/2023, answer due 5/2/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

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SUMMONS Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. Bryan Taylor served on 4/11/2023, answer due 5/2/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

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SUMMONS Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. Benjamin Allen served on 4/12/2023, answer due 5/3/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

RECAP
68

SUMMONS Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. E. Clayne Tyler served on 4/13/2023, answer due 5/4/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

RECAP
69

SUMMONS Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. Kirk MacGregor served on 4/13/2023, answer due 5/4/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

RECAP
70

SUMMONS Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. Bill Thompson served on 4/12/2023, answer due 5/3/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

RECAP
71

SUMMONS Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. Shondi Lott served on 4/12/2023, answer due 5/3/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

RECAP
72

SUMMONS Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. Matt Fredback served on 4/14/2023, answer due 5/5/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

RECAP
73

SUMMONS Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. Mariah Dunham served on 4/13/2023, answer due 5/4/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

RECAP
74

SUMMONS Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. Zachary Pall served on 4/13/2023, answer due 5/4/2023. (Smith, Colleen)

April 17, 2023

April 17, 2023

PACER
75

SUMMONS Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. Vic Pearson served on 4/17/2023, answer due 5/8/2023. (Smith, Colleen)

April 18, 2023

April 18, 2023

RECAP
76

SUMMONS Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. Adam McKenzie served on 4/17/2023, answer due 5/8/2023. (Smith, Colleen)

April 18, 2023

April 18, 2023

RECAP
77

SUMMONS Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. S. Doug Wood served on 4/17/2023, answer due 5/8/2023. (Smith, Colleen)

April 18, 2023

April 18, 2023

RECAP
78

SUMMONS Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. Justin Coleman served on 4/13/2023, answer due 5/4/2023. (Smith, Colleen)

April 18, 2023

April 18, 2023

RECAP
79

SUMMONS Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. Paul Withers served on 4/14/2023, answer due 5/5/2023. (Smith, Colleen)

April 18, 2023

April 18, 2023

RECAP
80

SUMMONS Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. Jason Mackrill served on 4/18/2023, answer due 5/9/2023. (Smith, Colleen)

April 18, 2023

April 18, 2023

RECAP
81

MEMORANDUM in Support re 2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by and in Opposition to 41 Motion to Dismiss filed by Caitlin Gustafson, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Darin Weyhrich. (Attachments: # 1 Exhibit A - Declaration of Rachel E. Craft)(Smith, Colleen)

1 Exhibit A - Declaration of Rachel E. Craft

View on RECAP

April 18, 2023

April 18, 2023

RECAP
82

SUMMONS Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. Mike Duke served on 4/17/2023, answer due 5/8/2023. (Smith, Colleen)

April 18, 2023

April 18, 2023

RECAP
83

WAIVER OF SERVICE Returned Executed by Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Caitlin Gustafson, Darin Weyhrich. Justin Oleson waiver sent on 4/19/2023, answer due 6/19/2023. (Smith, Colleen)

April 19, 2023

April 19, 2023

RECAP
84

NOTICE by Caitlin Gustafson, Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, Darin Weyhrich re 81 Memorandum in Support of Motion, of Errata (Attachments: # 1 Attachment 1 - Corrected Combined Memorandum in Opposition to Certain Defendants' Motion to Dismiss and Reply in Support of Plaintiffs' Motion for Preliminary Injunction)(Smith, Colleen)

1 Attachment 1 - Corrected Combined Memorandum in Opposition to Certain Defendant

View on RECAP

April 19, 2023

April 19, 2023

PACER
85

REPLY to Response to Motion re 41 MOTION to Dismiss filed by Benjamin Allen, Jan Bennetts, Chris Boyd, Cody Brower, Alex Gross, Raul Labrador, McCord Larsen, Grant Loebs, Trevor Misseldine, Brian Naugle, Andrakay Pluid, Lance Stevenson, Mark Taylor, Jim Thomas, Rob Wood.Motion Ripe Deadline set for 4/21/2023. (Attachments: # 1 Affidavit Second Declaration of Lincoln Wilson, # 2 Exhibit Exhibit 4)(Wilson, Lincoln)

1 Affidavit Second Declaration of Lincoln Wilson

View on PACER

2 Exhibit Exhibit 4

View on PACER

April 20, 2023

April 20, 2023

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86

MOTION to File Amicus Brief in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction and Opposition to Defendants' Motion to Dismiss Wendy Olson appearing for Amicus St. Luke's Health System Ltd.. Responses due by 5/12/2023 (Attachments: # 1 Exhibit A - Proposed Amicus Curiae Brief)(Olson, Wendy)

1 Exhibit A - Proposed Amicus Curiae Brief

View on RECAP

April 21, 2023

April 21, 2023

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87

DOCKET ENTRY NOTICE OF HEARING regarding 2 Motion for Preliminary Injunction: A Video Motion Hearing is set for 4/24/2023 at 2:00 PM (Mountain Time) via Zoom before Judge B Lynn Winmill. Counsel received a video link via separate notification. Members of the public may use the following to attend this matter via Audio ONLY: 1-669-254-5252, Meeting ID: 161 127 3561, Meeting Passcode: 709338. Persons granted remote access to proceedings are reminded of the general prohibition under federal law and Local Rule 83.1 against photographing, recording, and rebroadcasting of court proceedings.(jlg)

April 21, 2023

April 21, 2023

PACER
88

RESPONSE to Motion re 86 MOTION to File Amicus Brief in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction and Opposition to Defendants' Motion to Dismiss filed by Benjamin Allen, Jan Bennetts, Chris Boyd, Cody Brower, Alex Gross, Raul Labrador, McCord Larsen, Grant Loebs, Trevor Misseldine, Brian Naugle, Andrakay Pluid, Lance Stevenson, Mark Taylor, Jim Thomas, Rob Wood. Replies due by 5/5/2023.(Wilson, Lincoln)

April 21, 2023

April 21, 2023

RECAP
89

NOTICE of Appearance by Lincoln Davis Wilson on behalf of County Prosecuting Attorneys (Wilson, Lincoln)

April 21, 2023

April 21, 2023

RECAP
90

NOTICE of Appearance by Brian V Church on behalf of County Prosecuting Attorneys (Church, Brian)

April 21, 2023

April 21, 2023

RECAP
91

NOTICE of Appearance by Timothy Longfield on behalf of County Prosecuting Attorneys (Longfield, Timothy)

April 21, 2023

April 21, 2023

RECAP
92

ERRATA by Amicus St. Luke's Health System Ltd. re 86 MOTION to File Amicus Brief in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction and Opposition to Defendants' Motion to Dismiss . (Attachments: # 1 Exhibit A - Proposed Amicus Curiae Brief)(Olson, Wendy)

1 Exhibit A - Proposed Amicus Curiae Brief

View on RECAP

April 21, 2023

April 21, 2023

RECAP
93

MOTION FOR PRO HAC VICE APPEARANCE by Peter B. Gonick. ( Filing fee $ 250 receipt number AIDDC-2556592.)Peter Gonick appearing for Amicus Peter B Gonick. Responses due by 5/12/2023 (Gonick, Peter)

April 21, 2023

April 21, 2023

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94

MOTION for Leave to File Amici Curiae Brief on behalf of the States of Washington, Arizona, California, Colorado, Delaware, Hawaii, Illinois, Maine, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, and the District of Columbia Peter Gonick appearing for Amicus Peter B Gonick. Responses due by 5/12/2023 (Gonick, Peter)

April 21, 2023

April 21, 2023

RECAP
95

MOTION to File Amicus Brief on behalf of the States of Washington, Arizona, California, Colorado, Delaware, Hawaii, Illinois, Maine, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, and the District of Columbia Peter Gonick appearing for Amicus Peter B Gonick. Responses due by 5/12/2023 (Gonick, Peter)

April 21, 2023

April 21, 2023

RECAP

Case Details

State / Territory: Idaho

Case Type(s):

Reproductive Issues

Speech and Religious Freedom

Key Dates

Filing Date: April 5, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky and two individual doctors

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Idaho, 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):

Due Process

Right to travel

Commerce Power

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Freedom of speech/association

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:

Complete abortion ban

Criminalization

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

Abortion

General:

Counseling

Type of Facility:

Non-government non-profit