Case: Davis v. Sharp

1:22-cv-00373 | U.S. District Court for the Western District of Texas

Filed Date: April 19, 2022

Closed Date: Feb. 16, 2023

Clearinghouse coding complete

Case Summary

On April 19, 2022, an abortion fund and private individuals who sought to donate money to abortion funds filed a complaint in the U.S. District Court for the Western District of Texas against a Texas state representative and three of the state’s private residents who were deputized with enforcing a criminal abortion ban (S.B. 8) known as the Texas Heartbeat Act. The Heartbeat Act (or "the Act") banned abortion beginning at approximately six weeks of pregnancy, as measured from the first day of …

On April 19, 2022, an abortion fund and private individuals who sought to donate money to abortion funds filed a complaint in the U.S. District Court for the Western District of Texas against a Texas state representative and three of the state’s private residents who were deputized with enforcing a criminal abortion ban (S.B. 8) known as the Texas Heartbeat Act. The Heartbeat Act (or "the Act") banned abortion beginning at approximately six weeks of pregnancy, as measured from the first day of a patient’s last menstrual period. It also authorized private civil-enforcement suits against anyone who performed or “aid[ed] or abet[ted]” a post-heartbeat abortion. The Act prohibited enforcement by public officials, leaving enforcement entirely in the hands of private citizens. The plaintiffs, represented by the Lawyering Project, alleged that the Heartbeat Act was unconstitutional, violating the Due Process Clause of the 14th Amendment and the First Amendment’s freedom of expressive association. Plaintiffs further claimed that the Heartbeat Act could not be enforced under the Supremacy Clause because abortion bans were unconstitutional under Roe v. Wade. Ultimately, the plaintiffs sought declaratory relief that the Act was unconstitutional and unenforceable. The case was assigned to Judge Robert Pitman. 

Plaintiffs filed a motion for summary judgment on April 27, 2022. Defendants then filed a motion to defer consideration of the plaintiffs’ motion, arguing that it was premature, or in the alternative to deny summary judgment because of a lack of Article III standing. On May 31, 2022, Judge Pitman denied the defendants’ request, ordering them to instead reply to plaintiffs’ motion for summary judgment. Defendants filed a motion to dismiss on May 31, 2022 for lack of subject-matter jurisdiction, lack of venue, and failure to state a claim.

On July 12, 2022, following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and eliminated the constitutional right to an abortion, the plaintiffs withdrew their motion for summary judgment. The plaintiffs filed an amended complaint on August 25, 2022 alleging that S.B. 8 violated (a) 14th Amendment’s procedural due process by imposing excessive and mandatory penalties, (b) the equal protection clause by singling out people who provided or facilitated access to abortion care, and (c) the First Amendment’s free speech and association provisions by threatening to chill both speech about abortion and abortion funds' relationships with their donors, employees, and volunteers. The amended complaint also removed the Texas state representative as a defendant, leaving only the private citizens. 

Given the amended complaint, the defendants’ prior motion to dismiss was mooted. The defendants filed a new motion to dismiss for lack of subject matter jurisdiction and lack of venue on September 8, 2022.

On February 15, 2023, Judge Pitman granted the defendants’ motion to dismiss. Judge Pitman concluded that the plaintiffs lacked standing to sue because they did not articulate a credible, imminent threat that could be attributed to the defendants. Judge Pitman rejected the plaintiffs’ argument that the defendants’ statements declaring their intent and “concrete steps” to sue Texas abortion funds constituted such a threat, for the statement and steps taken were directed toward abortion funds not party to the lawsuit. 656 F.Supp.3d 687. As a result, the court entered final judgment in favor of the defendants and closed the case on February 16, 2023. 

Summary Authors

Kavitha Babu (2/20/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63248109/parties/davis-v-sharp/


Judge(s)

Pitman, Robert Lee (Texas)

Attorney for Plaintiff

Meyers, Hilarie M. (Texas)

Pellegrini, Tanya G. (Texas)

Rodriguez, Juanluis (Texas)

Attorney for Defendant

Mitchell, Jonathan F. (Texas)

show all people

Documents in the Clearinghouse

Document
1

1:22-cv-00373

Complaint

April 19, 2022

April 19, 2022

Complaint
62

1:22-cv-00373

First Amended Complaint

Aug. 25, 2022

Aug. 25, 2022

Complaint
83

1:22-cv-00373

Order

Feb. 15, 2023

Feb. 15, 2023

Order/Opinion

656 F.Supp.3d 687

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63248109/davis-v-sharp/

Last updated Aug. 10, 2025, 1:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( Filing fee $ 402 receipt number 0542-15941634), filed by Sean Mehl, Marva Sadler, Wendy Davis, Stigma Relief Fund. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 - SB 8 Act, # 3 Exhibit 2 -Rule 202 Petition_Lilith Fund (Redacted), # 4 Exhibit 3 -Rule 202 Petition_TEA Fund (Redacted), # 5 Exhibit 4 - SB 8 Tweets, # 6 Exhibit 5 - February 23rd Tweet, # 7 Exhibit 6 - Cain Press Release, # 8 Exhibit 7 - Cain March 29th Letter, # 9 Exhibit 8 - Cain March 30th Tweet)(Toti, Stephanie) (Entered: 04/19/2022)

1 Civil Cover Sheet

View on RECAP

2 Exhibit 1 - SB 8 Act

View on RECAP

3 Exhibit 2 -Rule 202 Petition_Lilith Fund (Redacted)

View on RECAP

4 Exhibit 3 -Rule 202 Petition_TEA Fund (Redacted)

View on RECAP

5 Exhibit 4 - SB 8 Tweets

View on RECAP

6 Exhibit 5 - February 23rd Tweet

View on RECAP

7 Exhibit 6 - Cain Press Release

View on RECAP

8 Exhibit 7 - Cain March 29th Letter

View on RECAP

9 Exhibit 8 - Cain March 30th Tweet

View on RECAP

April 19, 2022

April 19, 2022

RECAP
2

REQUEST FOR ISSUANCE OF SUMMONS by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Toti, Stephanie) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

PACER
3

RULE 7 DISCLOSURE STATEMENT filed by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Toti, Stephanie) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

PACER
4

NOTICE of Attorney Appearance by Stephanie Toti on behalf of Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund (Toti, Stephanie) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

PACER

Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (rn)

April 19, 2022

April 19, 2022

PACER

If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane (rn)

April 19, 2022

April 19, 2022

PACER
9

Summons Issued as to All Defendants. (rn) (Entered: 04/20/2022)

April 19, 2022

April 19, 2022

PACER
5

MOTION to Appear Pro Hac Vice by Stephanie Toti On Behalf Of Rupali Sharma ( Filing fee $ 100 receipt number 0542-15944809) by on behalf of Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Toti, Stephanie) (Entered: 04/20/2022)

April 20, 2022

April 20, 2022

PACER
6

MOTION to Appear Pro Hac Vice by Stephanie Toti On Behalf of Tanya Pellegrini ( Filing fee $ 100 receipt number 0542-15945162) by on behalf of Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Toti, Stephanie) (Entered: 04/20/2022)

April 20, 2022

April 20, 2022

PACER
7

MOTION to Appear Pro Hac Vice by Stephanie Toti for Sneha Shah ( Filing fee $ 100 receipt number 0542-15945204) by on behalf of Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Toti, Stephanie) (Entered: 04/20/2022)

April 20, 2022

April 20, 2022

PACER
8

MOTION to Appear Pro Hac Vice by Stephanie Toti for Juanluis Rodriguez ( Filing fee $ 100 receipt number 0542-15945306) by on behalf of Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Toti, Stephanie) (Entered: 04/20/2022)

April 20, 2022

April 20, 2022

PACER
10

NOTICE of Attorney Appearance by Melissa C Shube on behalf of Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. Attorney Melissa C Shube added to party Wendy Davis(pty:pla), Attorney Melissa C Shube added to party Sean Mehl(pty:pla), Attorney Melissa C Shube added to party Marva Sadler(pty:pla), Attorney Melissa C Shube added to party Stigma Relief Fund(pty:pla) (Shube, Melissa) (Entered: 04/20/2022)

April 20, 2022

April 20, 2022

PACER

Case Assigned/Reassigned

April 20, 2022

April 20, 2022

PACER

To be Referred to AU Mag Judge

April 20, 2022

April 20, 2022

PACER

Text Order GRANTING 5 Motion to Appear Pro Hac Vice by attorney Rupali Sharma. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg)

April 21, 2022

April 21, 2022

PACER

Text Order GRANTING 6 Motion to Appear Pro Hac Vice by attorney Tanya Pellegrini. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg)

April 21, 2022

April 21, 2022

PACER

Text Order GRANTING 7 Motion to Appear Pro Hac Vice by attorney Sneha Shah. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg)

April 21, 2022

April 21, 2022

PACER

Text Order GRANTING 8 Motion to Appear Pro Hac Vice by attorney Juanluis Rodriguez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg)

April 21, 2022

April 21, 2022

PACER

Order on Motion to Appear Pro Hac Vice

April 21, 2022

April 21, 2022

PACER
11

NOTICE of Attorney Appearance by Jonathan F. Mitchell on behalf of Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. Attorney Jonathan F. Mitchell added to party Briscoe Rowell Cain, III(pty:dft), Attorney Jonathan F. Mitchell added to party Ashley Maxwell(pty:dft), Attorney Jonathan F. Mitchell added to party Mistie Sharp(pty:dft), Attorney Jonathan F. Mitchell added to party Sadie Weldon(pty:dft) (Mitchell, Jonathan) (Entered: 04/23/2022)

April 23, 2022

April 23, 2022

PACER
12

DEFICIENCY NOTICE to Jonathan Mitchell: re 11 Notice of Appearance. Certificate of service reflects service via CM/ECF. Not all parties have made an appearance (Vandenberg-Rodes) and is unable to receive e-notices. Please file an Amended Certificate of Service as a SEPARATE PLEADING. Use the "Certificate of Service" event under the "Service of Process" menu. State parties served by CM/ECF and the alternate means of service to parties who have not appeared. (klw) (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER
13

SUMMONS Returned Executed by Sean Mehl, Marva Sadler, Wendy Davis, Stigma Relief Fund. Sadie Weldon served on 4/21/2022, answer due 5/12/2022. (Toti, Stephanie) (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER
14

SUMMONS Returned Executed by Sean Mehl, Marva Sadler, Wendy Davis, Stigma Relief Fund. Ashley Maxwell served on 4/21/2022, answer due 5/12/2022. (Toti, Stephanie) (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER
15

MOTION for Leave to Exceed Page Limitation for Plaintiffs' Summary Judgment Motion by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Attachments: # 1 Proposed Order on Plaintiffs' Motion to Exceed Page Limit, # 2 Memo in Support of Plaintiffs' Motion for Summary Judgment, # 3 Affidavit Davis Declaration, # 4 Exhibit A to Davis Declaration, # 5 Exhibit B to Davis Declaration, # 6 Affidavit Sadler Declaration, # 7 Affidavit Mehl Declaration, # 8 Exhibit A to Mehl Declaration, # 9 Exhibit B to Mehl Declaration, # 10 Exhibit C to Mehl Declaration, # 11 Exhibit D to Mehl Declaration, # 12 Exhibit E to Mehl Declaration, # 13 Exhibit F to Mehl Declaration, # 14 Exhibit G to Mehl Declaration, # 15 Exhibit H to Mehl Declaration, # 16 Exhibit I to Mehl Declaration, # 17 Affidavit Cowett Declaration, # 18 Exhibit A to Cowett Declaration)(Toti, Stephanie) (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER
16

NOTICE of Constitutional Question by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund re 1 Complaint,, (Toti, Stephanie) (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER
17

Notice of Appearance containing the AMENDED CERTIFICATE OF SERVICE by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon 11 Notice of Appearance, (Mitchell, Jonathan) Modified on 4/25/2022 to clarify text (klw). (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER
18

Response in Opposition to Motion, filed by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon, re 15 MOTION for Leave to Exceed Page Limitation for Plaintiffs' Summary Judgment Motion filed by Plaintiff Marva Sadler, Plaintiff Wendy Davis, Plaintiff Stigma Relief Fund, Plaintiff Sean Mehl (Mitchell, Jonathan) (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER
19

REPLY in Support, filed by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund, re 15 MOTION for Leave to Exceed Page Limitation for Plaintiffs' Summary Judgment Motion filed by Plaintiff Marva Sadler, Plaintiff Wendy Davis, Plaintiff Stigma Relief Fund, Plaintiff Sean Mehl (Toti, Stephanie) (Entered: 04/26/2022)

April 26, 2022

April 26, 2022

PACER
20

NOTICE of Attorney Appearance by Dorian Vandenberg-Rodes on behalf of Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. Attorney Dorian Vandenberg-Rodes added to party Wendy Davis(pty:pla), Attorney Dorian Vandenberg-Rodes added to party Sean Mehl(pty:pla), Attorney Dorian Vandenberg-Rodes added to party Marva Sadler(pty:pla), Attorney Dorian Vandenberg-Rodes added to party Stigma Relief Fund(pty:pla) (Vandenberg-Rodes, Dorian) (Entered: 04/26/2022)

April 26, 2022

April 26, 2022

RECAP
21

SUMMONS Returned Executed by Sean Mehl, Marva Sadler, Wendy Davis, Stigma Relief Fund. Mistie Sharp served on 4/22/2022, answer due 5/13/2022. (Toti, Stephanie) (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

PACER
22

SUMMONS Returned Executed by Sean Mehl, Marva Sadler, Wendy Davis, Stigma Relief Fund. Briscoe Rowell Cain, III served on 4/25/2022, answer due 5/16/2022. (Toti, Stephanie) (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

PACER
23

ORDER GRANTING 15 Motion for Leave to Exceed Page Limits. Signed by Judge Robert Pitman. (jv2) (Entered: 04/28/2022)

April 27, 2022

April 27, 2022

PACER
24

WITHDRAWN pursuant to the Court's Text Order entered 09/20/2022 MOTION for Summary Judgment and Memorandum in Support by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Attachments: # 1 Declaration of Wendy Davis, # 2 Exhibit A to Davis Declaration, # 3 Exhbiit B to Davis Declaration, # 4 Declaration of Marva Sadler, # 5 Declaration of Sean Mehl, # 6 Exhibit A to Mehl Declaration, # 7 Exhibit B to Mehl Declaration, # 8 Exhibit C to Mehl Declaration, # 9 Exhibit D to Mehl Declaration, # 10 Exhibit E to Mehl Declaration, # 11 Exhibit F to Mehl Declaration, # 12 Exhibit G to Mehl Declaration, # 13 Exhibit H to Mehl Declaration, # 14 Exhibit I to Mehl Declaration, # 15 Declaration of Allison Cowett, # 16 Exhbit A to Cowett Declaration)(jv2) Modified on 4/28/2022 (jv2). Modified on 9/20/2022 (jv2). (Entered: 04/28/2022)

1 Declaration of Wendy Davis

View on PACER

2 Exhibit A to Davis Declaration

View on PACER

3 Exhbiit B to Davis Declaration

View on PACER

4 Declaration of Marva Sadler

View on PACER

5 Declaration of Sean Mehl

View on PACER

6 Exhibit A to Mehl Declaration

View on PACER

7 Exhibit B to Mehl Declaration

View on PACER

8 Exhibit C to Mehl Declaration

View on PACER

9 Exhibit D to Mehl Declaration

View on PACER

10 Exhibit E to Mehl Declaration

View on PACER

11 Exhibit F to Mehl Declaration

View on PACER

12 Exhibit G to Mehl Declaration

View on PACER

13 Exhibit H to Mehl Declaration

View on PACER

14 Exhibit I to Mehl Declaration

View on PACER

15 Declaration of Cowett

View on PACER

16 Exhbit A to Cowett Declaration

View on PACER

April 27, 2022

April 27, 2022

RECAP
25

Opposed MOTION to Defer Consideration of Plaintiffs' Motion for Summary Judgment or, in the alternative, to Summarily Deny re 24 MOTION for Summary Judgment by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Mitchell, Jonathan) (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

PACER
26

Opposed MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Summary Judgment by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. (Attachments: # 1 Proposed Order)(Mitchell, Jonathan) (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

PACER
27

Unopposed MOTION for Extension of Time to File Answer by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. (Attachments: # 1 Proposed Order)(Mitchell, Jonathan) (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

PACER

Text Order GRANTING 27 Motion for Extension of Time to Answer entered by Judge Robert Pitman. In light of the lack of opposition, IT IS ORDERED that Defendants shall answer or otherwise respond to the complaint on or before Thursday, May 26, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jalc)

May 10, 2022

May 10, 2022

PACER

Set/Reset Deadlines: All Defendants answerdue 05/26/2022. (jv2)

May 10, 2022

May 10, 2022

PACER

Order on Motion for Extension of Time to Answer

May 10, 2022

May 10, 2022

PACER

Set/Reset Answer Deadline

May 10, 2022

May 10, 2022

PACER
28

Response in Opposition to Motion, filed by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund, re 26 Opposed MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Summary Judgment filed by Defendant Ashley Maxwell, Defendant Mistie Sharp, Defendant Briscoe Rowell Cain, III, Defendant Sadie Weldon (Sharma, Rupali) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

PACER
29

Response in Opposition to Motion, filed by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund, re 25 Opposed MOTION to Defer Consideration of Plaintiffs' Motion for Summary Judgment or, in the alternative, to Summarily Deny re 24 MOTION for Summary Judgment filed by Defendant Ashley Maxwell, Defendant Mistie Sharp, Defendant Briscoe Rowell Cain, III, Defendant Sadie Weldon (Sharma, Rupali) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

PACER
30

NOTICE to the Court by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon (Mitchell, Jonathan) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

PACER
31

RESPONSE to 30 Notice (Other) by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Sharma, Rupali) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

PACER
32

REPLY to 31 Response by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. (Mitchell, Jonathan) Modified on 5/12/2022 to match pleading title (cc3). (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

PACER
33

REPLY to Response to Motion, filed by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon, re 25 Opposed MOTION to Defer Consideration of Plaintiffs' Motion for Summary Judgment or, in the alternative, to Summarily Deny re 24 MOTION for Summary Judgment filed by Defendant Ashley Maxwell, Defendant Mistie Sharp, Defendant Briscoe Rowell Cain, III, Defendant Sadie Weldon (Mitchell, Jonathan) (Entered: 05/18/2022)

May 18, 2022

May 18, 2022

PACER
34

REPLY to Response to Motion, filed by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon, re 26 Opposed MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Summary Judgment filed by Defendant Ashley Maxwell, Defendant Mistie Sharp, Defendant Briscoe Rowell Cain, III, Defendant Sadie Weldon (Mitchell, Jonathan) (Entered: 05/18/2022)

May 18, 2022

May 18, 2022

PACER

Text Order DENYING 25 Motion entered by Judge Robert Pitman. For lack of good cause shown, IT IS ORDERED that Defendants' Motion to Defer Consideration of Plaintiffs' Motion for Summary Judgment or, in the alternative, to Summarily Deny the Motion for Summary Judgment, (Dkt. 25), IS DENIED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jalc)

May 24, 2022

May 24, 2022

PACER

Text Order MOOTING 26 Motion for Extension of Time to File Response/Reply entered by Judge Robert Pitman. In light of the Court's order denying the Motion to Defer Consideration of Plaintiffs' Motion for Summary Judgment, (Text Order, 5/24/2022), IT IS ORDERED that the Motion for Extension of Time, (Dkt. 26), is MOOT. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jalc)

May 24, 2022

May 24, 2022

PACER

Order on Motion for Miscellaneous Relief

May 24, 2022

May 24, 2022

PACER

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

May 24, 2022

May 24, 2022

PACER
35

STIPULATION by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Toti, Stephanie) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
36

Unopposed MOTION for Extension of Time to File Answer by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. (Attachments: # 1 Proposed Order)(Mitchell, Jonathan) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
37

ORDER for defendants to respond to the motion for summary judgment on or before June 10, 2022. Signed by Judge Robert Pitman. (cc3) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

RECAP

Text Order GRANTING 36 Motion for Extension of Time to Answer entered by Judge Robert Pitman. In light of the lack of opposition, IT IS ORDERED that Defendants shall file their answer or otherwise respond to the complaint on or before May 31, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jalc)

May 31, 2022

May 31, 2022

PACER
38

Unopposed MOTION for Leave to Exceed Page Limitation by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. (Attachments: # 1 Proposed Order)(Mitchell, Jonathan) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
39

MOTION to Dismiss for Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Venue by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Proposed Order)(Mitchell, Jonathan) (Entered: 05/31/2022)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

3 Affidavit

View on PACER

4 Affidavit

View on PACER

5 Affidavit

View on PACER

6 Affidavit

View on PACER

7 Proposed Order

View on PACER

May 31, 2022

May 31, 2022

RECAP

Set/Reset Deadlines: All Defendants' answers due 5/31/2022. (jv2)

May 31, 2022

May 31, 2022

PACER

Order on Motion for Extension of Time to Answer

May 31, 2022

May 31, 2022

PACER

Notice of Correction: re 38 Unopposed MOTION for Leave to Exceed Page Limitation, 39 MOTION to Dismiss for Lack of Jurisdiction. As of 7/28/20 when filing a motion for leave to exceed page limitations in the Austin Division, the document that exceeds the page limit should be attached to the motion along with a proposed order, and should not be filed as a separate docket event. No further action is needed at this time. Please note this information for future filing purposes. (jv2)

June 1, 2022

June 1, 2022

PACER

Set/Reset Answer Deadline

June 1, 2022

June 1, 2022

PACER

Notice of Correction

June 1, 2022

June 1, 2022

PACER

Text Order GRANTING 38 Motion for Leave to File Excess Pages entered by Judge Robert Pitman. In light of the lack of opposition, IT IS ORDERED that the motion for leave to file excess pages is GRANTED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jalc)

June 2, 2022

June 2, 2022

PACER

Order on Motion for Leave to File Excess Pages

June 2, 2022

June 2, 2022

PACER
40

Unopposed MOTION for Extension of Time to File Response/Reply In Opposition To Defendants' Motion to Dismiss by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Attachments: # 1 Proposed Order)(Sharma, Rupali) (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

PACER

Text Order GRANTING 40 Motion for Extension of Time to File Response/Reply entered by Judge Robert Pitman. In light of the lack of opposition, IT IS ORDERED that Plaintiffs shall file their response to the motion to dismiss on or before June 21, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jalc)

June 6, 2022

June 6, 2022

PACER
41

Opposed Motion for Reconsideration (filed as and titled Opposed Motion to Stay Summary-Judgment Briefing Schedule by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order)(Mitchell, Jonathan) Modified on 6/8/2022 to change motion event and docket text pursuant to chamber's instructions. (jv2). (Entered: 06/06/2022)

1 Affidavit

View on PACER

2 Exhibit

View on PACER

3 Proposed Order

View on PACER

June 6, 2022

June 6, 2022

RECAP

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

June 6, 2022

June 6, 2022

PACER
42

Response in Opposition to Motion, filed by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund, re 41 Opposed MOTION to Stay Summary-Judgment Briefing Schedule filed by Defendant Ashley Maxwell, Defendant Mistie Sharp, Defendant Briscoe Rowell Cain, III, Defendant Sadie Weldon (Attachments: # 1 Exhibit 1 -Order Denying Petition for Writ of Mandamus)(Sharma, Rupali) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
43

REPLY to Response to Motion, filed by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon, re 41 Opposed MOTION to Stay Summary-Judgment Briefing Schedule filed by Defendant Ashley Maxwell, Defendant Mistie Sharp, Defendant Briscoe Rowell Cain, III, Defendant Sadie Weldon (Mitchell, Jonathan) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
44

Opposed MOTION to Expedite Consideration of Motion to Stay Summary-Judgment Briefing Schedule by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. (Mitchell, Jonathan) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

RECAP

Text Order DENYING 41 Motion for Reconsideration entered by Judge Robert Pitman. For lack of good cause shown, IT IS ORDERED that the Motion for Reconsideration of the Summary Judgment Briefing Schedule, (Dkt. 41), is DENIED. However, in light of the nearness of the Court's earlier deadline, IT IS FURTHER ORDERED that Defendants shall respond to the Motion for Summary Judgment, (Dkt. 24), on or before June 17, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jalc)

June 8, 2022

June 8, 2022

PACER

Text Order MOOTING 44 Motion to Expedite entered by Judge Robert Pitman. In light of the Court's ruling on the Motion for Reconsideration, (Text Order, 6/8/2022), IT IS ORDERED that the Motion to Expedite, (Dkt. 44), is MOOT. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jalc)

June 8, 2022

June 8, 2022

PACER

Order on Motion for Reconsideration

June 8, 2022

June 8, 2022

PACER

Order on Motion to Expedite

June 8, 2022

June 8, 2022

PACER
45

MOTION to Appear Pro Hac Vice by Rupali Sharma for Hilarie M. Meyers ( Filing fee $ 100 receipt number 0542-16128705) by on behalf of Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Sharma, Rupali) (Entered: 06/10/2022)

June 10, 2022

June 10, 2022

PACER
46

ORDER GRANTING 45 Motion to Appear Pro Hac Vice for Attorney Hilarie M. Meyers for Wendy Davis,Hilarie M. Meyers for Sean Mehl,Hilarie M. Meyers for Marva Sadler,Hilarie M. Meyers for Stigma Relief Fund. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Robert Pitman. (jv2) (Entered: 06/14/2022)

June 14, 2022

June 14, 2022

PACER
47

Response in Opposition to Motion, filed by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon, re 24 MOTION for Summary Judgment filed by Plaintiff Marva Sadler, Plaintiff Wendy Davis, Plaintiff Stigma Relief Fund, Plaintiff Sean Mehl (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Mitchell, Jonathan) (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER
48

Unopposed MOTION for Leave to Exceed Page Limitation by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Mitchell, Jonathan) (Entered: 06/18/2022)

June 18, 2022

June 18, 2022

PACER

Text Order GRANTING 48 Motion for Leave to File Excess Pages entered by Judge Robert Pitman. In light of the lack of opposition, IT IS ORDERED that Defendants' motion for leave to file excess pages is GRANTED. No further action need be taken at this time. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jalc)

June 20, 2022

June 20, 2022

PACER

Notice of Correction: re 47 Response in Opposition to Motion, 48 Unopposed MOTION for Leave to Exceed Page Limitation. Please take note for future filing purposes that when seeking leave to file a document that exceeds pages limits, that document should be filed as an attachment to a motion for leave to exceed page limitations, and should NOT be filed as a separate docket event. The document exceeding page limits will be added to the docket by the Clerks Office if the Court grants the motion for leave.

June 21, 2022

June 21, 2022

PACER
49

Unopposed MOTION for Leave to Exceed Page Limitation for Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Attachments: # 1 Exhibit A - Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss, # 2 Proposed Order)(Sharma, Rupali) (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

PACER

Order on Motion for Leave to File Excess Pages

June 21, 2022

June 21, 2022

PACER

Notice of Correction

June 21, 2022

June 21, 2022

PACER
50

Unopposed MOTION for Leave to Exceed Page Limitation For Plaintiffs' Reply in Support of Motion for Summary Judgment by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Attachments: # 1 Exhibit A - Plaintiffs' Reply in Support of Motion for Summary Judgment, # 2 Proposed Order)(Sharma, Rupali) (Entered: 06/24/2022)

June 24, 2022

June 24, 2022

PACER
51

ANSWER to 1 Complaint,, by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. (Attachments: # 1 Exhibit)(Mitchell, Jonathan) (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

PACER
52

Unopposed MOTION for Extension of Time to File Response/Reply as to 39 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Venue by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. (Attachments: # 1 Proposed Order)(Mitchell, Jonathan) (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

PACER

Text Order GRANTING 52 Unopposed Motion for Extension of Time to File Response/Reply entered by Judge Robert Pitman. IT IS ORDERED that Defendants shall file their reply, if any, on or before July 12, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh)

June 28, 2022

June 28, 2022

PACER

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

June 28, 2022

June 28, 2022

PACER

Text Order GRANTING 49 Motion for Leave to File Excess Pages entered by Judge Robert Pitman. For good cause shown, IT IS ORDERED that the Clerk of the Court shall file Plaintiffs Response in Opposition to Defendants Motion to Dismiss, (Dkt. 49-1). (This is a text-only entry generated by the court. There is no document associated with this entry.) (jalc)

July 1, 2022

July 1, 2022

PACER

Text Order GRANTING 50 Motion for Leave to File Excess Pages entered by Judge Robert Pitman. For good cause shown, IT IS ORDERED that the Clerk of the Court shall file Plaintiffs Reply in Support of Motion for Summary Judgment, (Dkt. 50-1). (This is a text-only entry generated by the court. There is no document associated with this entry.) (jalc)

July 1, 2022

July 1, 2022

PACER
53

RESPONSE to Motion, filed by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund, re 39 MOTION to Dismiss for Lack of Jurisdiction, Failure to State a Claim and for Lack of Venue filed by Defendant Ashley Maxwell, Defendant Mistie Sharp, Defendant Briscoe Rowell Cain, III, Defendant Sadie Weldon (jv2) (Entered: 07/05/2022)

July 1, 2022

July 1, 2022

PACER
54

REPLY to Response to Motion, filed by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund, re 24 MOTION for Summary Judgment filed by Plaintiff Marva Sadler, Plaintiff Wendy Davis, Plaintiff Stigma Relief Fund, Plaintiff Sean Mehl (jv2) (Entered: 07/05/2022)

July 1, 2022

July 1, 2022

PACER

Order on Motion for Leave to File Excess Pages

July 1, 2022

July 1, 2022

PACER
55

Unopposed MOTION for Extension of Time to File by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. (Attachments: # 1 Proposed Order)(Mitchell, Jonathan) (Entered: 07/11/2022)

July 11, 2022

July 11, 2022

PACER

Text Order GRANTING 55 Motion for Extension of Time to File entered by Judge Robert Pitman. In light of the lack of opposition, IT IS ORDERED that Defendants shall file their reply in support of the Motion to Dismiss on or before July 26, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jalc)

July 12, 2022

July 12, 2022

PACER
56

NOTICE Of Withdrawal Without Prejudice by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund re 24 MOTION for Summary Judgment (Sharma, Rupali) (Entered: 07/12/2022)

July 12, 2022

July 12, 2022

RECAP

Order on Motion for Extension of Time to File

July 12, 2022

July 12, 2022

PACER
57

MOTION for Leave to File An Amended Complaint by Wendy Davis, Sean Mehl, Marva Sadler, Stigma Relief Fund. (Attachments: # 1 Exhibit A - Amended Complaint, # 2 Exhibit 1 to Amended Complaint, # 3 Exhibit 2 to Amended Complaint, # 4 Exhibit 3 to Amended Complaint, # 5 Exhibit 4 to Amended Complaint, # 6 Exhibit 5 to Amended Complaint, # 7 Proposed Order)(Sharma, Rupali) (Entered: 07/25/2022)

July 25, 2022

July 25, 2022

PACER
58

Unopposed MOTION for Extension of Time to File Response/Reply as to 39 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Venue by Briscoe Rowell Cain, III, Ashley Maxwell, Mistie Sharp, Sadie Weldon. (Attachments: # 1 Proposed Order)(Mitchell, Jonathan) (Entered: 07/26/2022)

July 26, 2022

July 26, 2022

PACER

Case Details

State / Territory: Texas

Case Type(s):

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: April 19, 2022

Closing Date: Feb. 16, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are an abortion fund that serves Texas abortion patients and three individuals who wish to donate money to abortion funds that serve Texas abortion patients.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Texas House of Representatives, State

Texas, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Equal Protection

Supremacy Clause

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Reproductive rights:

Abortion

Cardiac activity legislation

Criminalization