Case: Planned Parenthood South Atlantic v. Stein

1:23-cv-00480 | U.S. District Court for the Middle District of North Carolina

Filed Date: June 16, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 16, 2023, Planned Parenthood South Atlantic and a North Carolina-based physician sued several state officials in their official capacity under the U.S. Constitution and 42 U.S.C. § 1983, challenging the constitutionality of certain provisions of the Care for Women, Children and Families Act (“SB20”). SB20 reduced the window for obtaining a legal abortion from 20 weeks to 12 weeks of pregnancy, with narrow exceptions, and imposed other significant restrictions on abortion access. The Nor…

On June 16, 2023, Planned Parenthood South Atlantic and a North Carolina-based physician sued several state officials in their official capacity under the U.S. Constitution and 42 U.S.C. § 1983, challenging the constitutionality of certain provisions of the Care for Women, Children and Families Act (“SB20”). SB20 reduced the window for obtaining a legal abortion from 20 weeks to 12 weeks of pregnancy, with narrow exceptions, and imposed other significant restrictions on abortion access. The North Carolina legislature passed the bill over the governor’s veto.

Plaintiffs argued that while the Supreme Court’s 2023 decision in Dobbs held that the right to abortion is no longer a fundamental right under the Fourteenth Amendment, certain provisions of SB20 were unconstitutionally vague and impossible to comply with, and additionally violated their Fourteenth Amendment due process and equal protection rights and First Amendment rights. Plaintiffs specifically sought declaratory and injunctive relief with regards to the following provisions:

1)    Two conflicting provisions that prevented providers from providing medication abortion after 10 and 12 weeks of pregnancy;

2)    A requirement that survivors of sexual assault obtain abortions in a hospital after 12 weeks of pregnancy under exceptions for rape or incest;

3)    A provision requiring certain information be provided to the patient 72 hours before the abortion with no exception for medical emergencies;

4)    A ban on advising how a person can access an abortion after 12 weeks of pregnancy, possibly preventing health care providers from helping patients access lawful care out-of-state. 

Plaintiffs additionally sought attorneys’ fees and costs. Five days after filing, Plaintiffs motioned for a temporary restraining order and preliminary injunction. The case was assigned to Judge Catherine Eagles and Magistrate Judge L. Patrick Auld.

In response to Plaintiffs’ lawsuit, the North Carolina legislature passed a technical bill that clarified conflicting provisions in SB20 and provided that some contested provisions would not take effect until October 1, 2023. The parties entered a joint stipulation on June 29, 2023 that none of the provisions in SB20 imposed civil, criminal, or professional liability on an individual who advised, procured, caused, or otherwise assisted someone in obtaining a lawful out-of-state abortion.

Upon reviewing these changes, the trial court found that some of Plaintiffs’ challenges had been resolved. 680 F.Supp.3d 595. In particular, the trial court held that many of the amendments to SB20 likely mooted Plaintiffs’ vagueness challenges to provisions in the original act and consequently denied Plaintiffs’ motion for a TRO as to these provisions. The trial court additionally refused to grant a TRO against the enforcement of the requirement that surgical abortions after twelve weeks be conducted in the hospital: because this hospitalization provision would not go into effect until October 1, 2023, the trial court held that a TRO was unnecessary. Finally, the trial court held that revisions to SB20’s language and the parties’ joint stipulation that SB20 would not create liability for helping others obtain lawful abortions in other states were sufficient changes such that the act likely did not violate the First Amendment.

However, the trial court did find that there was still a vagueness concern with regards to the SB20 requirement that a physician prescribing, administering, or dispensing an abortion-inducing drug document the existence of an intrauterine pregnancy in the woman’s medical chart. Considering evidence that many abortions are performed early in pregnancy, and that physicians cannot see or document the existence of an intrauterine pregnancy at this point, the trial court found that the amended act was still ambiguous as to whether a provider who couldn’t comply with the documentation requirement because of its impossibility would be prohibited from proceeding with the medical abortion. The court thus granted Plaintiffs’ TRO as to this provision.

On July 17, 2023, Plaintiffs filed an amended complaint. While Plaintiffs acknowledged that the amendments to SB20 did resolve many of their original claims, Plaintiffs maintained their due process challenge to the intrauterine pregnancy reporting requirement and their due process and equal protection challenges to the hospitalization provision. Plaintiffs also added facts about how medication abortions are performed and how SB20 complicated the administration of this type of abortion. A few days after filing the amended complaint, Plaintiffs filed an amended motion for preliminary injunction to prevent Defendants from enforcing or facilitating the intrauterine pregnancy reporting requirement and the hospitalization provision.

The trial court granted this preliminary injunction on September 30, 2023. With regards to the intrauterine pregnancy reporting requirement, the court found that SB20 was likely unconstitutionally vague in violation of the Due Process Clause as to: 1) the standard of certainty to which a provider must determine the existence of an intrauterine pregnancy, 2) whether medical abortions were implicitly banned early in pregnancy because of the impossibility of documenting the location of an early pregnancy with ultrasound evidence at this point, and 3) whether providers who didn’t comply with this provision could face criminal sanctions. With regards to the hospitalization requirement, the court found that the legislature had not provided a compelling reason why it sought to treat patients who undergo the exact same medical procedure differently based solely on the reason why they sought the procedure. In other words, there was no health or safety rationale presented to explain why patients who had miscarriages should have access to out-of-hospital procedures while patients who were survivors of rape or incest, or who had fetal anomalies, could not access these same procedures.

The case is ongoing.

Summary Authors

Brillian Bao (10/29/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67507549/parties/planned-parenthood-south-atlantic-v-stein/


Judge(s)
Attorney for Plaintiff

AMIRI, BRIGITTE (North Carolina)

Attorney for Defendant

BAPTIST, ERIK (North Carolina)

BOYCE, SARAH G. (North Carolina)

BOYLE, WILLIAM ELLIS (North Carolina)

BRENNAN, STEPHANIE A. (North Carolina)

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Documents in the Clearinghouse

Document
1

1:23-cv-00480

Verified Complaint for Injunctive and Declaratory Relief

June 16, 2023

June 16, 2023

Complaint
31

1:23-cv-00480

Temporary Restraining Order

June 30, 2023

June 30, 2023

Order/Opinion

680 F.Supp.3d 595

42

1:23-cv-00480

Verified First Amended Complaint for Declaratory and Injunctive

July 17, 2023

July 17, 2023

Complaint
80

1:23-cv-00480

Order

Sept. 30, 2023

Sept. 30, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67507549/planned-parenthood-south-atlantic-v-stein/

Last updated Aug. 9, 2025, 11:57 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (verified) for Injunctive and Declaratory Relief against AVERY CRUMP, BENJAMIN R. DAVID, SATANA DEBERRY, LORRIN FREEMAN, RACQUEL INGRAM, PHD, RN, MICHAUX R. KILPATRICK, MD, PHD, KODY H. KINSLEY, SPENCER MERRIWEATHER, JEFF NIEMAN, JIM O'NEILL, JOSHUA, ATTORNEY GENERAL OF THE STATE OF NORTH CAR STEIN, WILLIAM WEST, TODD M. WILLIAMS ( Filing fee $ 402 receipt number ANCMDC-3587763.)(Related Case # 1:11-cv-00804), filed by BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC. (Attachments: # 1 Exhibit 1 - SB20)(MAFFETORE, JACLYN) Modified on 6/16/2023 to complete caption. (Bowers, Alexis). (Entered: 06/16/2023)

1 Exhibit 1 - SB20

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June 16, 2023

June 16, 2023

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2

Corporate Disclosure Statement. (MAFFETORE, JACLYN) (Entered: 06/16/2023)

June 16, 2023

June 16, 2023

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3

NOTICE of Attorney Appearance by attorney KRISTI L. GRAUNKE on behalf of Plaintiffs BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC (GRAUNKE, KRISTI) (Main Document 3 replaced on 6/20/2023 with flattened document.) (Hicks, Samantha) (Entered: 06/16/2023)

June 16, 2023

June 16, 2023

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4

NOTICE of Special Appearance by attorney PETER IM on behalf of Plaintiff PLANNED PARENTHOOD SOUTH ATLANTIC ( Filing fee $ 25 receipt number ANCMDC-3589553.) (IM, PETER) (Entered: 06/20/2023)

June 20, 2023

June 20, 2023

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5

NOTICE of Special Appearance by attorney HELENE T. KRASNOFF on behalf of Plaintiff PLANNED PARENTHOOD SOUTH ATLANTIC ( Filing fee $ 25 receipt number ANCMDC-3589572.) (KRASNOFF, HELENE) (Entered: 06/20/2023)

June 20, 2023

June 20, 2023

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Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE L. PATRICK AULD. (Bowers, Alexis)

June 20, 2023

June 20, 2023

PACER
6

NOTICE of Attorney Appearance by attorney STEPHANIE A. BRENNAN on behalf of Defendant JOSHUA STEIN (BRENNAN, STEPHANIE) (Entered: 06/21/2023)

June 21, 2023

June 21, 2023

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7

NOTICE of Special Appearance by attorney BRIGITTE AMIRI on behalf of Plaintiff BEVERLY GRAY, MD ( Filing fee $ 25 receipt number ANCMDC-3590415.) (AMIRI, BRIGITTE) (Entered: 06/21/2023)

June 21, 2023

June 21, 2023

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8

NOTICE of Special Appearance by attorney RYAN MENDIAS on behalf of Plaintiff BEVERLY GRAY, MD ( Filing fee $ 25 receipt number ANCMDC-3590445.) (MENDIAS, RYAN) (Entered: 06/21/2023)

June 21, 2023

June 21, 2023

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9

NOTICE of Special Appearance by attorney LINDSEY KALEY on behalf of Plaintiff BEVERLY GRAY, MD ( Filing fee $ 25 receipt number ANCMDC-3590828.) (KALEY, LINDSEY) (Entered: 06/21/2023)

June 21, 2023

June 21, 2023

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10

Consent MOTION for Leave to File Excess Pages by BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC. (Attachments: # 1 Text of Proposed Order)(GRAUNKE, KRISTI) (Entered: 06/21/2023)

1 Text of Proposed Order

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June 21, 2023

June 21, 2023

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11

MOTION for Temporary Restraining Order and Preliminary Injunction by BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC. Response to Motion due by 7/12/2023 (Attachments: # 1 Proposed TRO)(IM, PETER) (Entered: 06/21/2023)

1 Proposed TRO

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June 21, 2023

June 21, 2023

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12

MEMORANDUM filed by Plaintiffs BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC re 11 MOTION for Temporary Restraining Order and Preliminary Injunction filed by BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC. (Attachments: # 1 Ex. 1 - Decl. of Katherine Farris, MD)(IM, PETER) (Entered: 06/21/2023)

1 Ex. 1 - Decl. of Katherine Farris, MD

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June 21, 2023

June 21, 2023

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Motions Submitted: 11 MOTION for Temporary Restraining Order and Preliminary Injunction, 10 Consent MOTION for Leave to File Excess Pages to JUDGE CATHERINE C. EAGLES- (Winchester, Robin)

June 22, 2023

June 22, 2023

PACER
13

NOTICE of Attorney Appearance by attorney AMAR MAJMUNDAR on behalf of Defendant JOSHUA STEIN (MAJMUNDAR, AMAR) (Entered: 06/22/2023)

June 22, 2023

June 22, 2023

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CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Bowers, Alexis)

June 22, 2023

June 22, 2023

PACER

TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 6/22/23. The motion to exceed the page limit is granted and the brief, Doc. 12, is accepted as filed. The motion for TRO is set for hearing on June 28, 2023, at 9:30 am in Greensboro, Courtroom 3. No live evidence will be received. Defendants are prohibited from filing separate responses in opposition, subject to further order. Defendants who have counsel of record by close of business June 23, 2023, may file a joint response no later than 9 am on June 27, 2023, not exceeding 8500 words, or the defendants may immediately confer and promptly present a joint motion as to word limits for separate responses, taking into account the need to avoid repetition and to make the briefs manageable for the Court to read in the time available. If plaintiff wishes to file additional evidence in rebuttal, it must be filed no later than 8:30 a.m. on June 28, 2023, and no reply brief is authorized. Counsel for the plaintiff shall immediately electronically provide a copy of this Order to all attorneys known to potentially represent those defendants as yet unrepresented on the docket.(Winchester, Robin)

June 22, 2023

June 22, 2023

PACER
14

NOTICE of Attorney Appearance by attorney MICHAEL E. BULLERI on behalf of Defendants RACQUEL INGRAM, PHD, RN, MICHAUX R. KILPATRICK, MD, PHD (BULLERI, MICHAEL) (Entered: 06/22/2023)

June 22, 2023

June 22, 2023

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15

NOTICE of Attorney Appearance by attorney SARAH G. BOYCE on behalf of Defendant JOSHUA STEIN (BOYCE, SARAH) (Entered: 06/22/2023)

June 22, 2023

June 22, 2023

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Set Hearing: Motion Hearing set for 6/28/2023 09:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Hicks, Samantha)

June 22, 2023

June 22, 2023

PACER
16

NOTICE of Attorney Appearance by attorney WILLIAM ELLIS BOYLE on behalf of Intervenor Defendants PHILIP E. BERGER, TIMOTHY K. MOORE (BOYLE, WILLIAM) (Entered: 06/22/2023)

June 22, 2023

June 22, 2023

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17

MOTION to Intervene by PHILIP E. BERGER, TIMOTHY K. MOORE. (Attachments: # 1 Text of Proposed Order)(BOYLE, WILLIAM) (Entered: 06/22/2023)

1 Text of Proposed Order

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June 22, 2023

June 22, 2023

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18

MEMORANDUM filed by Intervenor Defendants PHILIP E. BERGER, TIMOTHY K. MOORE re 17 MOTION to Intervene (Memorandum in Support) filed by PHILIP E. BERGER, TIMOTHY K. MOORE. (Attachments: # 1 Exhibit 1)(BOYLE, WILLIAM) (Entered: 06/22/2023)

1 Exhibit 1

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June 22, 2023

June 22, 2023

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19

Corporate Disclosure Statement. (BOYLE, WILLIAM) (Entered: 06/22/2023)

June 22, 2023

June 22, 2023

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20

Corporate Disclosure Statement. (BOYLE, WILLIAM) (Entered: 06/22/2023)

June 22, 2023

June 22, 2023

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21

NOTICE of Hearing: Motion Hearing set for 6/28/2023 09:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Winchester, Robin) (Entered: 06/23/2023)

June 23, 2023

June 23, 2023

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22

NOTICE of Attorney Appearance by attorney MICHAEL T. WOOD on behalf of Defendant KODY H. KINSLEY (WOOD, MICHAEL) (Main Document 22 replaced on 6/26/2023 with flattened image.) (Hicks, Samantha) (Entered: 06/23/2023)

June 23, 2023

June 23, 2023

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23

NOTICE of Attorney Appearance by attorney COLLEEN MARY CROWLEY on behalf of Defendant KODY H. KINSLEY (CROWLEY, COLLEEN) (Main Document 23 replaced on 6/26/2023 with flattened image.) (Hicks, Samantha) (Entered: 06/23/2023)

June 23, 2023

June 23, 2023

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24

NOTICE of Attorney Appearance by attorney SRIPRIYA NARASIMHAN on behalf of Defendant JOSHUA STEIN (NARASIMHAN, SRIPRIYA) (Entered: 06/24/2023)

June 24, 2023

June 24, 2023

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TEXT ORDER issued by JUDGE CATHERINE C. EAGLES on 6/24/23. The motion to intervene, Doc. 17, is GRANTED for purposes of the TRO hearing. Counsel for the proposed intervenors may appear at the hearing and be heard on the merits. As the intervenors are likely to take a different position on at least some of the issues from that taken by the Attorney General, the intervenors MAY file evidence and a brief no longer than 8500 words, no later than 8:30 a.m. on June 27, 2023. (Winchester, Robin)

June 24, 2023

June 24, 2023

PACER
25

NOTICE by BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC of Factual Development (Attachments: # 1 Exhibit 1 - HB 190)(IM, PETER) (Entered: 06/26/2023)

1 Exhibit 1 - HB 190

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June 26, 2023

June 26, 2023

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26

RESPONSE in Opposition re 11 MOTION for Temporary Restraining Order and Preliminary Injunction filed by PLANNED PARENTHOOD SOUTH ATLANTIC, BEVERLY GRAY, MD filed by PHILIP E. BERGER, TIMOTHY K. MOORE. (Attachments: # 1 Exhibit 1: HB190 SL2023)(BOYLE, WILLIAM) (Entered: 06/27/2023)

1 Exhibit 1: HB190 SL2023

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June 27, 2023

June 27, 2023

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27

RESPONSE filed by Defendant JOSHUA STEIN re 11 MOTION for Temporary Restraining Order and Preliminary Injunction filed by PLANNED PARENTHOOD SOUTH ATLANTIC, BEVERLY GRAY, MD filed by JOSHUA STEIN. (BOYCE, SARAH) Modified on 6/28/2023 to remove Reply deadline. See 6/22/2023 Text Order. (Garland, Leah) (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

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Set Reply Deadline re 11 MOTION for Temporary Restraining Order and Preliminary Injunction. Replies due by 7/11/2023. (Hicks, Samantha)

June 27, 2023

June 27, 2023

PACER
28

NOTICE of Attorney Appearance by attorney KEVIN GUY WILLIAMS on behalf of Defendant JIM O'NEILL (WILLIAMS, KEVIN) (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

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Motion Hearing

June 28, 2023

June 28, 2023

PACER

Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES. Attorneys Kristi Graunke, Peter Im, Jaclyn Maffetore, Brigitte Amiri, Lindsey Kaley appeared as counsel for Plaintiffs. Attorneys Sarah Boyce, Sripriya Narasimhan for defendant Joshua Stein. Attorney Michael Bulleri appeared as counsel for defendant Michaux R. Kilpatrick, MD, PHD. Attorney Kevin Williams appeared as counsel for defendant Jim O'Neill. Attorney William Boyle appeared as counsel for Intervenor Defendant. Motion Hearing held on 6/28/2023 re 11 MOTION for Temporary Restraining Order and Preliminary Injunction filed by PLANNED PARENTHOOD SOUTH ATLANTIC, BEVERLY GRAY, MD. Counsel presented argument. The motion for temporary restraining order remains under advisement. Via email to the case manager no later than 4 pm June 29, counsel may submit suggested ordering language for use if the motion is granted or denied; no argument is allowed. Counsel shall confer about scheduling and stipulations and advise the Court of any agreements or proposals and shall advise the Court of any developments with the potential amendments to the Act. Court grants the Motion to Intervene Doc. 17 subject to reconsideration upon motion by any defendant who has not yet made an appearance through counsel. Written Order forthcoming. (Court Reporter Jane Allen.) (Winchester, Robin)

June 28, 2023

June 28, 2023

PACER
29

NOTICE of Attorney Appearance by attorney ELIZABETH CURRAN O'BRIEN on behalf of Defendants AVERY CRUMP, BENJAMIN R. DAVID, SATANA DEBERRY, LORRIN FREEMAN, SPENCER MERRIWEATHER, JEFF NIEMAN, WILLIAM WEST, TODD M. WILLIAMS (O'BRIEN, ELIZABETH) (Entered: 06/29/2023)

June 29, 2023

June 29, 2023

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30

JOINT STIPULATION filed by all parties.. (NARASIMHAN, SRIPRIYA) (Entered: 06/29/2023)

June 29, 2023

June 29, 2023

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31

TEMPORARY RESTRAINING ORDER signed by JUDGE CATHERINE C. EAGLES on 06/30/2023, that: 1. The plaintiffs' motion for a temporary restraining order, Doc. 11, is GRANTED in part. Upon receipt of this Order, each and every defendant, their agents, and successors in office are RESTRAINED, ENJOINED, and FORBIDDEN from enforcing the requirement in § 90-21.83B(a)(7), Doc. 26 -1 at 27, as set out. 2. The plaintiffs' motion for a temporary restraining order, Doc. 11, is DENIED in part as to the hospitalization requirement in § 90-21.82A(c). Doc. 1 -1 at 21. That provision does not go into effect until October 1, 2023, and a temporary restraining order is unnecessary. 3. The plaintiffs' motion for a temporary restraining order, Doc. 11, is DENIED in part as to the ban on procuring or causing a miscarriage or abortion in North Carolina after the twelfth week of pregnancy. § 90-21.81A(a), Doc. 26 -1 at 26, as set out. 4. The plaintiffs' motion for a temporary restraining order, Doc. 11, is otherwise DENIED. 5. Upon notice, any violation of this Order while the same remains in force and effect is a contempt of Court. Violations are punishable by both the civil and criminal contempt powers of this Court upon a proper showing. 6. In its discretion, the Court WAIVES the bond requirement. 7. This Order REMAINS in effect until noon on July 14, 2023, subject to further order of the Court. 8. The motion for a preliminary injunction, Doc. 11, remains under advisement. The Court will enter a scheduling order next week for additional briefing. (Garland, Leah) (Entered: 06/30/2023)

June 30, 2023

June 30, 2023

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32

ORDER signed by JUDGE CATHERINE C. EAGLES on 7/3/2023; The motion to intervene, Doc. 17, is GRANTED without objection by all parties represented at the time. This Order is subject to reconsideration on prompt filing of a motion by any defendant who did not have counsel of record as of the June 28 hearing. (Hicks, Samantha) (Entered: 07/03/2023)

July 3, 2023

July 3, 2023

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33

JOINT MOTIONto Extend the TRO by BEVERLY GRAY, MD. (Attachments: # 1 Text of Proposed Order)(KALEY, LINDSEY) (Entered: 07/05/2023)

1 Text of Proposed Order

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July 5, 2023

July 5, 2023

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Motions Submitted

July 5, 2023

July 5, 2023

PACER

Motions Submitted: 33 JOINT MOTIONto Extend the TRO to JUDGE CATHERINE C. EAGLES. (Winchester, Robin)

July 5, 2023

July 5, 2023

PACER
34

JOINT MOTION for a Briefing Schedule by BEVERLY GRAY, MD. (Attachments: # 1 Text of Proposed Order) (KALEY, LINDSEY) (Entered: 07/05/2023)

1 Text of Proposed Order

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July 5, 2023

July 5, 2023

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35

ORDER signed by JUDGE CATHERINE C. EAGLES on 7/5/2023 re 33 Joint Motion. It is therefore ORDERED that the temporary restraining order entered by the Court, ECF No. 31, is EXTENDED and shall REMAIN in effect until such time as the Court rules on either Plaintiffs' motion for a preliminary injunction, Doc. 11, or on a renewed motion for a preliminary injunction that Plaintiffs will file by a date to be set by the Court.(Marsh, Keah) (Entered: 07/05/2023)

July 5, 2023

July 5, 2023

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Motions Submitted

July 6, 2023

July 6, 2023

PACER

Motions Submitted: 34 JOINT MOTION for a Briefing Schedule to JUDGE CATHERINE C. EAGLES (Winchester, Robin)

July 6, 2023

July 6, 2023

PACER
36

STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES.(Winchester, Robin) (Entered: 07/06/2023)

July 6, 2023

July 6, 2023

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Set/Reset Scheduling Order Deadlines

July 6, 2023

July 6, 2023

PACER
37

ORDER signed by JUDGE CATHERINE C. EAGLES on 07/06/2023, granting 34 Joint Motion for a Briefing Schedule as stated herein. The plaintiffs SHALL file an amended complaint no later than July 17, 2023. The plaintiffs SHALL file an amended motion for preliminary injunction, supported by a brief no later than July 24, 2023. The defendants and intervenors SHALL file answers no later than July 31, 2023. If any defendant or intervenor files a motion to dismiss in lieu of an answer, that defendant SHALL treat the amended complaint as requests for admissions and respond accordingly no later than July 31, 2023. The defendants' response briefs and declarations under oath and any other evidence SHALL be filed no later than July 31, 2023. The intervenors' response briefs and declarations under oath and any other evidence SHALL be filed no later than August 7, 2023. The plaintiffs may file a reply brief and rebuttal evidence no later than August 18, 2023. Expedited discovery is authorized and may begin now. Limited written discovery necessary for the preliminary injunction hearing, if any, SHALL be served as soon as possible and in any event so that it can be answered no later than September 6, 2023. Any depositions SHALL be completed by September 6, 2023. The parties may file short supplemental briefs limited to 2500 words, along with additional relevant evidence obtained during discovery, if any, no later than September 12, 2023. Hearing on the motion for preliminary injunction is set for Thursday, September 21, 2023, at 9:30 a.m. in Courtroom 3, Greensboro. All discovery SHALL be concluded no later than January 31, 2024. The matter is referred to the Magistrate Judge for an initial pretrial conference, to be scheduled in his discretion. (Taylor, Abby) (Entered: 07/06/2023)

July 6, 2023

July 6, 2023

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Set/Reset Deadlines/Hearings

July 6, 2023

July 6, 2023

PACER

Set Discovery Deadline due by 1/31/2024. (Taylor, Abby)

July 6, 2023

July 6, 2023

PACER

Set Preliminary Injunction Hearing: Motion Hearing set for 9/21/2023 09:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Taylor, Abby)

July 6, 2023

July 6, 2023

PACER
38

NOTICE of Attorney Appearance by attorney SOUTH A. MOORE on behalf of Defendant JOSHUA STEIN (MOORE, SOUTH) (Entered: 07/07/2023)

July 7, 2023

July 7, 2023

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39

NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 9/25/2023 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (Garrett, Kim) (Entered: 07/07/2023)

July 7, 2023

July 7, 2023

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40

NOTICE of Hearing: Motion Hearing on Motion for Preliminary Injunction set for 9/21/2023 09:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Winchester, Robin) (Entered: 07/10/2023)

July 10, 2023

July 10, 2023

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41

NOTICE of Special Appearance by attorney HANNAH SWANSON on behalf of Plaintiff PLANNED PARENTHOOD SOUTH ATLANTIC ( Filing fee $ 25 receipt number BNCMDC-3608522.) (SWANSON, HANNAH) (Entered: 07/17/2023)

July 17, 2023

July 17, 2023

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42

First AMENDED COMPLAINT against All Defendants, filed by BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC. (Attachments: # 1 Exhibit 1- Redline Comparison to Original Complaint)(GRAUNKE, KRISTI) (Entered: 07/17/2023)

1 Exhibit 1- Redline Comparison to Original Complaint

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July 17, 2023

July 17, 2023

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43

NOTICE of Special Appearance by attorney DENISE M. HARLE on behalf of Intervenor Defendants PHILIP E. BERGER, TIMOTHY K. MOORE ( Filing fee $ 25 receipt number ANCMDC-3611881.) (HARLE, DENISE) (Entered: 07/20/2023)

July 20, 2023

July 20, 2023

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44

NOTICE of Special Appearance by attorney ERIN MORROW HAWLEY on behalf of Intervenor Defendants PHILIP E. BERGER, TIMOTHY K. MOORE ( Filing fee $ 25 receipt number ANCMDC-3611941.) (HAWLEY, ERIN) (Entered: 07/20/2023)

July 20, 2023

July 20, 2023

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45

NOTICE of Special Appearance by attorney ERICA STEINMILLER-PERDOMO on behalf of Intervenor Defendants PHILIP E. BERGER, TIMOTHY K. MOORE ( Filing fee $ 25 receipt number ANCMDC-3611949.) (STEINMILLER-PERDOMO, ERICA) (Entered: 07/20/2023)

July 20, 2023

July 20, 2023

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46

JOINT MOTION To Reschedule Preliminary Injunction Hearing by PHILIP E. BERGER, TIMOTHY K. MOORE. (Attachments: # 1 Text of Proposed Order)(BOYLE, WILLIAM) (Entered: 07/21/2023)

1 Text of Proposed Order

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July 21, 2023

July 21, 2023

RECAP

Motions Submitted

July 21, 2023

July 21, 2023

PACER

Motions Submitted: 46 JOINT MOTION To Reschedule Preliminary Injunction Hearing to JUDGE CATHERINE C. EAGLES- (Winchester, Robin)

July 21, 2023

July 21, 2023

PACER
47

NOTICE OF SPECIAL APPEARANCE AND SUBSTITUTION OF COUNSEL by attorney ANJALI SALVADOR on behalf of Plaintiff PLANNED PARENTHOOD SOUTH ATLANTIC. ( Filing fee $ 25 receipt number ANCMDC-3614263.) (SALVADOR, ANJALI) Modified on 7/25/2023 to correct title. (Hicks, Samantha) (Entered: 07/24/2023)

July 24, 2023

July 24, 2023

RECAP
48

Amended MOTION for Preliminary Injunction by PLANNED PARENTHOOD SOUTH ATLANTIC. Response to Motion due by 7/31/2023 (SWANSON, HANNAH) (Entered: 07/24/2023)

July 24, 2023

July 24, 2023

RECAP
49

MEMORANDUM filed by Plaintiff PLANNED PARENTHOOD SOUTH ATLANTIC re 48 Amended MOTION for Preliminary Injunction filed by PLANNED PARENTHOOD SOUTH ATLANTIC. (Attachments: # 1 Exhibit Declaration of Katherine Farris, M.D., # 2 Exhibit Declaration of Christy M. Boraas Alsleben, M.D., M.P.H.)(SWANSON, HANNAH) (Entered: 07/24/2023)

1 Exhibit Declaration of Katherine Farris, M.D.

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2 Exhibit Declaration of Christy M. Boraas Alsleben, M.D., M.P.H.

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July 24, 2023

July 24, 2023

RECAP
50

Plaintiffs' MOTION for Leave to Submit a Proposed Order upon Completion of Briefing on the Amended Motion for Preliminary Injunction by PLANNED PARENTHOOD SOUTH ATLANTIC. Response to Motion due by 8/14/2023 (Attachments: # 1 Text of Proposed Order Granting Motion for Leave to Submit Proposed Order)(SWANSON, HANNAH) (Entered: 07/24/2023)

1 Text of Proposed Order Granting Motion for Leave to Submit Proposed Order

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July 24, 2023

July 24, 2023

RECAP

Motions Submitted

July 25, 2023

July 25, 2023

PACER

Motions Submitted: 50 Plaintiff's MOTION for Leave to Submit Proposed Order upon Completion of Briefing on the Amended Motion for Preliminary Injunction to JUDGE CATHERINE C. EAGLES- (Winchester, Robin)

July 25, 2023

July 25, 2023

PACER
51

ORDER signed by JUDGE CATHERINE C. EAGLES on 7/24/2023; The motion, Doc. 46, is GRANTED to the limited extent stated herein and is otherwise DENIED. (Hicks, Samantha) (Entered: 07/25/2023)

July 25, 2023

July 25, 2023

RECAP

Set/Reset Deadlines/Hearings

July 26, 2023

July 26, 2023

PACER

Set Preliminary Injunction Hearing: Motion Hearing set for 9/21/2023 09:30 AM in Greensboro Courtroom #3, also scheduled for 9/25/2023 09:30 AM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES, as a back-up to the already-scheduled trial. See Order filed 7/25/23 Doc. 51 (Winchester, Robin)

July 26, 2023

July 26, 2023

PACER
52

Transcript of Proceedings held on June 28, 2023, before Judge Eagles. Court Reporter/Transcriber Allen, Telephone number 3363326033. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 8/21/2023. Redacted Transcript Deadline set for 8/31/2023. Release of Transcript Restriction set for 10/27/2023. (Calhoun, J.) (Main Document 52 replaced on 10/2/2023 with corrected transcript per court reporter request) (Sheets, Jamie) (Entered: 07/26/2023)

July 26, 2023

July 26, 2023

RECAP
53

ORDER signed by JUDGE CATHERINE C. EAGLES on 7/27/2023; that plaintiffs' motion, Doc. 50, is GRANTED and any party may file a proposed order resolving the motion for preliminary injunction as an attachment to their supplemental briefing on that motion due no later than September 12, 2023. (Hicks, Samantha) (Entered: 07/27/2023)

July 27, 2023

July 27, 2023

RECAP
54

ANSWER to Amended Complaint Answer and Affirmative Defenses of Intervenor-Defendants by PHILIP E. BERGER, TIMOTHY K. MOORE. (BOYLE, WILLIAM) (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

RECAP
55

ANSWER to Amended Complaint by KODY H. KINSLEY. (WOOD, MICHAEL) (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

RECAP
56

RESPONSE filed by Defendant KODY H. KINSLEY re 48 Amended MOTION for Preliminary Injunction filed by PLANNED PARENTHOOD SOUTH ATLANTIC filed by KODY H. KINSLEY. Replies due by 8/18/2023 (WOOD, MICHAEL) (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

RECAP
57

ANSWER to Amended Complaint by JIM O'NEILL. (WILLIAMS, KEVIN) (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

RECAP
58

RESPONSE to Plaintiffs' Amended Motion for a Preliminary Injunction filed by Defendant JIM O'NEILL re 48 Amended MOTION for Preliminary Injunction filed by PLANNED PARENTHOOD SOUTH ATLANTIC filed by JIM O'NEILL. Replies due by 8/14/2023 (WILLIAMS, KEVIN) (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

RECAP
59

ANSWER to Amended Complaint by AVERY CRUMP, BENJAMIN R. DAVID, SATANA DEBERRY, LORRIN FREEMAN, SPENCER MERRIWEATHER, JEFF NIEMAN, WILLIAM WEST, TODD M. WILLIAMS. (O'BRIEN, ELIZABETH) (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

RECAP
60

ANSWER to Amended Complaint by RACQUEL INGRAM, PHD, RN, MICHAUX R. KILPATRICK, MD, PHD. (BULLERI, MICHAEL) (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

RECAP
61

RESPONSE filed by Defendants AVERY CRUMP, BENJAMIN R. DAVID, SATANA DEBERRY, LORRIN FREEMAN, SPENCER MERRIWEATHER, JEFF NIEMAN, WILLIAM WEST, TODD M. WILLIAMS re 48 Amended MOTION for Preliminary Injunction filed by PLANNED PARENTHOOD SOUTH ATLANTIC filed by AVERY CRUMP, BENJAMIN R. DAVID, SATANA DEBERRY, LORRIN FREEMAN, SPENCER MERRIWEATHER, JEFF NIEMAN, WILLIAM WEST, TODD M. WILLIAMS. Replies due by 8/14/2023 (O'BRIEN, ELIZABETH) (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

RECAP
62

RESPONSE filed by Defendants RACQUEL INGRAM, PHD, RN, MICHAUX R. KILPATRICK, MD, PHD re 48 Amended MOTION for Preliminary Injunction filed by PLANNED PARENTHOOD SOUTH ATLANTIC filed by RACQUEL INGRAM, PHD, RN, MICHAUX R. KILPATRICK, MD, PHD. Replies due by 8/14/2023 (BULLERI, MICHAEL) (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

RECAP
63

RESPONSE filed by Defendant JOSHUA STEIN re 48 Amended MOTION for Preliminary Injunction filed by PLANNED PARENTHOOD SOUTH ATLANTIC filed by JOSHUA STEIN. Replies due by 8/14/2023 (BOYCE, SARAH) (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

RECAP
64

ANSWER to Amended Complaint by JOSHUA STEIN. (MOORE, SOUTH) (Entered: 07/31/2023)

July 31, 2023

July 31, 2023

RECAP
65

RESPONSE re 48 Amended MOTION for Preliminary Injunction filed by PHILIP E. BERGER, TIMOTHY K. MOORE. (Attachments: # 1 Exhibit 1 - Declaration of Dr. Wubbenhorst, # 2 Exhibit 2 - Mifeprex Label, # 3 Exhibit 3 - Declaration of Dr. Bane)(BOYLE, WILLIAM) (Entered: 08/07/2023)

1 Exhibit 1 - Declaration of Dr. Wubbenhorst

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2 Exhibit 2 - Mifeprex Label

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3 Exhibit 3 - Declaration of Dr. Bane

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Aug. 7, 2023

Aug. 7, 2023

RECAP
66

NOTICE of Special Appearance by attorney JULIA CATHERINE PAYNE on behalf of Intervenor Defendants PHILIP E. BERGER, TIMOTHY K. MOORE ( Filing fee $ 25 receipt number ANCMDC-3631190.) (PAYNE, JULIA) (Entered: 08/15/2023)

Aug. 15, 2023

Aug. 15, 2023

RECAP
67

*****FILED IN ERROR****NOTICE of Special Appearance by attorney KARA LINDSAY GRANDIN on behalf of Plaintiff PLANNED PARENTHOOD SOUTH ATLANTIC ( Filing fee $ 25 receipt number ANCMDC-3633022.) (GRANDIN, KARA) Modified on 8/17/2023 to reflect filed in error per filer. See 68 Amended Notice.(Butler, Carol) (Entered: 08/17/2023)

Aug. 17, 2023

Aug. 17, 2023

PACER
68

AMENDED NOTICE by PLANNED PARENTHOOD SOUTH ATLANTIC of NOTICE of Special Appearance by attorney KARA GRANDIN (GRANDIN, KARA) Modified on 8/17/2023 to reflect "Amended". (Butler, Carol) (Entered: 08/17/2023)

Aug. 17, 2023

Aug. 17, 2023

RECAP
69

REPLY, filed by Plaintiffs BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC, to Response to 48 Amended MOTION for Preliminary Injunction filed by BEVERLY GRAY, MD, PLANNED PARENTHOOD SOUTH ATLANTIC. (Attachments: # 1 Exhibit 1 - Boraas Rebuttal Decl., # 2 Exhibit 2 - Farris Rebuttal Decl., # 3 Exhibit 3 - Order, EMW Womens Surgical Center v. Cameron)(MAFFETORE, JACLYN) (Entered: 08/18/2023)

1 Exhibit 1 - Boraas Rebuttal Decl.

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2 Exhibit 2 - Farris Rebuttal Decl.

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3 Exhibit 3 - Order, EMW Womens Surgical Center v. Cameron

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Aug. 18, 2023

Aug. 18, 2023

RECAP

Motions Submitted

Aug. 21, 2023

Aug. 21, 2023

PACER

Motions Submitted: 48 Amended MOTION for Preliminary Injunction to CHIEF JUDGE CATHERINE C. EAGLES- (Winchester, Robin)

Aug. 21, 2023

Aug. 21, 2023

PACER
70

NOTICE of Rescheduling: Motion Hearing set for 9/21/2023 09:00 AM in Greensboro Courtroom #3 before CHIEF JUDGE CATHERINE C. EAGLES. If the hearing is not finished by Noon, there will be a lunch recess from Noon-2:30 pm as the Court has another obligation. Matter also scheduled for September 25, 2023 at 9:30 a.m. as a back-up to the already-scheduled trial before CHIEF JUDGE CATHERINE C. EAGLES. See order filed July 25, 2023 Doc. 5(Winchester, Robin) (Entered: 08/24/2023)

Aug. 24, 2023

Aug. 24, 2023

RECAP
71

MOTION to Withdraw as Attorney KARA LINDSAY GRANDIN by on behalf of PLANNED PARENTHOOD SOUTH ATLANTIC. (GRANDIN, KARA) (Entered: 09/06/2023)

Sept. 6, 2023

Sept. 6, 2023

RECAP

Motions Referred

Sept. 8, 2023

Sept. 8, 2023

PACER

Motions Referred: RE: 71 MOTION to Withdraw as Attorney KARA LINDSAY GRANDIN, to MAG/JUDGE L. PATRICK AULD (Winchester, Robin)

Sept. 8, 2023

Sept. 8, 2023

PACER

Order on Motion to Withdraw as Attorney

Sept. 8, 2023

Sept. 8, 2023

PACER

TEXT ORDER granting 71 Motion to Withdraw as Counsel. Attorney KARA LINDSAY GRANDIN is terminated as counsel of record for Plaintiff Planned Parenthood South Atlantic. Issued by MAG/JUDGE L. PATRICK AULD on 09/08/2023. (AULD, L.)

Sept. 8, 2023

Sept. 8, 2023

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: June 16, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs included Planned Parenthood South Atlantic and a North Carolina physician who provided a range of obstetric, contraceptive, and gynecological care, including abortion care, in the state.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

North Carolina, 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

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2023 - None

Issues

Reproductive rights:

Abortion

Mandatory delay

Medication abortion

Physician-only abortion laws

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

Time-based abortion prohibition