Case: Planned Parenthood of Wisconsin, Inc. v. Azar

U.S. Court of Appeals for the District of Columbia Circuit

COMPLAINT against ALEX M. AZAR, II, VALERIE HUBER ( Filing fee $ 400 receipt number 0090-5455485) filed by PLANNED PARENTHOOD OF WISCONSIN, INC., PLANNED PARENTHOOD OF GREATER OHIO, PLANNED PARENTHOOD ASSOCIATION OF UTAH. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Summons - Azar, # 4 Summons - Huber, # 5 Summons - U.S. Attorney General, # 6 Summons U.S. Attorney's Office)(Wolfson, Paul) (Entered: 05/02/2018)

1 Exhibit A

View on PACER

2 Civil Cover Sheet

View on PACER

3 Summons - Azar

View on PACER

4 Summons - Huber

View on PACER

5 Summons - U.S. Attorney General

View on PACER

6 Summons U.S. Attorney's Office

View on PACER

Corporate Disclosure Statement by PLANNED PARENTHOOD OF WISCONSIN, INC.. (Wolfson, Paul) (Entered: 05/02/2018)

Corporate Disclosure Statement by PLANNED PARENTHOOD OF GREATER OHIO. (Wolfson, Paul) (Entered: 05/02/2018)

Corporate Disclosure Statement by PLANNED PARENTHOOD ASSOCIATION OF UTAH. (Wolfson, Paul) (Entered: 05/02/2018)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alan E. Schoenfeld, :Firm- Wilmer Cutler Pickering Hale & Dorr LLP, :Address- 7 World Trade Center, 250 Greenwich Street, New York, NY 10007. Phone No. - 212-937-7294. Fax No. - 212-230-8888 (*FEE PAID receipt number 0090-5455678) Fee Status: No Fee Paid. by PLANNED PARENTHOOD ASSOCIATION OF UTAH, PLANNED PARENTHOOD OF GREATER OHIO, PLANNED PARENTHOOD OF WISCONSIN, INC. (Attachments: # 1 Declaration of Alan E. Schoenfeld, # 2 Text of Proposed Order)(Wolfson, Paul) (Entered: 05/02/2018)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ari J. Savitzky, :Firm- Wilmer Cutler Pickering Hale & Dorr LLP, :Address- 1875 Pennsylvania Avenue NW, Washington, DC 20006. Phone No. - 202-663-6232. Fax No. - 202-663-6363 Filing fee $ 100, receipt number 0090-5455760. Fee Status: Fee Paid. by PLANNED PARENTHOOD ASSOCIATION OF UTAH, PLANNED PARENTHOOD OF GREATER OHIO, PLANNED PARENTHOOD OF WISCONSIN, INC. (Attachments: # 1 Declaration of Ari J. Savitzky, # 2 Text of Proposed Order)(Wolfson, Paul) (Entered: 05/02/2018)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Leon Kenworthy, :Firm- Wilmer Cutler Pickering Hale & Dorr LLP, :Address- 1875 Pennsylvania Avenue NW, Washington, DC 20006. Phone No. - 202-663-6232. Fax No. - 202-663-6363 Filing fee $ 100, receipt number 0090-5455819. Fee Status: Fee Paid. by PLANNED PARENTHOOD ASSOCIATION OF UTAH, PLANNED PARENTHOOD OF GREATER OHIO, PLANNED PARENTHOOD OF WISCONSIN, INC. (Attachments: # 1 Declaration of Leon T. Kenworthy, # 2 Text of Proposed Order)(Wolfson, Paul) (Entered: 05/02/2018)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Emily Nix, :Firm- Wilmer Cutler Pickering Hale & Dorr LLP, :Address- 7 World Trade Center, 250 Greenwich Street, New York, NY 10007. Phone No. - 212-295-6469. Fax No. - 212-230-8888 Filing fee $ 100, receipt number 0090-5455856. Fee Status: Fee Paid. by PLANNED PARENTHOOD ASSOCIATION OF UTAH, PLANNED PARENTHOOD OF GREATER OHIO, PLANNED PARENTHOOD OF WISCONSIN, INC. (Attachments: # 1 Declaration of Emily Nix, # 2 Text of Proposed Order)(Wolfson, Paul) (Entered: 05/02/2018)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sara Schaumburg, :Firm- Wilmer Cutler Pickering Hale & Dorr LLP, :Address- 1875 Pennsylvania Avenue NW, Washington, DC 20006. Phone No. - 202-663-6524. Fax No. - 202-663-6363 Filing fee $ 100, receipt number 0090-5455918. Fee Status: Fee Paid. by PLANNED PARENTHOOD ASSOCIATION OF UTAH, PLANNED PARENTHOOD OF GREATER OHIO, PLANNED PARENTHOOD OF WISCONSIN, INC. (Attachments: # 1 Declaration of Sara Schaumburg, # 2 Text of Proposed Order)(Wolfson, Paul) (Entered: 05/02/2018)

NOTICE of Appearance by Carrie Y. Flaxman on behalf of PLANNED PARENTHOOD ASSOCIATION OF UTAH, PLANNED PARENTHOOD OF GREATER OHIO, PLANNED PARENTHOOD OF WISCONSIN, INC. (Flaxman, Carrie) (Entered: 05/02/2018)

NOTICE of Appearance by Helene T. Krasnoff on behalf of PLANNED PARENTHOOD ASSOCIATION OF UTAH, PLANNED PARENTHOOD OF GREATER OHIO, PLANNED PARENTHOOD OF WISCONSIN, INC. (Krasnoff, Helene) (Entered: 05/02/2018)

Case Assigned to Judge Trevor N. McFadden. (zmd)

STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 5/4/2018. (lctnm2) (Entered: 05/04/2018)

SUMMONS (4) Issued Electronically as to ALEX M. AZAR, II, VALERIE HUBER, U.S. Attorney and U.S. Attorney General (tth) (Additional attachment(s) added on 5/4/2018: # 1 Notice and Consent) (zmd). (Entered: 05/04/2018)

MINUTE ORDER granting the 5 Motion for Leave to Appear Pro Hac Vice of Attorney Alan E. Schoenfeld. Counsel shall promptly register for this Court's CM/ECF system. Signed by Judge Trevor N. McFadden on 5/4/2018. (lctnm2)

MINUTE ORDER granting the 6 Motion for Leave to Appear Pro Hac Vice of Attorney Ari J. Savitzky. Counsel shall promptly register for this Court's CM/ECF system. Signed by Judge Trevor N. McFadden on 5/4/2018. (lctnm2)

MINUTE ORDER granting the 7 Motion for Leave to Appear Pro Hac Vice of Attorney Leon Kenworthy. Counsel shall promptly register for this Court's CM/ECF system. Signed by Judge Trevor N. McFadden on 5/4/2018. (lctnm2)

MINUTE ORDER granting the 8 Motion for Leave to Appear Pro Hac Vice of Attorney Emily Nix. Counsel shall promptly register for this Court's CM/ECF system. Signed by Judge Trevor N. McFadden on 5/4/2018. (lctnm2)

MINUTE ORDER granting the 9 Motion for Leave to Appear Pro Hac Vice of Attorney Sara M. Schaumburg. Counsel shall promptly register for this Court's CM/ECF system. Signed by Judge Trevor N. McFadden on 5/4/2018. (lctnm2)

MOTION to Consolidate Cases (Unopposed) by PLANNED PARENTHOOD ASSOCIATION OF UTAH, PLANNED PARENTHOOD OF GREATER OHIO, PLANNED PARENTHOOD OF WISCONSIN, INC. (Wolfson, Paul) (Entered: 05/04/2018)

NOTICE of Appearance by Kimberly A. Parker on behalf of PLANNED PARENTHOOD ASSOCIATION OF UTAH, PLANNED PARENTHOOD OF GREATER OHIO, PLANNED PARENTHOOD OF WISCONSIN, INC. (Parker, Kimberly) (Entered: 05/07/2018)

MINUTE ORDER granting the Plaintiffs' 14 Unopposed Motion to Consolidate Cases. It is hereby ORDERED that National Family Planning and Reproductive Health Association v. Azar et al., No. 18-cv-01036, and Planned Parenthood of Wisconsin, Inc., et al. v. Azar, et al., No. 18-cv-01035, are consolidated. As requested by the Plaintiffs in both actions and with the consent of the Government, the Clerk's Office shall close No. 18-cv-01036 and transfer those parties to No. 18-cv-01035; all filings shall be made only in No. 18-cv-01035 and parties shall NOT elect to spread text when filing on ECF, as this will result in repetitive docketing. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/7/2018. (lctnm2)

Case Consolidated. Cases 18cv1035 TNM and 18cv1036 TNM have been consolidated, pursuant to Minute Order entered 5/7/2018. From this date forward, all pleadings shall be filed ONLY in the lead case, Civil Action No.18cv1035 TNM. ALL filings shall be made only in No. 18-cv-01035 and parties shall NOT elect to spread text when filing on ECF, as this will result in repetitive docketing.(td)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 5/4/2018; VALERIE HUBER served on 5/4/2018 (Wolfson, Paul) (Entered: 05/08/2018)

NOTICE of Appearance by Alicia M. Hunt on behalf of ALEX M. AZAR, II, VALERIE HUBER (Hunt, Alicia) (Entered: 05/08/2018)

MOTION for Preliminary Injunction by PLANNED PARENTHOOD ASSOCIATION OF UTAH, PLANNED PARENTHOOD OF GREATER OHIO, PLANNED PARENTHOOD OF WISCONSIN, INC. (Attachments: # 1 Declaration Atkinson, # 2 Declaration Harvey, # 3 Declaration Galloway, # 4 Declaration Coleman, # 5 Declaration Thomas, # 6 Declaration Geoffray, # 7 Declaration Savitzky, # 8 Exhibit A, # 9 Exhibit B, # 10 Exhibit C, # 11 Exhibit D, # 12 Exhibit E, # 13 Exhibit F, # 14 Exhibit G, # 15 Exhibit H, # 16 Exhibit I, # 17 Exhibit J, # 18 Exhibit K, # 19 Exhibit L, # 20 Text of Proposed Order)(Wolfson, Paul) . (Entered: 05/08/2018)

1 Declaration Atkinson

View on PACER

2 Declaration Harvey

View on PACER

3 Declaration Galloway

View on PACER

4 Declaration Coleman

View on PACER

5 Declaration Thomas

View on PACER

6 Declaration Geoffray

View on PACER

7 Declaration Savitzky

View on PACER

8 Exhibit A

View on PACER

9 Exhibit B

View on PACER

10 Exhibit C

View on PACER

11 Exhibit D

View on PACER

12 Exhibit E

View on PACER

13 Exhibit F

View on PACER

14 Exhibit G

View on PACER

15 Exhibit H

View on PACER

16 Exhibit I

View on PACER

17 Exhibit J

View on PACER

18 Exhibit K

View on PACER

19 Exhibit L

View on PACER

20 Text of Proposed Order

View on PACER

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elizabeth Watson, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, 18th fl, New York, NY 10004. Phone No. - 2125492633. Fax No. - 2125492650 Filing fee $ 100, receipt number 0090-5472036. Fee Status: Fee Paid. by NATIONAL FAMILY PLANNING AND REPRODUCTIVE HEALTH ASSOCIATION (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 05/09/2018)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ruth E. Harlow, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, 18th fl, New York, NY 10004. Phone No. - 2125492633. Fax No. - 2125492650 Filing fee $ 100, receipt number 0090-5472164. Fee Status: Fee Paid. by NATIONAL FAMILY PLANNING AND REPRODUCTIVE HEALTH ASSOCIATION (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 05/09/2018)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jennifer Dalven, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, 18th fl, New York, NY 10004. Phone No. - 2125492633. Fax No. - 2125492650 Filing fee $ 100, receipt number 0090-5472222. Fee Status: Fee Paid. by NATIONAL FAMILY PLANNING AND REPRODUCTIVE HEALTH ASSOCIATION (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 05/09/2018)

Joint MOTION for Briefing Schedule (Stipulation and Joint Motion Regarding Scheduling) by PLANNED PARENTHOOD ASSOCIATION OF UTAH, PLANNED PARENTHOOD OF GREATER OHIO, PLANNED PARENTHOOD OF WISCONSIN, INC. (Attachments: # 1 Text of Proposed Order)(Parker, Kimberly) (Entered: 05/09/2018)

1 Text of Proposed Order

View on PACER

MINUTE ORDER granting the 19 Motion for Leave to Appear Pro Hac Vice of Attorney Elizabeth Watson. Counsel shall promptly register for this Court's CM/ECF system. Signed by Judge Trevor N. McFadden on 5/9/2018. (lctnm2)

MINUTE ORDER granting the 20 Motion for Leave to Appear Pro Hac Vice of Attorney Ruth E. Harlow. Counsel shall promptly register for this Court's CM/ECF system. Signed by Judge Trevor N. McFadden on 5/9/2018. (lctnm2)

MINUTE ORDER granting the 21 Motion for Leave to Appear Pro Hac Vice of Attorney Jennifer Dalven. Counsel shall promptly register for this Court's CM/ECF system. Signed by Judge Trevor N. McFadden on 5/9/2018. (lctnm2)

MINUTE ORDER. Upon consideration of the parties' 22 Stipulation and Joint Motion Regarding Scheduling, that motion is hereby GRANTED. Defendants shall file their opposition to the 18 Preliminary Injunction Motion, together with their cross-motion, on or before May 24, 2018. The Defendants shall serve the Administrative Record on Plaintiffs at the time they file their cross-motion. Plaintiffs' reply brief in support of their Preliminary Injunction Motion and their opposition to Defendants' cross-motion shall be filed on or before June 8, 2018. Defendants' reply brief in support of their cross-motion shall be filed on or before June 18, 2018. The parties shall appear for a motions hearing on June 21, 2018, at 10:00 a.m. in Courtroom 2, before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/9/2018. (lctnm2)

Set/Reset Deadlines/Hearings: Defendants' opposition to the Preliminary Injunction Motion and cross-motion due by 5/24/2018. Plaintiffs' reply in support of its Preliminary Injunction Motion and opposition to Defendants' cross-motion due by 6/8/2018. Defendants' reply in support of its cross-motion due by 6/18/2018. A motions hearing is scheduled for 6/21/2018, at 10:00 AM in Courtroom 2, before Judge Trevor N. McFadden. (hmc)

AMICUS BRIEF re 18 MOTION for Preliminary Injunction filed by PLANNED PARENTHOOD OF WISCONSIN, INC., PLANNED PARENTHOOD ASSOCIATION OF UTAH, PLANNED PARENTHOOD OF GREATER OHIO by STATE OF CALIFORNIA. (Eisenberg, Karli) Modified text on 5/16/2018 (td). (Entered: 05/15/2018)

NOTICE of Appearance by Jonathan Edward Jacobson on behalf of All Defendants (Jacobson, Jonathan) (Entered: 05/22/2018)

MOTION to Dismiss or for Summary Judgment and in Opposition to Plaintiffs' Motion for Preliminary Relief by ALEX M. AZAR, II, VALERIE HUBER (Attachments: # 1 Exhibit Index of Administrative Record, # 2 Declaration Kretschmaier, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Text of Proposed Order)(Hunt, Alicia). Added MOTION for Summary Judgment on 5/29/2018 (ztd). (Entered: 05/24/2018)

1 Exhibit Index of Administrative Record

View on PACER

2 Declaration Kretschmaier

View on PACER

3 Exhibit A

View on PACER

4 Exhibit B

View on PACER

5 Exhibit C

View on PACER

6 Exhibit D

View on PACER

7 Exhibit E

View on PACER

8 Exhibit F

View on PACER

9 Exhibit G

View on PACER

10 Exhibit H

View on PACER

11 Exhibit I

View on PACER

12 Exhibit J

View on PACER

13 Exhibit K

View on PACER

14 Exhibit L

View on PACER

15 Exhibit M

View on PACER

16 Exhibit N

View on PACER

17 Text of Proposed Order

View on PACER

Memorandum in opposition to re 18 MOTION for Preliminary Injunction filed by ALEX M. AZAR, II, VALERIE HUBER; (SEE DOCKET ENTRY NO. 25 TO VIEW.) (ztd) (Entered: 05/29/2018)

NOTICE OF ERROR re 25 Motion to Dismiss; emailed to Alicia.M.Hunt@usdoj.gov, cc'd 24 associated attorneys -- The PDF file you docketed contained errors: 1. If your document has multiple parts, counsel is reminded to docket all parts. As a courtesy, the Court has entered the 2 remaing parts of this filing. (ztd, )

Unopposed MOTION for Leave to File Consolidated Opposition and Reply Brief by PLANNED PARENTHOOD ASSOCIATION OF UTAH, PLANNED PARENTHOOD OF GREATER OHIO, PLANNED PARENTHOOD OF WISCONSIN, INC. (Attachments: # 1 Proposed Order)(Wolfson, Paul) (Entered: 06/06/2018)

Memorandum in opposition to re 25 MOTION to Dismiss or for Summary Judgment and in Opposition to Plaintiffs' Motion for Preliminary Relief MOTION for Summary Judgment filed by PLANNED PARENTHOOD ASSOCIATION OF UTAH, PLANNED PARENTHOOD OF GREATER OHIO, PLANNED PARENTHOOD OF WISCONSIN, INC.. (Attachments: # 1 Declaration of Kathleen T. Desilets, # 2 Declaration of Ari Savitzky, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H)(Wolfson, Paul) (Entered: 06/08/2018)

REPLY to opposition to motion re 18 MOTION for Preliminary Injunction filed by PLANNED PARENTHOOD ASSOCIATION OF UTAH, PLANNED PARENTHOOD OF GREATER OHIO, PLANNED PARENTHOOD OF WISCONSIN, INC.. (Attachments: # 1 Declaration Kathleen T. Desilets, # 2 Declaration Ari Savitzky, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H)(Wolfson, Paul) (Entered: 06/08/2018)

MINUTE ORDER. The Plaintiffs' 27 Unopposed Motion to File a Consolidated Opposition and Reply Brief is hereby GRANTED. The briefs filed as ECF Nos. 28 and 29 shall be considered a single, consolidated Opposition and Reply, in full compliance with Local Civil Rule 7(e). SO ORDERED. Signed by Judge Trevor N. McFadden on 6/14/2018. (lctnm2)

MINUTE ORDER setting a telephone conference for June 15, 2018 at 3:00 PM in Chambers before Judge Trevor N. McFadden. Dial-in information will be emailed to counsel. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/14/2018. (lctnm2)

Set/Reset Hearings: Telephone Conference set for 6/15/2018, at 3:00 PM in Chambers before Judge Trevor N. McFadden. (hmc)

Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephone Conference on the record held on 6/15/2018. (Court Reporter: Patricia Kaneshiro-Miller.) (hmc)

REPLY to opposition to motion re 25 MOTION to Dismiss or for Summary Judgment and in Opposition to Plaintiffs' Motion for Preliminary Relief MOTION for Summary Judgment filed by ALEX M. AZAR, II, VALERIE HUBER. (Attachments: # 1 Declaration Susan Moskosky)(Jacobson, Jonathan) (Entered: 06/18/2018)

Joint MOTION to Consolidate Plaintiffs' Motion for a Preliminary Injunction with the Merits by PLANNED PARENTHOOD ASSOCIATION OF UTAH, PLANNED PARENTHOOD OF GREATER OHIO, PLANNED PARENTHOOD OF WISCONSIN, INC. (Attachments: # 1 Text of Proposed Order)(Wolfson, Paul) (Entered: 06/19/2018)

NOTICE of Proposed Order re 18 by PLANNED PARENTHOOD ASSOCIATION OF UTAH, PLANNED PARENTHOOD OF GREATER OHIO, PLANNED PARENTHOOD OF WISCONSIN, INC. (Wolfson, Paul) (Entered: 06/19/2018)

JOINT APPENDIX by PLANNED PARENTHOOD ASSOCIATION OF UTAH, PLANNED PARENTHOOD OF GREATER OHIO, PLANNED PARENTHOOD OF WISCONSIN, INC.. (Wolfson, Paul) (Entered: 06/19/2018)

Minute Entry for proceedings held before Judge Trevor N. McFadden: Motion Hearing held on 6/21/2018 re 18 MOTION for Preliminary Injunction filed by PLANNED PARENTHOOD OF WISCONSIN, INC., PLANNED PARENTHOOD ASSOCIATION OF UTAH, PLANNED PARENTHOOD OF GREATER OHIO. Matter taken under advisement. (Court Reporter: Patricia Kaneshiro-Miller.) (hmc)

MINUTE ORDER. Upon consideration of the parties' 31 Joint Motion to Consolidate Plaintiffs' Motion for Preliminary Injunction with the merits, and good cause appearing, it is hereby ORDERED that Plaintiffs' Motion for a Preliminary Injunction be consolidated with the Court's hearing on the merits. It is further ORDERED that Plaintiffs' Motion for a Preliminary Injunction and Defendants' Motion to Dismiss or for Summary Judgment be considered as cross-motions for summary judgment. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/21/2018. (lctnm2)

TRANSCRIPT OF PROCEEDINGS before Judge Trevor N. McFadden held on June 21, 2018; Page Numbers: 1-90. Date of Issuance:July 9, 2018. Court Reporter/Transcriber Patricia A Kaneshiro-Miller, Telephone number 202-354-3243, Tape Number: Patricia_Kaneshiro-Miller@dcd.uscourts.gov. Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 7/30/2018. Redacted Transcript Deadline set for 8/9/2018. Release of Transcript Restriction set for 10/7/2018.(pk) (Entered: 07/09/2018)

VACATED PURSUANT TO MINUTE ORDER ENTERED ON 1/29/2020.....MEMORANDUM AND OPINION re Motions 18 and 25 , which are construed as cross-motions for summary judgment under the Court's June 21, 2018 Minute Order. Signed by Judge Trevor N. McFadden on 7/16/18. (lctnm1) Modified on 1/29/2020 (hmc).

ORDER denying Plaintiffs' 18 Motion for Summary Judgment and granting Defendants' 25 Motion for Summary Judgment. See attached Order for details. Signed by Judge Trevor N. McFadden on 7/16/18. (lctnm1) (Entered: 07/16/2018)

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 36 Order by PLANNED PARENTHOOD ASSOCIATION OF UTAH, PLANNED PARENTHOOD OF GREATER OHIO, PLANNED PARENTHOOD OF WISCONSIN, INC.. Filing fee $ 505, receipt number 0090-5591555. Fee Status: Fee Paid. Parties have been notified. (Wolfson, Paul) (Entered: 07/17/2018)

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date 7/17/18 re 37 Notice of Appeal to DC Circuit Court,. (ztd) (Entered: 07/17/2018)

NOTICE OF APPEAL TO DC CIRCUIT COURT by NATIONAL FAMILY PLANNING AND REPRODUCTIVE HEALTH ASSOCIATION. Filing fee $ 505, receipt number 0090-5592369. Fee Status: Fee Paid. Parties have been notified. Associated Cases: 1:18-cv-01035-TNM, 1:18-cv-01036-TNM(Spitzer, Arthur) (Entered: 07/17/2018)

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re (39 in 1:18-cv-01035-TNM, 6 in 1:18-cv-01036-TNM) Notice of Appeal to DC Circuit Court,. Associated Cases: 1:18-cv-01035-TNM, 1:18-cv-01036-TNM(jf) (Entered: 07/18/2018)

Emergency MOTION for Preliminary Injunction Pending Appeal and for an Expedited Response by the Government by PLANNED PARENTHOOD ASSOCIATION OF UTAH, PLANNED PARENTHOOD OF GREATER OHIO, PLANNED PARENTHOOD OF WISCONSIN, INC. (Attachments: # 1 Text of Proposed Order)(Wolfson, Paul). Added MOTION to Expedite on 7/25/2018 (znmw). (Entered: 07/18/2018)

1 Text of Proposed Order

View on PACER

RESPONSE re 41 MOTION to Expedite Expedited Response by the Government filed by ALEX M. AZAR, II, VALERIE HUBER. (Attachments: # 1 Text of Proposed Order)(Hunt, Alicia) Modified docket text on 7/25/2018 (znmw). (Entered: 07/18/2018)

MINUTE ORDER setting a teleconference for July 19, 2018 at 9:00 a.m., in chambers before Judge Trevor N. McFadden. Dial-in information has been sent to counsel. Signed by Judge Trevor N. McFadden on 7/18/2018. (lctnm2)

Set/Reset Hearings: Telephone Conference set for 7/19/2018, at 9:00 AM in Chambers before Judge Trevor N. McFadden. (hmc)

Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephone Conference on the record held on 7/19/2018. Order forthcoming. (Court Reporter: Lisa Moreira.) (hmc)

MINUTE ORDER. As stated in the telephone conference, the Government shall file any opposition to the 41 Emergency Motion for Preliminary Injunction by July 23, 2018, at 5:00 p.m. The parties are hereby ORDERED to appear for a hearing on the 41 Emergency Motion on July 24, 2018, at 3:00 p.m. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/19/18. (lctnm1)

Set/Reset Deadlines/Hearings: Government's opposition to the Plaintiffs' 41 Motion due by 7/23/2018, at 5:00 PM. Emergency Motion Hearing scheduled for 7/24/2018, at 3:00 PM in Courtroom 2, before Judge Trevor N. McFadden. (hmc)

USCA Case Number 18-5218 for 39 Notice of Appeal to DC Circuit Court, filed by NATIONAL FAMILY PLANNING AND REPRODUCTIVE HEALTH ASSOCIATION. (zrdj)

RESPONSE re 41 Emergency MOTION for Preliminary Injunction Pending Appeal and for an Expedited Response by the Government filed by ALEX M. AZAR, II, VALERIE HUBER. (Attachments: # 1 Text of Proposed Order)(Jacobson, Jonathan) (Entered: 07/23/2018)

Minute Entry for proceedings held before Judge Trevor N. McFadden: Motion Hearing held on 7/24/2018 re 41 Emergency MOTION for Preliminary Injunction Pending Appeal and for an Expedited Response by the Government filed by PLANNED PARENTHOOD OF WISCONSIN, INC., PLANNED PARENTHOOD ASSOCIATION OF UTAH, PLANNED PARENTHOOD OF GREATER OHIO. Matter taken under advisement. A Status Conference for oral ruling is scheduled for 7/25/2018, at 3:00 PM in Courtroom 2, before Judge Trevor N. McFadden. (Court Reporter: Patricia Kaneshiro-Miller.) (hmc)

Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference for oral ruling held on 7/25/2018. For the reasons stated on the record, the Plaintiffs' 41 Emergency Motion for Preliminary Injunction Pending Appeal is DENIED. Order forthcoming. (Court Reporter: Patricia Kaneshiro-Miller.) (hmc)

ORDER denying Plaintiffs' 41 Motion for Injunction Pending Appeal, for the reasons stated on the record. See Order for details. Signed by Judge Trevor N. McFadden on 7/25/2018. (lctnm2) (Entered: 07/25/2018)

TRANSCRIPT OF PROCEEDINGS before Judge Trevor N. McFadden held on July 24, 2018; Page Numbers: 1-55. Date of Issuance:July 26, 2018. Court Reporter/Transcriber Patricia A Kaneshiro-Miller, Telephone number 202-354-3243, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 8/16/2018. Redacted Transcript Deadline set for 8/26/2018. Release of Transcript Restriction set for 10/24/2018.(pk) (Entered: 07/26/2018)

TRANSCRIPT OF PROCEEDINGS before Judge Trevor N. McFadden held on July 25, 2018; Page Numbers: 1-25. Date of Issuance:July 26, 2018. Court Reporter/Transcriber Patricia A Kaneshiro-Miller, Telephone number 202-354-3243, Tape Number: Patricia_Kaneshiro-Miller@dcd.uscourts.gov. Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 8/16/2018. Redacted Transcript Deadline set for 8/26/2018. Release of Transcript Restriction set for 10/24/2018.(pk) (Entered: 07/26/2018)

MANDATE of USCA as to (39 in 1:18-cv-01035-TNM, 6 in 1:18-cv-01036-TNM) Notice of Appeal to DC Circuit Court, filed by NATIONAL FAMILY PLANNING AND REPRODUCTIVE HEALTH ASSOCIATION ; USCA Case Number 18-5218 Consolidated with 18-5219. (Attachments: # 1 USCA Judgment)(zrdj) (Entered: 01/29/2020)

.Order

MINUTE ORDER. In accordance with the judgment of the Court of Appeals, see ECF No. 47-1, the 35 Memorandum Opinion and 36 Order are hereby VACATED. This case is DISMISSED AS MOOT. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/29/2020. (lctnm2)