Case: Bella Health and Wellness v. Weiser

1:23-cv-00939 | U.S. District Court for the District of Colorado

Filed Date: April 14, 2023

Case Ongoing

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Case Summary

On April 14, 2023, plaintiffs — a Catholic medical center and its founders and healthcare practitioners — filed a complaint against the Attorney General of Colorado, the Colorado Medical Board, the State Board of Nursing, and various District Attorneys in the state in the U.S. District Court for Colorado. The complaint took issue with a Colorado law, SB 23-190, that aimed to stop deceptive trade practices and unprofessional conduct with respect to the provision of abortion services and medication abortion reversal. Plaintiffs contended that SB 23-190 made it illegal to give progesterone (a hormone used to treat women facing potential miscarriages) to women who initially took mifepristone, an abortion-inducing drug, but decided to remain pregnant; in other words, made it illegal to administer an abortion reversal. The complaint alleged that the law violated the First Amendment’s Free Exercise Clause since the law was not generally applicable nor religiously-neutral. The complaint further alleged that the law engages in content and viewpoint discrimination, thereby violating the Free Speech Clause, by targeting its speech restrictions at “anti-abortion centers.” The complaint also took issue with the law on the Fourteenth Amendment’s Due Process and Equal Protections grounds, alleging that the law subverts patient autonomy and destroys the possibility of authentic patient consent and denies women who have changed their mind about abortion the ability to receive progesterone unlike others who face threatened miscarriages. The complaint also asserted that the law is void for vagueness. Represented by the Becket Fund for Religious Liberty, the plaintiffs sought declaratory and injunctive relief. The case was assigned to Judge Daniel D. Domenico.

Plaintiffs also filed an Emergency Motion for a Temporary Restraining Order (TRO) and Preliminary Injunction on April 14, 2023 to bar Defendants from enforcing SB 23-190. On April 15, 2023, the motion was granted in part. 669 F.Supp.3d 1125. As a result, the defendants were temporarily restrained from enforcing the bill against the plaintiffs until the defendants would be heard in opposition and the propriety of continuing with a preliminary injunction could be determined. The Court found that the plaintiffs made a sufficient showing that SB 23-109 burdened their First Amendment rights. The TRO was granted for fourteen days.

Following a hearing on April 24, 2023, the Court denied the plaintiff’s motion for a preliminary injunction on April 28, 2023. The TRO was also dissolved. The Court determined that a preliminary injunction was not necessary nor appropriate because the defendants represented to the Court that they treated SB 23-190 as if it were not in effect and pre-existing law had not been changed. Since no irreparable harm could be faced by the plaintiffs under this status quo, the standard to obtain a preliminary injunction was not met. The Court ordered for status reports to be provided by the defendants should any progress be made regarding rulemaking related to SB 23-190.

On June 8, 2023, the defendants filed a motion to stay proceedings due to upcoming rulemaking regarding SB 23-190 that they claimed would resolve or modify the issues underlying the plaintiffs’ complaint.

On May 30, 2023, one of the District Attorney defendants, Beth McAnn, filed a motion to dismiss on grounds that the plaintiffs did not have standing due to the defendant’s declaration of intent not to enforce the bill. Another District Attorney defendant, John Kellner, filed a motion to dismiss on the same grounds on June 20, 2023. On June 20, the Attorney General also filed a motion to dismiss for failure to state a claim and lack of subject-matter jurisdiction.

On August 17, 2023, the State Medical Board adopted final rules implementing SB 23-190 on a permanent and emergency basis. The new rules effectively amount the administration of medication abortion reversal to “unprofessional conduct” under the state’s medical licensing laws, subjecting doctors and nurses to discipline and the possible loss of their medical license. Though, the rule did not find such administration per-se illegal. Given the new rules, the defendants’ motion to stay proceedings was dismissed on September 14, 2023. The Court ordered the plaintiffs to file an amended complaint and any renewed preliminary injunction motion.

The plaintiffs filed a renewed preliminary injunction motion on September 22, 2023 seeking to bar the defendants from enforcing SB 23-190. An amended complaint was filed on September 27, 2023 re-alleging the same arguments, but with the addition of new facts including the new rules implementing SB 23-190.

On October 2, 2023, the Attorney General moved to dismiss the complaint given that Bella Health was no longer in operation and because the District Attorney determined that facility did not violate the law. The State Board of Nursing then moved to dismiss the complaint on October 11, 2023.

On October 21, 2023, the Court dismissed the complaint as to the district attorney-defendants due to a lack of standing. 2023 WL 6996860. As to the preliminary injunction, the Court granted the plaintiffs’ motion for the law burdened the medical clinic’s religious practices or beliefs in a non-neutral nor generally applicable manner. The Court enjoined the defendants from taking any enforcement action under SB 23-190 against the plaintiffs and those acting in concert with them regarding abortion pill reversal treatment or based on the use “comprehensive, life-affirming OB-GYN practice” and other such phrases.

	Document
1 1:23-cv-00939	Verified Complaint	April 14, 2023	April 14, 2023 Complaint
8 1:23-cv-00939	Order Granting in Part Plaintiffs’ Motion for Temporary Restraining Order	April 15, 2023	April 15, 2023 Order/Opinion 669 F.Supp.3d 1125
48 1:23-cv-00939	Order Denying Plaintiffs' Motion for a Preliminary Injunction	April 28, 2023	April 28, 2023 Order/Opinion
94 1:23-cv-00939	First Amended Verified Complaint	Sept. 27, 2023	Sept. 27, 2023 Complaint
113 1:23-cv-00939	Order Regarding Motion to Dismiss and Motion for Preliminary Injunction	Oct. 21, 2023	Oct. 21, 2023 Order/Opinion 2023 WL 6996860

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants (Filing fee $ 402,Receipt Number BCODC-9048309)Attorney Mark Leonard Rienzi added to party BELLA HEALTH AND WELLNESS(pty:pla), Attorney Mark Leonard Rienzi added to party DENISE "DEDE" CHISM(pty:pla), Attorney Mark Leonard Rienzi added to party KATHLEEN SANDER(pty:pla), Attorney Mark Leonard Rienzi added to party ABBY SINNETT(pty:pla), filed by DENISE "DEDE" CHISM, BELLA HEALTH AND WELLNESS, ABBY SINNETT, KATHLEEN SANDER. (Attachments: # 1 Exhibit A- Provider Ethical Agreement, # 2 Exhibit B - 2022 Practice Agreements & Financial Policies, # 3 Exhibit C - Mission Story, BellaWellness.org, # 4 Exhibit D - FAQs, BellaWellness.org, # 5 Exhibit E - Bella Social Media, # 6 Exhibit F - SB 23-190, # 7 Exhibit G - Excerpts from Press Conference on the Introduction of SB 23-190, # 8 Exhibit H - Excerpts from Senate Judiciary Hearing On SB23-190, # 9 Exhibit I - Excerpts from Senate Second and Third Reading of SB23-190, # 10 Exhibit J - Excerpts from House Judiciary Hearing on SB23-190, # 11 Exhibit K - Excerpts from House Third Reading of SB23-190 Transcript, # 12 Exhibit L - Excerpts from House Third Reading of SB 23-190 (April 1, 2023), # 13 Civil Cover Sheet)(Rienzi, Mark) (Entered: 04/14/2023) 1 Exhibit A- Provider Ethical Agreement View on RECAP 2 Exhibit B - 2022 Practice Agreements & Financial Policies View on RECAP 3 Exhibit C - Mission Story, BellaWellness.org View on RECAP 4 Exhibit D - FAQs, BellaWellness.org View on RECAP 5 Exhibit E - Bella Social Media View on RECAP 6 Exhibit F - SB 23-190 View on RECAP 7 Exhibit G - Excerpts from Press Conference on the Introduction of SB 23-190 View on RECAP 8 Exhibit H - Excerpts from Senate Judiciary Hearing On SB23-190 View on RECAP 9 Exhibit I - Excerpts from Senate Second and Third Reading of SB23-190 View on RECAP 10 Exhibit J - Excerpts from House Judiciary Hearing on SB23-190 View on RECAP 11 Exhibit K - Excerpts from House Third Reading of SB23-190 Transcript View on RECAP 12 Exhibit L - Excerpts from House Third Reading of SB 23-190 (April 1, 2023) View on RECAP 13 Civil Cover Sheet View on RECAP	April 14, 2023	April 14, 2023 RECAP
2	CORPORATE DISCLOSURE STATEMENT. (Rienzi, Mark) (Entered: 04/14/2023)	April 14, 2023	April 14, 2023 PACER
3	NOTICE of Entry of Appearance by Daniel Matthew Vitagliano on behalf of All Plaintiffs Attorney Daniel Matthew Vitagliano added to party BELLA HEALTH AND WELLNESS(pty:pla), Attorney Daniel Matthew Vitagliano added to party DENISE "DEDE" CHISM(pty:pla), Attorney Daniel Matthew Vitagliano added to party KATHLEEN SANDER(pty:pla), Attorney Daniel Matthew Vitagliano added to party ABBY SINNETT(pty:pla) (Vitagliano, Daniel) (Entered: 04/14/2023)	April 14, 2023	April 14, 2023 RECAP
4	NOTICE of Entry of Appearance by Rebekah Perry Ricketts on behalf of All Plaintiffs Attorney Rebekah Perry Ricketts added to party BELLA HEALTH AND WELLNESS(pty:pla), Attorney Rebekah Perry Ricketts added to party DENISE "DEDE" CHISM(pty:pla), Attorney Rebekah Perry Ricketts added to party KATHLEEN SANDER(pty:pla), Attorney Rebekah Perry Ricketts added to party ABBY SINNETT(pty:pla) (Ricketts, Rebekah) (Entered: 04/14/2023)	April 14, 2023	April 14, 2023 PACER
5	NOTICE of Entry of Appearance by Laura Wolk Slavis on behalf of All Plaintiffs Attorney Laura Wolk Slavis added to party BELLA HEALTH AND WELLNESS(pty:pla), Attorney Laura Wolk Slavis added to party DENISE "DEDE" CHISM(pty:pla), Attorney Laura Wolk Slavis added to party KATHLEEN SANDER(pty:pla), Attorney Laura Wolk Slavis added to party ABBY SINNETT(pty:pla) (Slavis, Laura) (Entered: 04/14/2023)	April 14, 2023	April 14, 2023 PACER
6	Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (blaws) (Entered: 04/14/2023)	April 14, 2023	April 14, 2023 PACER
7	Emergency MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Plaintiffs BELLA HEALTH AND WELLNESS, DENISE "DEDE" CHISM, KATHLEEN SANDER, ABBY SINNETT. (Attachments: # 1 Proposed Order (PDF Only) Proposed Temporary Restraining Order and Order to Show Cause, # 2 Temporary Restraining Order Information)(Rienzi, Mark) (Entered: 04/14/2023) 1 Proposed Order (PDF Only) Proposed Temporary Restraining Order and Order to Show View on RECAP 2 Temporary Restraining Order Information View on RECAP	April 14, 2023	April 14, 2023 RECAP
8	ORDER GRANTING IN PART 7 Plaintiffs' Motion for Temporary Restraining Order.It is ORDERED that Plaintiffs' Emergency Motion for a Temporary Restraining Order and Preliminary Injunction, Doc. 7, is GRANTED IN PART as to the request for a temporary restraining order and TAKEN UNDER ADVISEMENT as to the request for a preliminary injunction.It is FURTHER ORDERED that the defendants and their officers, agents, servants, employees, attorneys, and any other persons who are in active concert or participation with them who receive actual notice of this Order by personal service or otherwise are TEMPORARILY RESTRAINED from enforcing Senate Bill 23-190 against the plaintiffs. Pursuant to Federal Rule of Civil Procedure 65(b)(2), this temporary restraining order will expire fourteen days after entry, unless the Court extends it for good cause before that time or the Court grants a motion to dissolve or modify it pursuant to Federal Rule of Civil Procedure 65(b)(4).It is FURTHER ORDERED that a Preliminary Injunction Hearing is SET for 4/24/2023 at 09:30 AM in Courtroom A1002 before Judge Daniel D. Domenico, at which the defendants must SHOW CAUSE why the Court should not enter a preliminary injunction extending the injunctive relief set forth in this Order until final adjudication of this case on the merits. PLEASE SEE ORDER FOR ADDITONAL INFORMATION.By Judge Daniel D. Domenico on 4/15/2023. (dddlc1, ) (Entered: 04/15/2023)	April 15, 2023	April 15, 2023 RECAP
9	ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 4/15/2023. Text Only Entry (dddlc1, ) (Entered: 04/15/2023)	April 15, 2023	April 15, 2023 PACER
	Order Referring Case to Magistrate Judge	April 15, 2023	April 15, 2023 PACER
10	SUMMONS REQUEST as to John Kellner by Plaintiffs BELLA HEALTH AND WELLNESS, DENISE "DEDE" CHISM, KATHLEEN SANDER, ABBY SINNETT. (Rienzi, Mark) (Entered: 04/16/2023)	April 16, 2023	April 16, 2023 PACER
11	SUMMONS REQUEST as to Michael Dougherty by Plaintiffs BELLA HEALTH AND WELLNESS, DENISE "DEDE" CHISM, KATHLEEN SANDER, ABBY SINNETT. (Rienzi, Mark) (Entered: 04/16/2023)	April 16, 2023	April 16, 2023 PACER
12	SUMMONS REQUEST as to Beth McCann by Plaintiffs BELLA HEALTH AND WELLNESS, DENISE "DEDE" CHISM, KATHLEEN SANDER, ABBY SINNETT. (Rienzi, Mark) (Entered: 04/16/2023)	April 16, 2023	April 16, 2023 PACER
13	SUMMONS issued by Clerk. (trvo, ) (Entered: 04/17/2023)	April 17, 2023	April 17, 2023 PACER
14	Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (blaws) (Entered: 04/17/2023)	April 17, 2023	April 17, 2023 PACER
15	WAIVER OF SERVICE Returned Executed by Denise DeDe Chism, Bella Health and Wellness, Abby Sinnett, Kathleen Sander. Christopher A. Bates waiver sent on 4/16/2023, answer due 6/15/2023; Jennifer Blair waiver sent on 4/16/2023, answer due 6/15/2023; Amy E. Colen waiver sent on 4/16/2023, answer due 6/15/2023; Beckett Czarnecki waiver sent on 4/16/2023, answer due 6/15/2023; Roland Flores waiver sent on 4/16/2023, answer due 6/15/2023; Julie Ann Harper waiver sent on 4/16/2023, answer due 6/15/2023; Anita Kumar waiver sent on 4/16/2023, answer due 6/15/2023; Donald Lefkowits waiver sent on 4/16/2023, answer due 6/15/2023; Hien H. Ly waiver sent on 4/16/2023, answer due 6/15/2023; Robert M. Maulitz waiver sent on 4/16/2023, answer due 6/15/2023; Maidul Mehmud waiver sent on 4/16/2023, answer due 6/15/2023; Amanda Mixon waiver sent on 4/16/2023, answer due 6/15/2023; Kian Modanlou waiver sent on 4/16/2023, answer due 6/15/2023; Saughar Samali waiver sent on 4/16/2023, answer due 6/15/2023; Kiely M. Schultz waiver sent on 4/16/2023, answer due 6/15/2023; Alan E. Shackelford waiver sent on 4/16/2023, answer due 6/15/2023; Scott C. Strauss waiver sent on 4/16/2023, answer due 6/15/2023; Phil Weiser waiver sent on 4/16/2023, answer due 6/15/2023. (Attachments: # 1 Waiver of the Service of Summons - Amanda Mixon, # 2 Waiver of the Service of Summons - Amy E. Colen, # 3 Waiver of the Service of Summons - Anita Kumar, # 4 Waiver of the Service of Summons - Beckett Czarecki, # 5 Waiver of the Service of Summons - Christopher A. Bates, # 6 Waiver of the Service of Summons - Donald Lefkowits, # 7 Waiver of the Service of Summons - Hien H. Ly, # 8 Waiver of the Service of Summons - Jennifer Blair, # 9 Waiver of the Service of Summons - Julie Ann Harper, # 10 Waiver of the Service of Summons - Kian Modanlou, # 11 Waiver of the Service of Summons - Kiely M. Schultz, # 12 Waiver of the Service of Summons - Maidul Mehmud, # 13 Waiver of the Service of Summons - Robert M. Maulitz, # 14 Waiver of the Service of Summons - Roland Flores, # 15 Waiver of the Service of Summons - Saughar Samali, # 16 Waiver of the Service of Summons - Scott C. Strauss, # 17 Waiver of the Service of Summons - Phil Weiser)(Rienzi, Mark) (Entered: 04/17/2023) 1 Waiver of the Service of Summons - Amanda Mixon View on PACER 2 Waiver of the Service of Summons - Amy E. Colen View on PACER 3 Waiver of the Service of Summons - Anita Kumar View on PACER 4 Waiver of the Service of Summons - Beckett Czarecki View on PACER 5 Waiver of the Service of Summons - Christopher A. Bates View on PACER 6 Waiver of the Service of Summons - Donald Lefkowits View on PACER 7 Waiver of the Service of Summons - Hien H. Ly View on PACER 8 Waiver of the Service of Summons - Jennifer Blair View on PACER 9 Waiver of the Service of Summons - Julie Ann Harper View on PACER 10 Waiver of the Service of Summons - Kian Modanlou View on PACER 11 Waiver of the Service of Summons - Kiely M. Schultz View on PACER 12 Waiver of the Service of Summons - Maidul Mehmud View on PACER 13 Waiver of the Service of Summons - Robert M. Maulitz View on PACER 14 Waiver of the Service of Summons - Roland Flores View on PACER 15 Waiver of the Service of Summons - Saughar Samali View on PACER 16 Waiver of the Service of Summons - Scott C. Strauss View on PACER 17 Waiver of the Service of Summons - Phil Weiser View on PACER	April 17, 2023	April 17, 2023 PACER
16	SUMMONS Returned Executed by Denise DeDe Chism, Bella Health and Wellness, Abby Sinnett, Kathleen Sander. Michael Dougherty served on 4/17/2023, answer due 5/8/2023. (Rienzi, Mark) (Entered: 04/17/2023)	April 17, 2023	April 17, 2023 PACER
17	SUMMONS Returned Executed by All Plaintiffs. John Kellner served on 4/17/2023, answer due 5/8/2023. (Rienzi, Mark) (Entered: 04/17/2023)	April 17, 2023	April 17, 2023 PACER
18	SUMMONS Returned Executed by All Plaintiffs. Beth McCann served on 4/17/2023, answer due 5/8/2023. (Rienzi, Mark) (Entered: 04/17/2023)	April 17, 2023	April 17, 2023 PACER
19	NOTICE of Entry of Appearance by Michael T. Kotlarczyk on behalf of Phil WeiserAttorney Michael T. Kotlarczyk added to party Phil Weiser(pty:dft) (Kotlarczyk, Michael) (Entered: 04/18/2023)	April 18, 2023	April 18, 2023 PACER
20	NOTICE of Entry of Appearance by Grant T. Sullivan on behalf of Phil WeiserAttorney Grant T. Sullivan added to party Phil Weiser(pty:dft) (Sullivan, Grant) (Entered: 04/18/2023)	April 18, 2023	April 18, 2023 PACER
21	NOTICE of Entry of Appearance by Ann Bronwen Tomsic on behalf of All Defendants Attorney Ann Bronwen Tomsic added to party John Kellner(pty:dft) (Tomsic, Ann) (Entered: 04/18/2023)	April 18, 2023	April 18, 2023 PACER
22	WAIVER OF SERVICE Returned Executed by Denise DeDe Chism, Bella Health and Wellness, Abby Sinnett, Kathleen Sander. Nichele Bratton waiver sent on 4/16/2023, answer due 6/15/2023; Bernard Joseph Franta waiver sent on 4/16/2023, answer due 6/15/2023; Phyllis Graham-Dickerson waiver sent on 4/16/2023, answer due 6/15/2023; Lori Rae Hamilton waiver sent on 4/16/2023, answer due 6/15/2023; Hayley Hitchcock waiver sent on 4/16/2023, answer due 6/15/2023; Brandy Valdez Murphy waiver sent on 4/16/2023, answer due 6/15/2023; Aecian Pendleton waiver sent on 4/16/2023, answer due 6/15/2023; Diane Reinhard waiver sent on 4/16/2023, answer due 6/15/2023; Lenny Rothermund waiver sent on 4/16/2023, answer due 6/15/2023; Alissa M. Shelton waiver sent on 4/16/2023, answer due 6/15/2023; Karrie Tomlin waiver sent on 4/16/2023, answer due 6/15/2023. (Attachments: # 1 Waiver of the Service of Summons - Alissa M. Shelton, # 2 Waiver of the Service of Summons - Bernard Joseph Franta, # 3 Waiver of the Service of Summons - Brandy Valdez Murphy, # 4 Waiver of the Service of Summons - Diane Reinhard, # 5 Waiver of the Service of Summons - Hayley Hitchcock, # 6 Waiver of the Service of Summons - Karrie Tomlin, # 7 Waiver of the Service of Summons - Lenny Rothermund, # 8 Waiver of the Service of Summons - Lori Rae Hamilton, # 9 Waiver of the Service of Summons - Nichele Bratton, # 10 Waiver of the Service of Summons - Phyllis Graham-Dickerson)(Rienzi, Mark) (Entered: 04/19/2023) 1 Waiver of the Service of Summons - Alissa M. Shelton View on PACER 2 Waiver of the Service of Summons - Bernard Joseph Franta View on PACER 3 Waiver of the Service of Summons - Brandy Valdez Murphy View on PACER 4 Waiver of the Service of Summons - Diane Reinhard View on PACER 5 Waiver of the Service of Summons - Hayley Hitchcock View on PACER 6 Waiver of the Service of Summons - Karrie Tomlin View on PACER 7 Waiver of the Service of Summons - Lenny Rothermund View on PACER 8 Waiver of the Service of Summons - Lori Rae Hamilton View on PACER 9 Waiver of the Service of Summons - Nichele Bratton View on PACER 10 Waiver of the Service of Summons - Phyllis Graham-Dickerson View on PACER	April 19, 2023	April 19, 2023 PACER
23	ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 21 Notice of Entry of Appearance filed by attorney Ann Bronwen Tomsic. The format for the attorney's signature block is not correct. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil Cases). (Text Only Entry) (athom, ) (Entered: 04/19/2023)	April 19, 2023	April 19, 2023 PACER
24	NOTICE of Entry of Appearance by David Evan Hughes on behalf of Michael DoughertyAttorney David Evan Hughes added to party Michael Dougherty(pty:dft) (Hughes, David) (Entered: 04/19/2023)	April 19, 2023	April 19, 2023 PACER
25	NOTICE of Entry of Appearance by Catherine R. Ruhland on behalf of Michael DoughertyAttorney Catherine R. Ruhland added to party Michael Dougherty(pty:dft) (Ruhland, Catherine) (Entered: 04/19/2023)	April 19, 2023	April 19, 2023 PACER
26	NOTICE of Entry of Appearance by Andrew David Ringel on behalf of Beth McCannAttorney Andrew David Ringel added to party Beth McCann(pty:dft) (Ringel, Andrew) (Entered: 04/20/2023)	April 20, 2023	April 20, 2023 RECAP
27	NOTICE of Non-Participation from Defendant Beth McCann by Defendant Beth McCann (Ringel, Andrew) (Entered: 04/20/2023)	April 20, 2023	April 20, 2023 RECAP
28	NOTICE of Entry of Appearance by Brian J. Urankar on behalf of Christopher A. Bates, Jennifer Blair, Amy E. Colen, Beckett Czarnecki, Roland Flores, Julie Ann Harper, Anita Kumar, Donald Lefkowits, Hien H. Ly, Robert M. Maulitz, Maidul Mehmud, Amanda Mixon, Kian Modanlou, Saughar Samali, Kiely M. Schultz, Alan E. Shackelford, Scott C. StraussAttorney Brian J. Urankar added to party Christopher A. Bates(pty:dft), Attorney Brian J. Urankar added to party Jennifer Blair(pty:dft), Attorney Brian J. Urankar added to party Amy E. Colen(pty:dft), Attorney Brian J. Urankar added to party Beckett Czarnecki(pty:dft), Attorney Brian J. Urankar added to party Roland Flores(pty:dft), Attorney Brian J. Urankar added to party Julie Ann Harper(pty:dft), Attorney Brian J. Urankar added to party Anita Kumar(pty:dft), Attorney Brian J. Urankar added to party Donald Lefkowits(pty:dft), Attorney Brian J. Urankar added to party Hien H. Ly(pty:dft), Attorney Brian J. Urankar added to party Robert M. Maulitz(pty:dft), Attorney Brian J. Urankar added to party Maidul Mehmud(pty:dft), Attorney Brian J. Urankar added to party Amanda Mixon(pty:dft), Attorney Brian J. Urankar added to party Kian Modanlou(pty:dft), Attorney Brian J. Urankar added to party Saughar Samali(pty:dft), Attorney Brian J. Urankar added to party Kiely M. Schultz(pty:dft), Attorney Brian J. Urankar added to party Alan E. Shackelford(pty:dft), Attorney Brian J. Urankar added to party Scott C. Strauss(pty:dft) (Urankar, Brian) (Entered: 04/20/2023)	April 20, 2023	April 20, 2023 PACER
29	NOTICE of Entry of Appearance by Abigail M. Hinchcliff on behalf of Phil WeiserAttorney Abigail M. Hinchcliff added to party Phil Weiser(pty:dft) (Hinchcliff, Abigail) (Entered: 04/20/2023)	April 20, 2023	April 20, 2023 PACER
30	RESPONSE to 7 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendant John Kellner. (Tomsic, Ann) (Entered: 04/20/2023)	April 20, 2023	April 20, 2023 RECAP
31	NOTICE of Entry of Appearance by Elizabeth V. Kenny on behalf of Nichele Bratton, Bernard Joseph Franta, Phyllis Graham-Dickerson, Lori Rae Hamilton, Hayley Hitchcock, Brandy Valdez Murphy, Aecian Pendleton, Diane Reinhard, Lenny Rothermund, Alissa M. Shelton, Karrie TomlinAttorney Elizabeth V. Kenny added to party Nichele Bratton(pty:dft), Attorney Elizabeth V. Kenny added to party Bernard Joseph Franta(pty:dft), Attorney Elizabeth V. Kenny added to party Phyllis Graham-Dickerson(pty:dft), Attorney Elizabeth V. Kenny added to party Lori Rae Hamilton(pty:dft), Attorney Elizabeth V. Kenny added to party Hayley Hitchcock(pty:dft), Attorney Elizabeth V. Kenny added to party Brandy Valdez Murphy(pty:dft), Attorney Elizabeth V. Kenny added to party Aecian Pendleton(pty:dft), Attorney Elizabeth V. Kenny added to party Diane Reinhard(pty:dft), Attorney Elizabeth V. Kenny added to party Lenny Rothermund(pty:dft), Attorney Elizabeth V. Kenny added to party Alissa M. Shelton(pty:dft), Attorney Elizabeth V. Kenny added to party Karrie Tomlin(pty:dft) (Kenny, Elizabeth) (Entered: 04/20/2023)	April 20, 2023	April 20, 2023 PACER
32	RESPONSE to 7 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction STATE DEFENDANTS RESPONSE TO EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION filed by Defendant Phil Weiser. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Sullivan, Grant) (Entered: 04/20/2023) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP 3 Exhibit 3 View on RECAP 4 Exhibit 4 View on RECAP 5 Exhibit 5 View on RECAP	April 20, 2023	April 20, 2023 RECAP
33	RESPONSE to 7 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendant Michael Dougherty. (Ruhland, Catherine) (Entered: 04/20/2023)	April 20, 2023	April 20, 2023 RECAP
34	DECLARATION of Denise Chism by Plaintiffs Bella Health and Wellness, Denise DeDe Chism, Kathleen Sander, Abby Sinnett. (Attachments: # 1 Exhibit A - Bella Health FAQ Page, # 2 Exhibit B - Bella Health APR Info Page, # 3 Exhibit C - Bella Health APR Social Media Posts, # 4 Exhibit D - Screenshot of Ultrasound, # 5 Exhibit E - Video of Ultrasound)(Rienzi, Mark) (Entered: 04/21/2023) 1 Exhibit A - Bella Health FAQ Page View on RECAP 2 Exhibit B - Bella Health APR Info Page View on RECAP 3 Exhibit C - Bella Health APR Social Media Posts View on RECAP 4 Exhibit D - Screenshot of Ultrasound View on RECAP 5 Exhibit E - Video of Ultrasound View on RECAP	April 21, 2023	April 21, 2023 RECAP
35	DECLARATION of Robert M. Russel by Defendant Phil Weiser. (Kotlarczyk, Michael) (Entered: 04/21/2023)	April 21, 2023	April 21, 2023 PACER
36	DECLARATION of Ryan Day by Defendant Phil Weiser. (Kotlarczyk, Michael) (Entered: 04/21/2023)	April 21, 2023	April 21, 2023 PACER
37	Witness List by Defendant Phil Weiser. (Kotlarczyk, Michael) (Entered: 04/21/2023)	April 21, 2023	April 21, 2023 PACER
38	Exhibit List by Plaintiffs Bella Health and Wellness, Denise DeDe Chism, Kathleen Sander, Abby Sinnett. (Rienzi, Mark) (Entered: 04/21/2023)	April 21, 2023	April 21, 2023 RECAP
39	Exhibit List for State Defendants by Defendant Phil Weiser. (Kotlarczyk, Michael) (Entered: 04/21/2023)	April 21, 2023	April 21, 2023 RECAP

Case: Bella Health and Wellness v. Weiser

1:23-cv-00939 | U.S. District Court for the District of Colorado

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