Case: Planned Parenthood of Arkansas and Eastern Oklahoma v. Jegley

4:15-cv-00784 | U.S. District Court for the Eastern District of Arkansas

Filed Date: Dec. 28, 2015

Closed Date: Aug. 2, 2022

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Case Summary

In 2015, Arkansas enacted the Abortion-Inducing Drugs Safety Act (“the Act”), which created new requirements for physicians providing medication abortions. Section 1504(d) of the Act set forth the contracting physician requirement. The provision required physicians providing medication abortion to have a signed contract with a physician with active admitting and gynecological/surgical privileges at a hospital. In case of an emergency, the contracting physician would handle complications. Section 1504(a) of the Act included a final printed labeling (FPL) mandate, requiring that medication abortions be provided using an inferior, outdated protocol on the final printed labeling. The Act imposed civil and criminal penalties for violations.

On December 28, 2015, Planned Parenthood of Arkansas and Eastern Oklahoma, an abortion-providing facility, and a physician filed suit against the State of Arkansas in the U.S. District Court for the Eastern District of Arkansas. The plaintiffs sued Arkansas under 42 U.S.C. § 1983 for violations of the Fourteenth Amendment. Represented by the Planned Parenthood Federation of America and private counsel, the plaintiffs sought declaratory and injunctive relief, enjoining the defendants from enforcing the Act’s contracting physician requirement and FPL mandate and declaring those sections unconstitutional. The plaintiffs also sought attorneys’ fees.

This case was originally assigned to Judge L. Leon Holmes, but it was reassigned to Judge Susan Webber Wright. It was then reassigned to Judge Billy Roy Wilson, and finally the case was reassigned to Judge Kristine G. Baker.

Along with the complaint, the plaintiffs filed a motion for a temporary restraining order (TRO) and/or a preliminary injunction on December 28, 2015. A few days later, on December 31, 2015, the court granted the plaintiffs’ temporary restraining order. The TRO was ultimately extended until March 14, 2016.

On March 14, 2016, the court granted the plaintiffs’ motion for a preliminary injunction. 2016 WL 6211310. As a preliminary matter, plaintiffs had standing for both a facial and as-applied challenge. The court was skeptical that the contract physician requirement conferred any benefits, especially because emergency room physicians are well- qualified to evaluate and treat most complications that could arise after a medication abortion. As to the FPL mandate, the court noted that some of the underlying legislative findings were inaccurate, incomplete, irrelevant, or outdated and that the FPL mandate was inconsistent with FDA findings. The court concluded that the state's overall interest in the regulation of medication abortions was low and non-compelling and that the plaintiffs demonstrated a high likelihood of success on the merits that the requirements created an undue burden. Therefore, the court granted the plaintiffs’ motion for a preliminary injunction of both the contracting physician requirement and the FPL mandate.

Shortly after the court issued the preliminary injunction, the FDA updated the labelling for mifepristone (medication abortion) so that the regime described on the label reflected plaintiffs’ evidence-based regime. As a result, plaintiffs dropped their challenge to the Arkansas FPL provision, as indicated in the delayed 2019 amended complaint.

On May 12, 2016, Arkansas appealed the preliminary injunction of the contracting physician requirement to the Eighth Circuit. The appeals panel consisted of Judges William Jay Riley, Raymond W. Gruender, and James E. Gritzner. On July 28, 2017, the Eighth Circuit relied on the U.S. Supreme Court’s recent decision in Whole Woman’s Health v. Hellerstedt to hold that the district court abused its discretion because it failed to consider whether Planned Parenthood satisfied the requirements necessary to sustain a facial challenge to the abortion regulation. 864 F.3d 953. In order to sustain a facial challenge and grant a preliminary injunction, the district court was required to make a finding that the Act’s contract physician requirement was an undue burden for a large fraction of women seeking medication abortions in Arkansas. The district court did not make this finding. Thus, the Eighth Circuit vacated the district court’s preliminary injunction and remanded the case to the district court to conduct the required fact-finding. On September 27, the Eighth Circuit denied plaintiffs’ petition for a rehearing and rehearing en banc.

On December 21, 2017, the plaintiffs filed a petition for a writ of certiorari with the United States Supreme Court. The Eighth Circuit’s decision was stayed while the petition for cert was pending. On May 29, 2018, the Supreme Court denied the petition. 584 U.S. 1001. That same day, the plaintiffs filed a motion for a TRO in the district court, seeking to prevent the defendants from enforcing the contract physician requirement. On June 18, 2018, the court granted the TRO. 2018 WL 3029104.

On June 21, 2018, the plaintiffs filed a second motion for a preliminary injunction, which the court promptly granted on July 2. 2018 WL 3816925. The court concluded the contract physician requirement conferred little, if any, benefit on those women who were affected by it and that it substantially burdened a large fraction of women in Arkansas seeking medication abortions. At this stage of litigation, the preliminary injunction required the plaintiffs to make an effort to comply with Section 1504(d) by continuing to seek a contract physician, but the defendants were preliminarily enjoined from imposing any civil or criminal penalties under the Act.

On July 5, 2018, Arkansas appealed the court’s decision granting the preliminary injunction and filed a motion to stay the case. On July 20, the district court denied Arkansas’s motion to stay the case. On November 5, the parties filed a joint motion to vacate the preliminary injunction and to dismiss the appeal. Four days later, on November 9, the Eighth Circuit granted the joint motion and dismissed the appeal. 2018 WL 9944528.

On November 26, 2018, the plaintiffs notified the district court that they had signed an agreement with a qualifying physician, thereby satisfying the contracting physician requirement. The plaintiffs worried, however, that it could be difficult for them to continue retaining the contracted physician and quickly find a replacement if the contracting physician resigned. Therefore, the plaintiffs sought a six-month stay in the event that plaintiffs became unable to comply with the requirement again. In the alternative, the plaintiffs asked the court to dismiss the action without prejudice. The court granted the plaintiff’s motion and stayed the case for six months. 2019 WL 11626422.

Two days before the stay was set to end, on May 24, 2019, the plaintiffs filed a motion to dismiss the case without prejudice. On June 27, 2019, the court lifted the stay. That same day, this case was consolidated with Little Rock Family Planning Services v. Rutledge, No. 4:19-cv-00449-KGB (E.D. Ark.). Ultimately, this case was dismissed without prejudice on August 2, 2022, following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, 597 U.S. 215 (2022). This case is closed.

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Summary Authors

Tallulah Wick (4/28/2024)

Documents in the Clearinghouse

	Document
1 4:15-cv-00784	Complaint for Injunctive and Declaratory Relief	Dec. 28, 2015	Dec. 28, 2015 Complaint 2015 WL 9584488
22 4:15-cv-00784	Temporary Restraining Order	Dec. 31, 2015	Dec. 31, 2015 Order/Opinion
60 4:15-cv-00784	Preliminary Injunction Order	March 14, 2016	March 14, 2016 Order/Opinion 2016 WL 6211310
76 4:15-cv-00784 16-02234	Opinion U.S. Court of Appeals for the Eighth Circuit	July 28, 2017	July 28, 2017 Order/Opinion 864 F.3d 953
114 4:15-cv-00784	Temporary Restraining Order	June 18, 2018	June 18, 2018 Order/Opinion 2018 WL 3029104
142 4:15-cv-00784	Preliminary Injunction Order	July 2, 2018	July 2, 2018 Order/Opinion 2018 WL 3816925
157 4:15-cv-00784	Order	July 20, 2018	July 20, 2018 Order/Opinion 2018 WL 11265675
183 4:15-cv-00784	Order	March 27, 2019	March 27, 2019 Order/Opinion 2018 WL 11626422
184 4:15-cv-00784	Amended Complaint	March 29, 2019	March 29, 2019 Complaint 2019 WL 1787109

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Resources

Title	Description		External URL Date / External URL
Application of the Comstock Act to the Mailing of Prescription Drugs That Can Be Used for Abortions	The Justice Department issued a legal slip opinion saying, "Section 1461 of title 18 of the U.S. Code does not prohibit the mailing of certain drugs that can be used to perform abortions where the se…	Dec. 23, 2022	Dec. 23, 2022 https://www.justice.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5555821/planned-parenthood-of-arkansas-and-eastern-oklahoma-v-jegley/

Last updated April 28, 2024, 1:55 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against All Defendants (Fee $400. Receipt Number LIT054656.), filed by Stephanie Ho, Planned Parenthood Arkansas & Eastern Oklahoma. Summons issued. (Attachments: # 1 Civil Cover Sheet)(ks) (Entered: 12/28/2015)	Dec. 28, 2015	Dec. 28, 2015 Clearinghouse
2	MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Stephanie Ho, Planned Parenthood Arkansas & Eastern Oklahoma. (ks) (Entered: 12/28/2015)	Dec. 28, 2015	Dec. 28, 2015 PACER
3	BRIEF IN SUPPORT re 2 Motion for TRO, Motion for Preliminary Injunction filed by Stephanie Ho, Planned Parenthood Arkansas & Eastern Oklahoma. (ks) (Entered: 12/28/2015)	Dec. 28, 2015	Dec. 28, 2015 PACER
4	NOTICE TO ARKANSAS ATTORNEY GENERAL OF CONSTITUTIONAL CHALLENGE TO STATE STATUTE by Stephanie Ho, Planned Parenthood Arkansas & Eastern Oklahoma. (ks) (Entered: 12/28/2015)	Dec. 28, 2015	Dec. 28, 2015 PACER
5	MOTION for Leave to Appear pro hac vice by Helene T. Krasnoff. Fee $100 receipt number LIT054656. Filed by Stephanie Ho, Planned Parenthood Arkansas & Eastern Oklahoma. (ks) (Entered: 12/28/2015)	Dec. 28, 2015	Dec. 28, 2015 PACER
6	MOTION for Leave to Appear pro hac vice by Maithreyi Ratakonda. Fee $100 receipt number LIT054656. Filed by Stephanie Ho, Planned Parenthood Arkansas & Eastern Oklahoma.(ks) (Entered: 12/28/2015)	Dec. 28, 2015	Dec. 28, 2015 PACER
7	ORDER OF TRANSFER. The Court directs the Clerk to assign this action to another Judge. Signed at the Direction of the Court on 12/28/2015. (jak) (Entered: 12/28/2015)	Dec. 28, 2015	Dec. 28, 2015 RECAP
8	(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE OF REASSIGNMENT. Based on 7 Order, the Clerk's office has reassigned the case to Judge Susan Webber Wright on 12/28/2015. (scw) (Entered: 12/28/2015)	Dec. 28, 2015	Dec. 28, 2015 PACER
9	ORDER OF TRANSFER. Judge Wright will recuse due to senior status. The Court directs the Clerk to assign this action to another Judge. Signed by Judge Susan Webber Wright on 12/28/2015. (jak) (Entered: 12/28/2015)	Dec. 28, 2015	Dec. 28, 2015 RECAP
10	(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE OF REASSIGNMENT. Based on 9 Order, the Clerk's office has reassigned the case to Judge Billy Roy Wilson on 12/28/2015. (scw) (Entered: 12/28/2015)	Dec. 28, 2015	Dec. 28, 2015 PACER
11	RECUSAL ORDER directing the Clerk of Court to randomly reassign this case to another district judge. Signed by Judge Billy Roy Wilson on 12/28/2015. (kdr) (Entered: 12/28/2015)	Dec. 28, 2015	Dec. 28, 2015 PACER
12	(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute Entry for proceedings held before Judge Billy Roy Wilson: Telephone Conference held on 12/28/2015 re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Stephanie Ho, Planned Parenthood Arkansas & Eastern Oklahoma. Case should be reassigned. Judge Wilson recuses based on time conflict. Present for Plaintiff B. Brownstein, M. Ratakonda, and H. Krasnoff; Present for Defendants L. Rudofsky, C. Jorgensen and J. Cordi. (Court Reporter Christa Jacimore.) (tmw) (Entered: 12/28/2015)	Dec. 28, 2015	Dec. 28, 2015 PACER
13	(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE OF REASSIGNMENT. Based on 11 Order, the Clerk's office has reassigned the case to Judge Kristine G. Baker on 12/28/2015. (scw) (Entered: 12/28/2015)	Dec. 28, 2015	Dec. 28, 2015 PACER
14	ORDER: The Court will conduct a hearing regarding the 2 motion for temporary restraining order and/or preliminary injunction on Wednesday, 12/30/2015, at 2:30 p.m. in Little Rock Courtroom 4C at the Richard Sheppard Arnold United States Courthouse. Signed by Judge Kristine G. Baker on 12/29/2015. (rhm) (Entered: 12/29/2015)	Dec. 29, 2015	Dec. 29, 2015 PACER
15	ORDER granting 5 6 motions to admit Helene Krasnoff and Maithreyi Ratakonda pro hac vice. They shall appear as counsel of record for the plaintiffs. Signed by Judge Kristine G. Baker on 12/29/2015. (rhm) (Entered: 12/29/2015)	Dec. 29, 2015	Dec. 29, 2015 PACER
16	NOTICE of Appearance by Colin R. Jorgensen on behalf of Matt Durrett, Larry Jegley (Jorgensen, Colin) (Entered: 12/29/2015)	Dec. 29, 2015	Dec. 29, 2015 PACER
17	NOTICE of Appearance by C. Joseph Cordi, Jr on behalf of All Defendants (Cordi, C.) (Entered: 12/29/2015)	Dec. 29, 2015	Dec. 29, 2015 PACER
18	NOTICE of Appearance by Lee Rudofsky on behalf of All Defendants (Rudofsky, Lee) (Entered: 12/29/2015)	Dec. 29, 2015	Dec. 29, 2015 PACER
19	NOTICE of Appearance by Mindy D. Pipkin on behalf of Matt Durrett, Larry Jegley (Pipkin, Mindy) (Entered: 12/29/2015)	Dec. 29, 2015	Dec. 29, 2015 PACER
20	ORDER authorizing Helene Krasnoff and Maithreyi Ratakonda to bring a cell phone, laptop computer, or personal digital assistant into the courthouse on Wednesday, December 30, 2015, for a hearing. Signed by Judge Kristine G. Baker on 12/30/2015. (ljb) (Entered: 12/30/2015)	Dec. 30, 2015	Dec. 30, 2015 PACER
21	(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTE ENTRY for proceedings held before Judge Kristine G. Baker: Hearing held on 12/30/2015 re 2 Motion for Temporary Restraining Order and Motion for Preliminary Injunction filed by Plaintiffs. Court convened. After arguments from counsel, the Court took the matter under advisement. A written order will be entered. Plaintiffs' counsel: Bettina Brownstein, Helen Krasnoff, and Maithreyi Ratakonda. Defense counsel: Joseph Cordi, Jr., Colin Jorgensen, and Mindy Pipkin. (Court Reporter Eugenie Power.) (thd) (Entered: 12/31/2015)	Dec. 30, 2015	Dec. 30, 2015 PACER
22	Temporary Restraining Order granting 2 Motion for Temporary Restraining Order and/or Preliminary Injunction. This temporary restraining order shall expire on Thursday, 01/14/2016, at 4:45 p.m. unless the Court, for good cause shown, extends it. Signed by Judge Kristine G. Baker on 12/31/2015. (rhm) (Entered: 12/31/2015)	Dec. 31, 2015	Dec. 31, 2015 PACER
23	TRANSCRIPT of Hearing on Plaintiffs' Motion for Temporary Restraining Order Proceedings held on December 30, 2015, before Judge Kristine G. Baker. Court Reporter Eugenie M. Power. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 1/14/2016. Redaction Request due 1/25/2016. Redacted Transcript Deadline set for 2/4/2016. Release of Transcript Restriction set for 4/4/2016. (plm) (Entered: 01/04/2016)	Jan. 4, 2016	Jan. 4, 2016 PACER
24	Joint MOTION for Order (Extending the TRO and Establishing a Schedule) by Matt Durrett, Larry Jegley (Cordi, C.) (Entered: 01/07/2016)	Jan. 7, 2016	Jan. 7, 2016 PACER
25	ORDER granting 24 joint motion for an extension of the 22 Temporary Restraining Order and a Scheduling Order; extending defendants' deadline for filing an answer or motion to dismiss in response to plaintiffs' 1 complaint to include 02/05/2016; finding that the Temporary Restraining Order shall remain in effect until 5:00 p.m. on 03/14/2016; and setting the briefing and hearing schedule concerning plaintiffs' 2 motion for preliminary injunction. If any party wishes to conduct discovery concerning the plaintiffs' request for a preliminary injunction, the parties shall attempt to resolve any discovery disputes in the first instance. If such disputes cannot be resolved, the parties shall promptly bring the matter to the Court's attention for resolution. Signed by Judge Kristine G. Baker on 01/11/2016. (rhm) (Entered: 01/11/2016)	Jan. 11, 2016	Jan. 11, 2016 PACER
26	MOTION for Leave to Appear pro hac vice by Melissa A Cohen. Fee $100 receipt number 0860-2780252. Filed by Planned Parenthood Arkansas & Eastern Oklahoma (Brownstein, Bettina) (Entered: 01/12/2016)	Jan. 12, 2016	Jan. 12, 2016 PACER
27	AFFIDAVIT by Planned Parenthood Arkansas & Eastern Oklahoma. (Brownstein, Bettina) (Entered: 01/12/2016)	Jan. 12, 2016	Jan. 12, 2016 PACER
28	DECLARATION of Stanley K. Henshaw, Ph.D., in Support of Plaintiffs' Motion for Preliminary Injunction by Stephanie Ho, Planned Parenthood Arkansas & Eastern Oklahoma. (Ratakonda, Maithreyi) (Entered: 01/19/2016)	Jan. 19, 2016	Jan. 19, 2016 PACER
29	DECLARATION of Stephanie A. Ho, M.D., in Support of Plaintiffs' Motion for a Preliminary Injunction by Stephanie Ho, Planned Parenthood Arkansas & Eastern Oklahoma. (Ratakonda, Maithreyi) (Entered: 01/19/2016)	Jan. 19, 2016	Jan. 19, 2016 PACER
30	DECLARATION of Debra Stulberg, M.D., in Support of Plaintiffs' Motion for Preliminary Injunction by Stephanie Ho, Planned Parenthood Arkansas & Eastern Oklahoma. (Ratakonda, Maithreyi) (Entered: 01/19/2016)	Jan. 19, 2016	Jan. 19, 2016 PACER
31	NOTICE by Stephanie Ho, Planned Parenthood Arkansas & Eastern Oklahoma Notice of Filing of Plaintiffs' Witness List for Preliminary Injunction Hearing (Ratakonda, Maithreyi) (Entered: 01/19/2016)	Jan. 19, 2016	Jan. 19, 2016 PACER
32	MOTION for Protective Order by Stephanie Ho, Planned Parenthood Arkansas & Eastern Oklahoma (Attachments: # 1 Exhibit Ex. A - Protective Order, # 2 Exhibit Ex. B - Amended Stipulated Protective Order (MO))(Ratakonda, Maithreyi) (Entered: 01/27/2016)	Jan. 27, 2016	Jan. 27, 2016 PACER
33	ORDER granting 26 motion to admit Melissa A. Cohen pro hac vice. Ms. Cohen shall appear as counsel of record for the plaintiffs. Signed by Judge Kristine G. Baker on 01/28/2016. (rhm) (Entered: 01/28/2016)	Jan. 28, 2016	Jan. 28, 2016 PACER
34	ORDER holding discovery for both parties in abeyance. Plaintiffs are not required to respond to the discovery that is due tomorrow until the Court has issued a ruling on the 32 motion for protective order. To the extent defendants are to provide discovery responses, they are not required to do so until the Court issues a ruling on the motion for a protective order. Signed by Judge Kristine G. Baker on 01/28/2016. (rhm) (Entered: 01/28/2016)	Jan. 28, 2016	Jan. 28, 2016 PACER
35	RESPONSE in Opposition re 32 MOTION for Protective Order filed by Matt Durrett, Larry Jegley. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Pipkin, Mindy) (Entered: 01/28/2016)	Jan. 28, 2016	Jan. 28, 2016 PACER
36	REPLY to Response to Motion re 32 MOTION for Protective Order filed by All Plaintiffs. (Attachments: # 1 Exhibit Ex. 1 - Email Correspondence)(Ratakonda, Maithreyi) (Entered: 01/29/2016)	Jan. 29, 2016	Jan. 29, 2016 PACER
37	NOTICE of Change of Address by Stephanie Ho, Planned Parenthood Arkansas & Eastern Oklahoma (Ratakonda, Maithreyi) (Entered: 02/01/2016)	Feb. 1, 2016	Feb. 1, 2016 PACER
38	ORDER granting in part 32 motion for protective order. The Court will enter by separate order a modified protective order that includes changes made by the Court. Signed by Judge Kristine G. Baker on 02/01/2016. (rhm) (Entered: 02/01/2016)	Feb. 1, 2016	Feb. 1, 2016 PACER
39	PROTECTIVE ORDER. Signed by Judge Kristine G. Baker on 02/01/2016. (rhm) (Entered: 02/01/2016)	Feb. 1, 2016	Feb. 1, 2016 PACER
40	ORDER setting a hearing regarding plaintiffs' 2 motion for preliminary injunction for 3/2/2016 at 09:00 AM and continuing thereafter from day to day until complete in Little Rock Courtroom #4C before Judge Kristine G. Baker. Signed by Judge Kristine G. Baker on 02/01/2016. (rhm) (Entered: 02/01/2016)	Feb. 1, 2016	Feb. 1, 2016 PACER
41	MOTION for Extension of Time to File Response/Reply as to 25 Order on Motion for Order,,, by Matt Durrett, Larry Jegley (Attachments: # 1 Exhibit Exhibit 1)(Pipkin, Mindy) (Entered: 02/03/2016)	Feb. 3, 2016	Feb. 3, 2016 PACER
42	ORDER granting 41 motion for extension of time by which defendants must file their response brief to plaintiffs' 2 motion for preliminary injunction. Defendants will have up to and including 02/09/2016 to file their response brief and plaintiffs will have up to and including 02/23/2016 to file their reply brief in support of their motion for preliminary injunction. Signed by Judge Kristine G. Baker on 02/03/2016. (rhm) (Entered: 02/03/2016)	Feb. 3, 2016	Feb. 3, 2016 PACER
43	ANSWER to 1 Complaint by Matt Durrett, Larry Jegley.(Pipkin, Mindy) (Entered: 02/05/2016)	Feb. 5, 2016	Feb. 5, 2016 PACER
44	Witness List by Matt Durrett, Larry Jegley(Pipkin, Mindy) (Additional attachment(s) added on 2/5/2016: # 1 Main Document - Correct) (thd). (Entered: 02/05/2016)	Feb. 5, 2016	Feb. 5, 2016 PACER
45	NOTICE OF DOCKET CORRECTION re: 44 Witness List. CORRECTION: The original document was submitted in error (wrong image file). The correct document was added as an attachment to docket entry 44, based on the attach correspondence. (thd) (Entered: 02/05/2016)	Feb. 5, 2016	Feb. 5, 2016 PACER
46	MOTION for Discovery by All Plaintiffs (Ratakonda, Maithreyi) (Entered: 02/09/2016)	Feb. 9, 2016	Feb. 9, 2016 RECAP
47	SEALED DOCUMENT. (mef) (Entered: 02/09/2016)	Feb. 9, 2016	Feb. 9, 2016 PACER
48	RESPONSE in Opposition re 46 MOTION for Discovery filed by Matt Durrett, Larry Jegley. (Pipkin, Mindy) (Entered: 02/12/2016)	Feb. 12, 2016	Feb. 12, 2016 PACER
49	MOTION for Leave to Appear pro hac vice by Carrie Y. Flaxman. Fee $100 receipt number 0860-2796945. Filed by All Plaintiffs (Attachments: # 1 Affidavit Carrie Y. Flaxman Declaration)(Brownstein, Bettina) (Entered: 02/12/2016)	Feb. 12, 2016	Feb. 12, 2016 PACER
50	ORDER granting 49 motion to admit Carrie Y. Flaxman pro hac vice as counsel of record for the plaintiffs. Signed by Judge Kristine G. Baker on 02/16/2016. (rhm) (Entered: 02/16/2016)	Feb. 16, 2016	Feb. 16, 2016 PACER
51	Unopposed MOTION for Extension of Time to File Response/Reply as to 42 Order on Motion for Extension of Time to File Response/Reply, by All Plaintiffs (Ratakonda, Maithreyi) (Entered: 02/17/2016)	Feb. 17, 2016	Feb. 17, 2016 PACER
52	ORDER granting plaintiffs' 51 motion for extension of time in which to file their reply. Plaintiffs will have until noon central time on 02/25/2016 to file their reply in support of their 2 motion for preliminary injunction. Signed by Judge Kristine G. Baker on 02/18/2016. (rhm) (Entered: 02/18/2016)	Feb. 18, 2016	Feb. 18, 2016 PACER
53	ORDER denying as moot 46 plaintiffs' motion for limited expedited discovery. The hearing on the 2 motion for preliminary injunction will remain on 03/02/2016, and the Court will hear oral argument from all parties. Signed by Judge Kristine G. Baker on 02/18/2016. (rhm) (Entered: 02/18/2016)	Feb. 18, 2016	Feb. 18, 2016 PACER
54	NOTICE of Appearance by KaTina Rena Hodge on behalf of Matt Durrett, Larry Jegley (Hodge, KaTina) (Entered: 02/24/2016)	Feb. 24, 2016	Feb. 24, 2016 PACER
55	RESPONSE in Opposition re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Matt Durrett, Larry Jegley. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit Affidavit, # 5 Exhibit Affidavit, # 6 Exhibit Affidavit, # 7 Exhibit Affidavit, # 8 Exhibit Affidavit, # 9 Exhibit Affidavit)(Pipkin, Mindy) (Entered: 02/25/2016)	Feb. 25, 2016	Feb. 25, 2016 PACER
56	AFFIDAVIT in Opposition re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Matt Durrett, Larry Jegley. (Pipkin, Mindy) (Entered: 02/25/2016)	Feb. 25, 2016	Feb. 25, 2016 PACER
57	RESPONSE in Support re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Ratakonda, Maithreyi) (Entered: 02/25/2016)	Feb. 25, 2016	Feb. 25, 2016 PACER
58	ORDER authorizing Maithreyi Ratakonda, Carrie Y. Flaxman, and Melissa A. Cohen to bring a cell phone, laptop computer, or personal digital assistant into the Courthouse in Little Rock, Arkansas, on Wednesday, 03/02/2016, for a hearing. Signed by Judge Kristine G. Baker on 03/02/2016. (rhm) (Entered: 03/02/2016)	March 2, 2016	March 2, 2016 PACER
59	(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTES for proceedings held before Judge Kristine G. Baker: Motion Hearing held on 3/2/2016 re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Stephanie Ho, Planned Parenthood Arkansas & Eastern Oklahoma. After arguments from counsel, the Court took the matter under advisement. A separate order will be entered. Present for the Plaintiffs Carrie Flaxman, Maithreyi Ratakonda, Melissa Cohen and Bettina Brownstein; Present for the Defendants, Kat Hodge, Mindy Pipkin and Joseph Cordi, Jr. (Court Reporter Elaine Hinson.) (tmw) (Entered: 03/02/2016)	March 2, 2016	March 2, 2016 PACER
60	PRELIMINARY Injunction Order granting 2 motion for preliminary injunction and ordering that Mr. Jegley and Mr. Durrett, and all those acting in concert with them, are temporarily enjoined from enforcing the requirements of Sections 1504(a) and 1504(d) of Arkansas Act 577, Reg. Sess. (2015). Further, Mr. Jegley and Mr. Durrett are enjoined from failing to notify immediately all state officials responsible for enforcing the requirements of Sections 1504(a) and 1504(d) of Arkansas Act 577, Reg. Sess. (2015), about the existence and requirements of this preliminary injunction. This preliminary injunction remains in effect until further order from this Court. Signed by Judge Kristine G. Baker on 03/14/2016. (rhm) (Entered: 03/14/2016)	March 14, 2016	March 14, 2016 Clearinghouse
61	TRANSCRIPT of Hearing on Motion for Temporary Restraining Order/Preliminary Injunction Proceedings held on March 2, 2016, before Judge Kristine G. Baker. Court Reporter Elaine Hinson. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 3/25/2016. Redaction Request due 4/5/2016. Redacted Transcript Deadline set for 4/15/2016. Release of Transcript Restriction set for 6/13/2016. (plm) (Entered: 03/15/2016)	March 15, 2016	March 15, 2016 PACER
62	MOTION to Extend Time the Appeal Deadline by Matt Durrett, Larry Jegley (Rudofsky, Lee) (Entered: 04/08/2016)	April 8, 2016	April 8, 2016 PACER
63	Amended MOTION to Extend Time by Matt Durrett, Larry Jegley (Attachments: # 1 Exhibit Exhibit A)(Rudofsky, Lee) (Entered: 04/08/2016)	April 8, 2016	April 8, 2016 PACER
64	ORDER granting 63 unopposed motion to extend time for appeal and denying as moot 62 motion to extend time for appeal. Defendants have up to and including 05/13/2016 to appeal the preliminary injunction. Signed by Judge Kristine G. Baker on 04/11/2016. (rhm) (Entered: 04/11/2016)	April 11, 2016	April 11, 2016 PACER
65	First MOTION for Leave to File Amended Complaint by All Plaintiffs (Attachments: # 1 Exhibit 1)(Ratakonda, Maithreyi) (Entered: 04/27/2016)	April 27, 2016	April 27, 2016 PACER
66	NOTICE of Appearance by Ryan Owsley on behalf of Matt Durrett, Larry Jegley (Owsley, Ryan) (Entered: 04/28/2016)	April 28, 2016	April 28, 2016 PACER
67	MOTION to Substitute Attorney by All Defendants (Owsley, Ryan) (Entered: 04/28/2016)	April 28, 2016	April 28, 2016 PACER
68	RESPONSE in Opposition re 65 First MOTION for Leave to File Amended Complaint filed by Matt Durrett, Larry Jegley. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Pipkin, Mindy) (Entered: 05/09/2016)	May 9, 2016	May 9, 2016 PACER
69	ORDER granting 67 motion for substitution of counsel; directing that Mr. Cordi be removed and that Mr. Owsley be added as counsel of record for defendants; and ordering that parties and their counsel include Mr. Owsley, along with all other counsel of record, when sending future pleadings and correspondence. Signed by Judge Kristine G. Baker on 05/09/2016. (rhm) (Entered: 05/09/2016)	May 9, 2016	May 9, 2016 PACER
70	NOTICE OF APPEAL as to 60 Order on Motion for Preliminary Injunction,, by Matt Durrett, Larry Jegley. (Pipkin, Mindy) (Entered: 05/12/2016)	May 12, 2016	May 12, 2016 PACER
71	NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 70 Notice of Appeal filed by Larry Jegley and Matt Durrett re: 60 Order on Motion for Preliminary Injunction. NOTIFICATION TO COUNSEL: REQUEST FOR TRANSCRIPTS SHOULD BE FILED WITH THE DISTRICT COURT CLERK. (mcz) (Entered: 05/13/2016)	May 13, 2016	May 13, 2016 PACER
72	USCA Appeal Fees received $ 505 receipt number LIT056694 re 70 Notice of Appeal filed by Matt Durrett and Larry Jegley. (mcz) (Entered: 05/13/2016)	May 13, 2016	May 13, 2016 PACER
73	REPLY to Response to Motion re 65 First MOTION for Leave to File Amended Complaint filed by Stephanie Ho, Planned Parenthood Arkansas & Eastern Oklahoma. (Ratakonda, Maithreyi) (Entered: 05/16/2016)	May 16, 2016	May 16, 2016 PACER
74	USCA Docketing Letter as to 70 Notice of Appeal filed by Matt Durrett and Larry Jegley. USCA Case Number 16-2234. Transcript due by 6/27/2016. (mcz) (Entered: 05/18/2016)	May 18, 2016	May 18, 2016 PACER
75	Transmitted Record on Appeal to US Court of Appeals re 70 Notice of Appeal: Transcript of 12/30/2015 Hearing on Plaintiff's Motion for TRO and 3/2/2016 Hearing on Motion for TRO and Preliminary Injunction. (mcz) (Entered: 06/27/2016)	June 27, 2016	June 27, 2016 PACER
76	OPINION of USCA as to 70 Notice of Appeal filed by Matt Durrett and Larry Jegley. (mcz) (Entered: 07/28/2017)	July 28, 2017	July 28, 2017 Clearinghouse
77	USCA JUDGMENT as to 70 Notice of Appeal filed by Matt Durrett and Larry Jegley: It is hereby ordered and adjudged that the district court's grant of a preliminary injunction is vacated and the cause is remanded to the district court for proceedings consistent with the opinion of this court. (mcz) (Entered: 07/28/2017)	July 28, 2017	July 28, 2017 PACER
78	NOTICE of Appearance by Nicholas Jacob Bronni on behalf of All Defendants (Bronni, Nicholas) (Entered: 07/28/2017)	July 28, 2017	July 28, 2017 PACER
79	NOTICE of Appearance by Jennifer L. Merritt on behalf of All Defendants (Merritt, Jennifer) (Entered: 07/28/2017)	July 28, 2017	July 28, 2017 PACER
80	NOTICE of Appearance by Monty Vaughan Baugh on behalf of All Defendants (Baugh, Monty) (Entered: 07/28/2017)	July 28, 2017	July 28, 2017 PACER
81	MOTION to Amend/Correct Case Caption by Stephanie Ho, Planned Parenthood Arkansas & Eastern Oklahoma (Ratakonda, Maithreyi) (Entered: 08/02/2017)	Aug. 2, 2017	Aug. 2, 2017 PACER
82	Letter from Clerk, USCA: The petition for writ of certiorari has been filed in the United States Supreme Court in USCA Case Number 16-2234. (mcz) (Entered: 01/11/2018)	Jan. 11, 2018	Jan. 11, 2018 PACER
83	NOTICE of Appearance by Dylan L. Jacobs on behalf of Matt Durrett, Larry Jegley (Jacobs, Dylan) (Entered: 05/29/2018)	May 29, 2018	May 29, 2018 PACER
84	MOTION for Temporary Restraining Order by Stephanie Ho, Planned Parenthood Arkansas & Eastern Oklahoma (Ratakonda, Maithreyi) (The correct main document was substituted as the attachment on 7/3/2018 pursuant to 143 Order and instructions from Chambers.) (thd) (Entered: 05/29/2018)	May 29, 2018	May 29, 2018 PACER
85	BRIEF IN SUPPORT re 84 Motion for TRO filed by Stephanie Ho, Planned Parenthood Arkansas & Eastern Oklahoma. (Ratakonda, Maithreyi) (Entered: 05/29/2018)	May 29, 2018	May 29, 2018 PACER
86	Letter from USCA Clerk: Supreme Court order filed denying certiorari in case 16-2234. (fcd) (Entered: 05/31/2018)	May 31, 2018	May 31, 2018 PACER
87	MANDATE of USCA in accordance with the opinion and judgment of 7/28/2017 as to 70 Notice of Appeal filed by Matt Durrett and Larry Jegley. (fcd) (Additional attachment(s) added on 9/22/2021: # 1 Main Document - Correct) (jak). (Entered: 05/31/2018)	May 31, 2018	May 31, 2018 PACER
88	MOTION for Discovery Motion for Expedited Pre-Hearing Discovery; Motion to Shorten Response Time by Matt Durrett, Larry Jegley (Attachments: # 1 Exhibit Written Discovery Requests)(Jacobs, Dylan) (Entered: 05/31/2018) 1 Exhibit Written Discovery Requests View on PACER	May 31, 2018	May 31, 2018 RECAP
89	ORDER: The Court will conduct a hearing on 84 motion for temporary restraining order and preliminary injunction on Friday, 6/8/2018, at 10:00 a.m. Signed by Judge Kristine G. Baker on 6/1/2018. (cmn) (Entered: 06/01/2018)	June 1, 2018	June 1, 2018 PACER
90	RESPONSE in Opposition re 88 MOTION for Discovery Motion for Expedited Pre-Hearing Discovery; Motion to Shorten Response Time filed by Stephanie Ho, Planned Parenthood Arkansas & Eastern Oklahoma. (Ratakonda, Maithreyi) (Entered: 06/01/2018)	June 1, 2018	June 1, 2018 PACER
91	REPLY to Response to Motion re 88 MOTION for Discovery Motion for Expedited Pre-Hearing Discovery; Motion to Shorten Response Time filed by Matt Durrett, Larry Jegley. (Attachments: # 1 Exhibit Email to Clerk)(Jacobs, Dylan) (Entered: 06/02/2018)	June 2, 2018	June 2, 2018 PACER
92	ORDER denying 88 motion for expedited pre-hearing discovery and denies as moot the request to shorten response time. Signed by Judge Kristine G. Baker on 6/5/2018. (cmn) (Entered: 06/05/2018)	June 5, 2018	June 5, 2018 PACER
93	Emergency MOTION to Quash Subpoena to Plaintiff Dr. Stephanie Ho by Stephanie Ho, Planned Parenthood Arkansas & Eastern Oklahoma (Attachments: # 1 Exhibit Supboena to Dr. Stephanie Ho)(Ratakonda, Maithreyi) (Entered: 06/06/2018)	June 6, 2018	June 6, 2018 PACER
94	INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 6/22/2018; Rule 26(f) Report due by 7/6/2018; Bench Trial set for sometime during the week of 3/11/2019 at 09:00 AM in Little Rock Courtroom # 4C before Judge Kristine G. Baker. Signed at the direction of the Court on 06/06/2018. (tmw) (Entered: 06/06/2018)	June 6, 2018	June 6, 2018 PACER
95	NOTICE of Appearance by Christine A. Cryer on behalf of Matt Durrett, Larry Jegley (Cryer, Christine) (Additional attachment(s) added on 9/22/2021: # 1 Main Document - Correct) (jak). (Entered: 06/06/2018)	June 6, 2018	June 6, 2018 PACER
96	MOTION to Substitute Attorney by Matt Durrett, Larry Jegley (Cryer, Christine) (Entered: 06/06/2018)	June 6, 2018	June 6, 2018 PACER
97	MOTION to Quash By Non-Party Lori Williams by Planned Parenthood Arkansas & Eastern Oklahoma (Brownstein, Bettina) (Entered: 06/06/2018)	June 6, 2018	June 6, 2018 PACER
98	RESPONSE in Opposition re 93 Emergency MOTION to Quash Subpoena to Plaintiff Dr. Stephanie Ho, 97 MOTION to Quash By Non-Party Lori Williams filed by Matt Durrett, Larry Jegley. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Jacobs, Dylan) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 PACER
99	ORDER granting 93, 97 emergency motions to quash. Signed by Judge Kristine G. Baker on 6/7/2018. (cmn) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 PACER
100	ORDER providing explanation and granting 93 separate plaintiff Dr. Stephanie Ho's emergency motion to quash subpoena to Dr. Stephanie Ho and to shorten response time and 97 non-party Lori Williams' emergency motion to quash subpoena. Signed by Judge Kristine G. Baker on 6/7/2018. (cmn) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 PACER

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Case Details

State / Territory: Arkansas

Case Type(s):

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: Dec. 28, 2015

Closing Date: Aug. 2, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Planned Parenthood of Arkansas and Eastern Oklahoma, an abortion-providing facility, and a physician challenged Arkansas's 2015 Abortion-Inducing Drugs Safety Act.

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

Arkansas, State

Prosecuting Attorney of Pulaski County (Pulaski), County