Case: Planned Parenthood Gulf Coast, Inc. v. Gee

3:18-cv-00176 | U.S. District Court for the Middle District of Louisiana

Filed Date: Feb. 23, 2018

Closed Date: Feb. 8, 2022

Clearinghouse coding complete

Case Summary

This case is about a challenge to Louisiana state law that forbade providing taxpayer funds, including Medicaid funds, to abortion providers and their affiliates. On February 23, 2018, Planned Parenthood Gulf Coast, Planned Parenthood Center for Choice, and three private plaintiffs, (collectively “Planned Parenthood”), represented by Planned Parenthood Federation of America and private counsel, sued the Secretary of the Louisiana Department of Health (“DOH”) in the U.S. District Court for the M…

This case is about a challenge to Louisiana state law that forbade providing taxpayer funds, including Medicaid funds, to abortion providers and their affiliates.

On February 23, 2018, Planned Parenthood Gulf Coast, Planned Parenthood Center for Choice, and three private plaintiffs, (collectively “Planned Parenthood”), represented by Planned Parenthood Federation of America and private counsel, sued the Secretary of the Louisiana Department of Health (“DOH”) in the U.S. District Court for the Middle District of Louisiana. At the time of this suit, Planned Parenthood only provided non-abortion reproductive health care in their Louisiana clinics, and in order to start providing abortion care, Planned Parenthood applied for a license with DOH in accordance with Louisiana state law. Planned Parenthood alleged two sets of claims, (1) concerning DOH’s handling of Planned Parenthood’s application for a license to provide abortion services in Louisiana, and (2) challenging a Louisiana statute that prohibits giving taxpayer funds, including Medicaid funds, to abortion providers or their affiliates. 

Concerning the first claim, Planned Parenthood alleged DOH’s licensing process was a “sham” intended to prevent Planned Parenthood from performing abortions by “constructively denying” their license, and this violated their rights to substantive due process, procedural due process, and equal protection. For this clam, Planned Parenthood sought a declaratory judgment that the “denial” of their license violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment, and three separate injunctions (1) an injunction preventing DOH from withholding approval of its application, (2) an injunction ordering DOH to promptly rule on its application, and (3) an injunction ordering DOH to grant the application and issue a license to Planned Parenthood. 

With regards to the second claim, Planned Parenthood asserted that if they were granted an abortion-clinic license, the statute would require Louisiana to stop providing Medicaid funding to the other Planned Parenthood clinics that did not provide abortions in Louisiana. Planned Parenthood alleged that this statute violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment, the First Amendment, as well as a provision of the federal Medicaid Act by denying Planned Parenthood’s Medicaid patients the right to choose any willing, qualified health care provider in the Medicaid Program. For this, Planned Parenthood sought both declaratory and injunctive relief. This case was assigned to District Judge John W. deGravelles and Magistrate Judge Richard L. Bourgeois, Jr.

On February 23, 2018, Planned Parenthood filed a motion for preliminary injunction, and on April 4, DOH filed a motion to dismiss claiming (1) the district court did not have jurisdiction as Louisiana has sovereign immunity regarding state officials implementing state law and (2) Planned Parenthood’s funding claims were not justiciable because they were not yet ripe. On May 23, Judge deGravelled denied DOH’s motion to dismiss without prejudice because Planned Parenthood (1) pled claims rooted in federal law and (2) showed their claim was ripe. 

On June 6, 2018, DOH appealed to the Fifth Circuit of Appeals the order denying the motion to dismiss, and on January 21, 2022, the Appeals court affirmed the denial of the motion to dismiss finding that (1) the federal court had jurisdiction over this case and (2) declined to make a ruling on the matter of ripeness. 

On February 8, 2022, Judge deGravelles granted Planned Parenthood’s motion to stay until after the United States Supreme Court rendered their decision in Dobbs v. Jackson Women’s Health Organization. On November 10, Planned Parenthood filed a motion to reopen the case and notice of voluntary dismissal. On November 14, 2022, Judge deGravelles approved Planned Parenthood’s notice of voluntary dismissal.

The case is now closed.

Summary Authors

Danica Fong (2/9/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6867760/parties/planned-parenthood-gulf-coast-inc-v-gee/


Judge(s)

deGravelles, John Wheadon (Louisiana)

Attorney for Plaintiff

Bensinger, Dylan M (Louisiana)

Flaxman, Carrie Y. (Louisiana)

Jahansouz, Kourosh (Louisiana)

Attorney for Defendant

John, Joseph Scott (Louisiana)

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Documents in the Clearinghouse

Document
1

3:18-cv-00176

Complaint for Declaratory and Injunctive Relief

Feb. 23, 2018

Feb. 23, 2018

Complaint
43

3:18-cv-00176

Ruling and Order

May 23, 2018

May 23, 2018

Order/Opinion

2018 WL 11472388

70

18-30699

Judgment

Planned Parenthood v. Phillips

U.S. Court of Appeals for the Fifth Circuit

Jan. 20, 2022

Jan. 20, 2022

Order/Opinion

24 F.4th 442

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6867760/planned-parenthood-gulf-coast-inc-v-gee/

Last updated Aug. 23, 2025, 4:31 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against REBEKAH GEE, in her official capacity as Secretary of the Louisiana Department of Health ( Filing fee $ 400 receipt number 053N-1724954.), filed by Planned Parenthood Gulf Coast, Inc.. (Attachments: # 1 Attachment Civil Cover Sheet, # 2 Attachment Summons, # 3 Exhibit Exhibits A thru D, # 4 Attachment Statement of Related Cases, # 5 Attachment Rule 7.1 Disclosure Statement)(Robb, Brandon) (Attachment 2 replaced on 2/23/2018) (KAH). Modified to substitute pleadings per RD 19 on 3/1/2018 (SGO). (Entered: 02/23/2018)

1 Attachment Civil Cover Sheet

View on PACER

2 Attachment Summons

View on PACER

3 Exhibit Exhibits A thru D

View on RECAP

4 Attachment Statement of Related Cases

View on PACER

5 Attachment Rule 7.1 Disclosure Statement

View on PACER

Feb. 23, 2018

Feb. 23, 2018

Clearinghouse
10

MOTION for Carrie Flaxman to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1725928) by Planned Parenthood Gulf Coast, Inc.. (Robb, Brandon) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
11

MOTION to Substitute Complaint by Planned Parenthood Gulf Coast, Inc.. (Attachments: # 1 Proposed Order Granting Motion for Substitution of Complaint, # 2 Revised Civil Cover Sheet, # 3 Revised Summons, # 4 Revised Complaint with Exhibits, # 5 Revised Notice of Related Cases, # 6 Revised Rule 7.1 Statement)(Robb, Brandon) Modified on 2/23/2018 to edit the text (KAH). Modified on 3/1/2018 to flatten attachment 3 (KAH). (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
12

MOTION to Substitute 2 Motion for Protective Order by Planned Parenthood Gulf Coast, Inc. (Attachments: # 1 Proposed Order Granting Motion for Substitution of Protective Order, # 2 Revised Motion for Protective Order, # 3 Revised Memorandum in Support of Protective Order)(Robb, Brandon) Modified on 2/26/2018 to edit the text (KAH). (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
13

MOTION to Substitute 3 Motion for Preliminary Injunction by Planned Parenthood Gulf Coast, Inc. (Attachments: # 1 Proposed Order Granting Motion for Substitution of Preliminary Injunction, # 2 Revised Motion for Preliminary Injunction, # 3 Revised Memorandum in Support of Preliminary Injunction)(Robb, Brandon) Modified on 2/26/2018 to edit the text (KAH). (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
14

MOTION for Yekaterina Reyzis to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1726103) by Planned Parenthood Gulf Coast, Inc.. (Attachments: # 1 Proposed Order Granting Motion for Substitution of Preliminary Injunction)(Robb, Brandon) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
15

MOTION for Mark Wine to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1726105) by Planned Parenthood Gulf Coast, Inc.. (Attachments: # 1 Proposed Order Granting Motion for Substitution of Preliminary Injunction)(Robb, Brandon) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
2

MOTION for Protective Order by Planned Parenthood Gulf Coast, Inc.. (Attachments: # 1 Attachment Proposed Protective Order, # 2 Memorandum in Support Memorandum in Support of Motion for Protective Order, # 3 Exhibit Exhibits A thru D to Memo in Support)(Robb, Brandon) Modified to substitute main document and attachment 2 per RD 20 on 3/1/2018 (SGO). (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
3

MOTION for Preliminary Injunction by Planned Parenthood Gulf Coast, Inc.. (Attachments: # 1 Proposed Order Granting Preliminary Injunction, # 2 Memorandum in Support Memorandum in Support of Preliminary Injunction, # 3 Attachment Linton Declaration & Exhibits A thru G thereto, # 4 Attachment Henshaw Declaration & Exhibit A thereto, # 5 Attachment Wallace Declaration & Exhibit A thereto, # 6 Attachment Jane Doe #1 Declaration, # 7 Attachment Jane Doe #2 Declaration, # 8 Attachment Jane Doe #3 Declaration)(Robb, Brandon) (Attachment 3 replaced on 2/23/2018) (KAH). Modified to substitute main document and attachment 2 per RD 27 on 3/1/2018 (SGO). (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
4

Letter to Attorney Brandon Herrick Robb regarding Ryan P. Delaney who is Co-Counsel for party Planned Parenthood Gulf Coast, Inc., Planned Parenthood Center for Choice, Jane Doe # 1, Jane Doe # 2 and Jane Doe # 3. Attorney is not admitted to practice in LAMD. (KAH) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
5

MOTION for Limited Expedited Discovery by Planned Parenthood Gulf Coast, Inc. (Attachments: # 1 Proposed Order Granting Limited Expedited Discovery, # 2 Memorandum in Support Memorandum in Support of Expedited Discovery, # 3 Exhibit Exhibits to Memorandum in Support of Motion for Limited Expedited Discovery)(Robb, Brandon) Modified on 2/23/2018 to edit the text (KAH). (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
6

MOTION for Jennifer M. Keighly to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1725890) by Planned Parenthood Gulf Coast, Inc.. (Robb, Brandon) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
7

MOTION for Chris Richart to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1725907) by Planned Parenthood Gulf Coast, Inc.. (Robb, Brandon) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
8

MOTION for Rachel Shalev to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1725917) by Planned Parenthood Gulf Coast, Inc.. (Robb, Brandon) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
9

MOTION for Amy Van Zant to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1725923) by Planned Parenthood Gulf Coast, Inc.. (Robb, Brandon) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER

MOTION(S) REFERRED: 2 MOTION for Protective Order . This motion is now pending before the USMJ. (KAH)

Feb. 23, 2018

Feb. 23, 2018

PACER

MOTION(S) REFERRED: 5 MOTION for Limited Expedited Discovery . This motion is now pending before the USMJ. (KAH)

Feb. 23, 2018

Feb. 23, 2018

PACER

MOTION(S) REFERRED: 7 MOTION for Chris Richart to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1725907), 6 MOTION for Jennifer M. Keighly to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1725890), 9 MOTION for Amy Van Zant to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1725923), 10 MOTION for Carrie Flaxman to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1725928), 11 MOTION to Substitute Complaint, 8 MOTION for Rachel Shalev to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1725917). This motion is now pending before the USMJ. (KAH)

Feb. 23, 2018

Feb. 23, 2018

PACER
16

ORDER granting 6 Motion for Jennifer M. Keighley to Appear Pro Hac Vice; granting 7 Motion for Christopher J. Richart to Appear Pro Hac Vice; granting 8 Motion for Rachel G. Shalev to Appear Pro Hac Vice; granting 9 Motion for Amy K. Van Zant to Appear Pro Hac Vice; granting 10 Motion for Carrie Y. Flaxman to Appear Pro Hac Vice. Jennifer M. Keighley, Christopher J. Richart, Rachel G. Shalev, Amy K. Van Zant and Carrie Y. Flaxman enrolled pro hac vice as counsel for Plaintiffs in this matter. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 2/26/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) Modified on 2/26/2018 (JSL). (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER
17

Notice to Counsel: Status Conference set for 3/5/2018 at 1:30 PM in chambers before Judge John W. deGravelles. Pro Hac Vice counsel may participate in the conference by telephone, but are responsible for coordinating the conference call to the Court @ 225-389-3568. Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER
18

ORDER granting 14 Motion for Yekaterina Reyzis to Appear Pro Hac Vice. Yekaterina Reyzis enrolled pro hac vice as counsel for Plaintiffs in this matter. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 2/26/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER

MOTION(S) REFERRED: 14 MOTION for Yekaterina Reyzis to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1726103), 15 MOTION for Mark Wine to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1726105), 12 MOTION to Substitute 2 Motion for Protective Order. This motion is now pending before the USMJ. (KAH)

Feb. 26, 2018

Feb. 26, 2018

PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

Feb. 26, 2018

Feb. 26, 2018

PACER

Order on Motion to Appear Pro Hac Vice

Feb. 26, 2018

Feb. 26, 2018

PACER
19

ORDER granting 11 MOTION to Substitute Complaint filed by Planned Parenthood Gulf Coast, Inc. Complaint and attachments (R. Doc. 1) be substituted with the Complaint (R. Doc. 11-4) and attachments filed with the motion to substitute. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 2/27/2018. (JSL) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
20

ORDER granting (R. Doc. 12) MOTION to Substitute (R. Doc. 2) Motion for Protective Order filed by Planned Parenthood Gulf Coast, Inc. Planned Parenthood Gulf Coast, Inc.'s Motion for Protective Order and Memorandum in Support (R. Docs. 2, 2-2) shall be substituted with the Motion for Protective Order and Memorandum in Support (R. Docs. 12-2, 12-3). Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 2/27/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
21

MOTION for Mark Wine to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1728049) by Planned Parenthood Gulf Coast, Inc.. (Robb, Brandon) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER

Motions No Longer Referred: 5 MOTION for Limited Expedited Discovery . This motion is now pending before the USDJ. (KDC)

Feb. 27, 2018

Feb. 27, 2018

PACER

Order on Motion to Substitute Pleading (In Order to Correct Deficiency)

Feb. 27, 2018

Feb. 27, 2018

PACER

MOTION(S) REFERRED: 21 MOTION for Mark Wine to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1728049). This motion is now pending before the USMJ. (SGO)

Feb. 27, 2018

Feb. 27, 2018

PACER
22

ORDER finding as moot 15 Motion for to Appear Pro Hac Vice; granting 21 Motion for to Appear Pro Hac Vice. Mark P. Wine enrolled pro hac vice for Plaintiffs in this matter. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 2/28/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

Feb. 28, 2018

Feb. 28, 2018

PACER
23

Summons Issued as to Rebekah Gee. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (SGO) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
24

MOTION for Kourosh Jahansouz to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1729862) by Planned Parenthood Gulf Coast, Inc.. (Robb, Brandon) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
25

MOTION for Dylan Bensinger to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1729868) by Planned Parenthood Gulf Coast, Inc.. (Robb, Brandon) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
26

MOTION for David Rhinesmith to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1729876) by Planned Parenthood Gulf Coast, Inc.. (Robb, Brandon) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
27

ORDER granting 13 MOTION to Substitute 3 Motion for Preliminary Injunction. Signed by Judge John W. deGravelles on 3/1/2018. (SGO) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
28

ORDER granting 24 Motion for Kourosh Jahansouz to Appear Pro Hac Vice; granting 25 Motion for Dylan M. Bensinger to Appear Pro Hac Vice; granting 26 Motion for David Rhinesmith to Appear Pro Hac Vice. Kourosh Jahansouz, Dylan M. Bensinger and David Rhinesmith are enrolled pro hac vice as counsel for Plaintiffs in this matter. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 3/2/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER

MOTION(S) REFERRED: 24 MOTION for Kourosh Jahansouz to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1729862), 26 MOTION for David Rhinesmith to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1729876), 25 MOTION for Dylan Bensinger to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1729868). This motion is now pending before the USMJ. (EDC)

March 2, 2018

March 2, 2018

PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

March 2, 2018

March 2, 2018

PACER
29

Minute Entry for proceedings held before Judge John W. deGravelles: Status Conference held on 3/5/2018. The pending 5 Motion for Limited Expedited Discovery was discussed. Court issued a briefing schedule. Defense counsel advised they wish to file jurisdictional motions. Motions shall be filed on or before 4/4/2018. Opposition to these motions shall be filed within 21 days of the date of the filing of the motion, and any reply may be filed 7 days thereafter. Any party wishing to submit a timeline shall do so on or before 3/12/2018. Plaintiffs' oral motion requesting to set a date for an evidentiary hearing on Plaintiffs' 3 motion for preliminary injunction is GRANTED. The five day evidentiary hearing is hereby assigned to begin on 7/23/2018, at 9:00 AM in courtroom 1. Counsel for Defendant advised the Court that there is no opposition to the Plaintiffs' motion for protective order.(Court Reporter: Recorded.) (SGO) (Entered: 03/06/2018)

March 5, 2018

March 5, 2018

PACER

Set/Reset Deadlines (Court Use Only) (SGO)

March 6, 2018

March 6, 2018

PACER
30

TRANSCRIPT REQUEST by Planned Parenthood Gulf Coast, Inc. for proceedings held on March 5, 2018 before Judge deGravelles. (Robb, Brandon) Modified on 3/7/2018 to flatten the document and form forwarded to the DQA via email(KAH). (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

PACER
31

Defendant's Timeline by Rebekah Gee re 29 Status Conference (Murrill, Elizabeth) Modified to edit text on 3/13/2018 (SGO). (Entered: 03/12/2018)

March 12, 2018

March 12, 2018

PACER
32

Plaintiff's Timeline by Planned Parenthood Gulf Coast, Inc.. (Robb, Brandon) Modified to edit text on 3/13/2018 (SGO). (Entered: 03/12/2018)

March 12, 2018

March 12, 2018

PACER
33

RESPONSE in Opposition to 5 MOTION for Limited Expedited Discovery filed by All Defendants. (Murrill, Elizabeth) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER
34

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of In Chambers Conference before Judge John W. deGravelles held on March 5, 2018. Court Reporter: Gina Delatte-Richard. Phone Number: 225-389-3564. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.lamd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/10/2018. Redacted Transcript Deadline set for 4/20/2018. Release of Transcript Restriction set for 6/18/2018. (Delatte-Richard, Gina) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
35

ORDER granting 2 Joint Motion for Protective Order. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 3/23/2018. (SGO) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

PACER
36

REPLY to 33 Response in Opposition to Motion, 5 MOTION for Limited Expedited Discovery filed by Planned Parenthood Gulf Coast, Inc.. (Robb, Brandon) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

PACER
37

MOTION for Stephen Schwartz to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1748734) by All Defendants. (Murrill, Elizabeth) (Entered: 04/04/2018)

April 4, 2018

April 4, 2018

PACER
38

MOTION to Dismiss by All Defendants. (Attachments: # 1 Memorandum in Support, # 2 Attachment Castello Declaration in Support, # 3 Exhibit Castello Ex. A, # 4 Exhibit Castello Ex. B 1-100, # 5 Exhibit Castello Ex. B 101-120, # 6 Exhibit Castello Ex. B 121-140, # 7 Exhibit Castello Ex. B 141-160, # 8 Exhibit Castello Ex. B 161-180, # 9 Exhibit Castello Ex. B 181-190, # 10 Exhibit Castello Ex. B 191-472, # 11 Exhibit C, # 12 Exhibit D, # 13 Exhibit E, # 14 Attachment Magee Declaration in Support)(Murrill, Elizabeth) Modified to edit text on 4/5/2018 (SGO). (Entered: 04/04/2018)

1 Memorandum in Support

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2 Attachment Castello Declaration in Support

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3 Exhibit Castello Ex. A

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4 Exhibit Castello Ex. B 1-100

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5 Exhibit Castello Ex. B 101-120

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6 Exhibit Castello Ex. B 121-140

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7 Exhibit Castello Ex. B 141-160

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8 Exhibit Castello Ex. B 161-180

View on PACER

9 Exhibit Castello Ex. B 181-190

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10 Exhibit Castello Ex. B 191-472

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11 Exhibit C

View on RECAP

12 Exhibit D

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13 Exhibit E

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14 Attachment Magee Declaration in Support

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April 4, 2018

April 4, 2018

PACER
39

ORDER granting 37 Motion for Stephen S. Schwartz to Appear Pro Hac Vice. Stephen S. Schwartz is hereby enrolled as counsel proc hac vic for the defendant. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 4/4/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 04/04/2018)

April 4, 2018

April 4, 2018

PACER

Order on Motion to Appear Pro Hac Vice

April 4, 2018

April 4, 2018

PACER

MOTION(S) REFERRED: 37 MOTION for Stephen Schwartz to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1748734). This motion is now pending before the USMJ. (LLH)

April 4, 2018

April 4, 2018

PACER
40

NOTICE of Briefing Schedule on 38 MOTION to Adopt 1 Complaint,, filed by Planned Parenthood Gulf Coast, Inc. MOTION to Dismiss : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 7 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 04/05/2018)

April 5, 2018

April 5, 2018

PACER
41

MEMORANDUM in Opposition to 38 MOTION to Dismiss filed by Planned Parenthood Gulf Coast, Inc. (Attachments: # 1 Exhibit Declaration in Support of Opposition to Defendants Motion to Dismiss)(Robb, Brandon) Modified to edit text on 4/18/2018 (SGO). (Entered: 04/18/2018)

April 18, 2018

April 18, 2018

PACER
42

REPLY in Support of 38 MOTION to Dismiss filed by Rebekah Gee. (Murrill, Elizabeth) Modified to edit text on 4/25/2018 (SGO). (Entered: 04/25/2018)

April 25, 2018

April 25, 2018

PACER
43

RULING AND ORDER: Defendant's Motion to Dismiss, (Doc. 38), is DENIED. Thisruling is without prejudice to the renewal of jurisdictional arguments following further proceedings, and Plaintiff's Motion for Discovery, (Doc. 5), is GRANTED insofar as limited expedited discovery shall occur prior to the Court's ruling on the request for a preliminary injunction. The Court shall set a status conference concerning the scope and schedule of discovery. Signed by Judge John W. deGravelles on 05/23/2018. (KDC) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

Clearinghouse
44

Notice to Counsel: Status Conference set for 6/11/2018 at 9:30 AM in chambers before Judge John W. deGravelles. Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

PACER
45

MOTION for Appearance of Joseph S. St. John as Counsel by All Defendants. (Attachments: # 1 Proposed Pleading; Proposed Order)(Murrill, Elizabeth) Modified to edit text on 6/4/2018 (SGO). (Entered: 06/01/2018)

June 1, 2018

June 1, 2018

PACER

MOTION(S) REFERRED: 45 MOTION for Appearance of Joseph S. St. John as Counsel. This motion is now pending before the USMJ. (SGO)

June 4, 2018

June 4, 2018

PACER
46

ORDER granting 45 Motion for Appearance of Additional Counsel for Rebekah Gee. Attorney Joseph Scott St. John enrolled as additional counsel for Defendant Rebekah Gee in this matter. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 6/5/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 06/05/2018)

June 5, 2018

June 5, 2018

PACER
47

NOTICE OF APPEAL to the USCA for the 5th Circuit of 43 Ruling and Order by Rebekah Gee. Filing fee $ 505, receipt number 053N-1777588. The transcript request form for appeal cases is located at www.lamd.uscourts.gov/local-forms/all-local-forms. (Murrill, Elizabeth) Modified to edit text on 6/6/2018 (SGO). (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
48

MOTION to Continue and Vacate Hearings by Rebekah Gee. (Attachments: # 1 Proposed Pleading; Proposed Order)(Murrill, Elizabeth) (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

PACER
49

ORDER granting in part and denying in part 48 Motion to continue and vacate hearings. The motion to continue the status conference set for 06/11/2018 is DENIED. The Court is converting the 06/11/2018 status conference to a telephone conference that will now be held on Wednesday, June 13, 2018 at 9:00 a.m. ALL parties will be allowed to participate by telephone. Counsel for Plaintiffs, Yekaterina (Katie) Reyzis, is responsible for coordinating the call to the Court. During this telephone conference, the Court will hear arguments on the issue of whether this matter should be stayed pending the Notice of Appeal. On or before 3:00 p.m. on 06/11/2018, counsel shall file pocket briefs into the record (not to exceed 5 pages) setting forth their position on the issues of whether this Court lacks jurisdiction to compel discovery, to hold a preliminary injunction hearing, or to issue a preliminary injunction or any other form of relief (that is, whether the Court should stay all proceedings, pending appeal). Signed by Judge John W. deGravelles on 06/08/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

PACER

Set Deadline for telephone conference(for calendaring purposes only): Telephone Conference set for 6/13/2018 at 09:00 AM before Judge John W. deGravelles. (KDC)

June 8, 2018

June 8, 2018

PACER
50

Plaintiffs' BRIEF on this Court's Jurisdiction. (Robb, Brandon) Modified to edit text on 6/11/2018 (SGO). (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

PACER
51

Defendant's BRIEF Re: Case Status Pending Appeal (Murrill, Elizabeth) Modified on 6/11/2018 to edit text (SGO). (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

PACER
52

TRANSCRIPT REQUEST by Planned Parenthood Gulf Coast, Inc. for proceedings held on 6/13/2018 before Judge Hon. John W. deGravelles.. (Robb, Brandon) Modified on 6/13/2018 to flatten document and form forwarded to the DQA via email. (EDC). (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
54

Minute Entry for proceedings held before Judge John W. deGravelles: Telephone Status Conference held on 6/13/2018. The Court heard arguments from the parties on the pending 48 motion to vacate the hearing filed by the Defendant. After hearing arguments from the parties and fororal reasons assigned, the Defendants 48 motion to vacate the hearing for the preliminary injunction calendared for the week of 7/23/2018, is GRANTED, and all proceedings are STAYED pending the resolution of the Defendants Appeal. (Recorded.) (LLH) (Entered: 06/18/2018)

June 13, 2018

June 13, 2018

RECAP
53

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion hearing by telephone before Judge John W. deGravelles held on June 13, 2018. Court Reporter: Gina Delatte-Richard. Phone Number: 225-389-3564. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.lamd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/9/2018. Redacted Transcript Deadline set for 7/19/2018. Release of Transcript Restriction set for 9/17/2018. (Delatte-Richard, Gina) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
55

TRANSCRIPT REQUEST by Rebekah Gee for proceedings held on 3/5/18, 6/13/18 before Judge deGravelles, re 47 Notice of Appeal to the USCA for the 5th Circuit, (Attachments: # 1 Attachment)(Murrill, Elizabeth) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
56

USCA Case Number 18-30699 for 47 Notice of Appeal to the USCA for the 5th Circuit, filed by Rebekah Gee. (KAH) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
57

NOTICE TO COUNSEL: The Plaintiffs' 3 motion for preliminary injunction is held in abeyance pending the outcome of the appeal in this matter. Once the appeal has concluded, it is mover's responsibility to advise the Court by written notice that the Plaintiffs' motion for preliminary injunction is to be returned to the Court's active motion list. Signed by Judge John W. deGravelles on 7/3/2018. (SGO) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
58

Electronic Access to the Record on Appeal is now available through the Court of Appeals CM/ECF document filing system. Instructions for accessing the record can be found at www.ca5.uscourts.gov/attorneys/attorney-forms/eroa_downloads. Request for paper exhibits in addition to the record on appeal and shipping information should be faxed to the clerks office at 225-389-3501. The clerk of court will retain the responsibility of sending the record to the 5th Circuit upon their request. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

PACER

Record on Appeal #18-30699 Electronically Certified regarding 47 Notice of Appeal to the USCA for the 5th Circuit. US Court of Appeals notified of certification. (KAH)

July 10, 2018

July 10, 2018

PACER
59

ORDER of USCA granting Motion to extend time to file appellant's brief filed by Appellant Ms. Rebekah Gee (KAH) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
60

Unopposed MOTION for Jennifer Keighley to Withdraw as Attorney by All Plaintiffs. (Attachments: # 1 Attachment Proposed Order)(Keighley, Jennifer) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
61

Unopposed MOTION for Jennifer Keighley to Withdraw as Attorney by All Plaintiffs. (Attachments: # 1 Attachment Proposed Order)(Keighley, Jennifer) Modified on 11/8/2018 to edit the text (KAH). (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER

MOTION(S) REFERRED: 60 Unopposed MOTION for Jennifer Keighley to Withdraw as Attorney . This motion is now pending before the USMJ. (KAH)

Nov. 7, 2018

Nov. 7, 2018

PACER
62

ORDER denying 60 Motion to Withdraw as Attorney. Motion not signed by withdrawing attorney. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/8/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER
63

ORDER granting 61 Motion to Withdraw as Attorney. Attorney Jennifer Keighley is withdrawn as counsel for Plaintiffs in this matter. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/8/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER

MOTION(S) REFERRED: 61 Unopposed MOTION for Jennifer Keighley to Withdraw as Attorney. This motion is now pending before the USMJ. (KAH)

Nov. 8, 2018

Nov. 8, 2018

PACER
64

Electronic Access to the Record on Appeal is now available to Jennifer Keighley through the Court of Appeals CM/ECF document filing system. Instructions for accessing the record can be found at www.ca5.uscourts.gov/attorneys/attorney-forms/eroa_downloads. Request for paper exhibits in addition to the record on appeal and shipping information should be faxed to the clerks office at 225-389-3501. The clerk of court will retain the responsibility of sending the record to the 5th Circuit upon their request. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 12/17/2018)

Dec. 17, 2018

Dec. 17, 2018

PACER
65

MOTION to Substitute Party by All Defendants. (Attachments: # 1 Order)(Murrill, Elizabeth) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

PACER

MOTION(S) REFERRED: 65 MOTION to Substitute Party . This motion is now pending before the USMJ. (LT)

Feb. 6, 2020

Feb. 6, 2020

PACER
66

ORDER granting 65 Motion to Substitute Party. Stephen Russo added. Rebekah Gee (in her official capacity as Secretary of the Louisiana Department of Health) terminated. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 3/12/2020. (SWE) (Entered: 03/12/2020)

March 12, 2020

March 12, 2020

PACER
67

MOTION for Stephen S. Schwartz to Withdraw as Attorney by All Defendants. (Attachments: # 1 Attachment Proposed Order)(Schwartz, Stephen) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
68

MOTION to Substitute MOTION for Stephen S. Schwartz to Withdraw as Attorney by All Defendants. (Attachments: # 1 Proposed Pleading; Corrected Motion, # 2 Attachment Proposed Order)(Schwartz, Stephen) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER

MOTION(S) REFERRED: 67 MOTION for Stephen S. Schwartz to Withdraw as Attorney . This motion is now pending before the USMJ. (EDC)

Dec. 17, 2020

Dec. 17, 2020

PACER

MOTION(S) REFERRED: 68 MOTION to Substitute MOTION for Stephen S. Schwartz to Withdraw as Attorney . This motion is now pending before the USMJ. (EDC)

Dec. 18, 2020

Dec. 18, 2020

PACER
69

ORDER granting 68 MOTION to Substitute and the Clerk's Office shall substitute R. Doc. 68-1 in place of R. Doc. 67. The 67 Corrected Motion to Withdraw Stephen S. Schwartz as Counsel is GRANTED as substituted. Attorney Stephen S. Schwartz is withdrawn as pro hac vice co-counsel for defendants Stephen Russo and Rebekah Gee. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 12/21/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER

Order on Motion to Substitute Pleading (In Order to Correct Deficiency) AND Order on Motion to Withdraw as Attorney

Dec. 21, 2020

Dec. 21, 2020

PACER
70

MANDATE of USCA as to 47 Notice of Appeal to the USCA for the 5th Circuit, filed by Rebekah Gee. Action Taken at the Circuit: The judgment of the District Court is REMANDED to the District Court for further proceedings in accordance with the opinion of this Court. (SWE) (Entered: 01/21/2022)

Jan. 21, 2022

Jan. 21, 2022

PACER
71

Notice to Counsel: Status Conference is set for 2/8/2022 at 3:00 PM by zoom before Judge John W. deGravelles. Participants must be in appropriate courtroom attire, seated in a private room or office, and using a camera that is stationary. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 01/21/2022)

Jan. 21, 2022

Jan. 21, 2022

PACER
72

NOTICE of Change of Address by Brandon Herrick Robb (Robb, Brandon) (Entered: 01/27/2022)

Jan. 27, 2022

Jan. 27, 2022

PACER
73

MOTION for Anne Malik to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2390088) by All Plaintiffs. (Robb, Brandon) (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

PACER
74

MOTION for Jennifer Keighley to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2390097) by All Plaintiffs. (Robb, Brandon) (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

PACER
75

STRICKEN FROM THE RECORD MOTION for Andrea L. Rubin to Withdraw as Attorney by All Plaintiffs. (Robb, Brandon) Modified on 2/4/2022 to remove document as it has been stricken (LLH). (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

PACER
76

ORDER granting 73 and 74 Motions to Appear Pro Hac Vice. Attorneys Anne Malik and Jennifer Keighley are enrolled as pro hac vice co-counsel for plaintiffs. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 1/31/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration. (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: Feb. 23, 2018

Closing Date: Feb. 8, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Planned Parenthood Gulf Coast, Planned Parenthood Center for Choice, and three private plaintiffs

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

Lousiana Department of Health, State

Defendant Type(s):

Hospital/Health Department

Facility Type(s):

Non-government non-profit

Case Details

Causes of Action:

42 U.S.C. § 1983

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Issues

Reproductive rights:

Abortion

Access (physical)

Facility requirements

Licensing restriction

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