Case: Planned Parenthood South Atlantic v. Baker

3:18-cv-02078 | U.S. District Court for the District of South Carolina

Filed Date: July 27, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This case arose after South Carolina cut Planned Parenthood's Medicaid funding because Planned Parenthood provides abortions outside of what is funded by Medicaid.  In May, 2018, South Carolina's Governor ordered the South Carolina Department of Health and Human Services to terminate Planned Parenthood's status as a qualified Medicaid provider. On July 27, 2018, Planned Parenthood of South Atlantic filed suit against Joshua Baker in his official capacity as South Carolina's Director of Health a…

This case arose after South Carolina cut Planned Parenthood's Medicaid funding because Planned Parenthood provides abortions outside of what is funded by Medicaid. 

In May, 2018, South Carolina's Governor ordered the South Carolina Department of Health and Human Services to terminate Planned Parenthood's status as a qualified Medicaid provider. On July 27, 2018, Planned Parenthood of South Atlantic filed suit against Joshua Baker in his official capacity as South Carolina's Director of Health and Human Services seeking declaratory and injunctive relief. Planned Parenthood's action was brought under the Medicaid Statute as well as the 14th Amendment of the Federal Constitution. Plaintiffs filed suit in the District of South Carolina, Charleston Division and was assigned to Judge Mary Geiger Lewis. 

Plaintiffs alleged that South Carolina’s actions violated §1396a(a)(23) of the Medicaid statute which mandates that patients be allowed to choose any willing, qualified health care provider in the medicaid program. Plaintiffs also alleged that South Carolina's actions violate the equal protection clause by singling out Planned Parenthood, its staff and patients for unfavorable treatment without adequate justification. Plaintiffs further alleged that South Carolina's actions violate the 14th amendment by punishing a constitutionally protected activity without adequate justification. 

On July 30, 2018 Planned Parenthood filed a motion to certify a class on behalf of all medicaid recipients who obtain services from Planned Parenthood. This motion was denied on March 23, 2019 because the court found it could provide plaintiffs broad relief without certifying a class. 

On August 28, 2018 the court granted a preliminary injunction against South Carolina, preventing the state from terminating the Medicaid enrollment agreement of Planned Parenthood South Atlantic. The trial court found that the Medicaid statute's language indicates that Congress intended for it to create a private right of action for individuals, that plaintiffs were likely to succeed on the merits of their Medicaid Act claim because the statute does not allow states to limit providers' coverage for reasons outside being unqualified (which it is undisputed does not apply to Planned Parenthood) and that plaintiffs are likely to suffer irreparable harm from the state's actions. South Carolina appealed the injunction to the Fourth Circuit Court of Appeals, who affirmed the injunction on October 29, 2019 using the same reasoning as the trial court. On January 3, 2020 South Carolina subsequently appealed the injunction to the Supreme Court, who denied the appeal. 

On September 17, 2020 the court granted Planned Parenthood’s motion for summary judgment under the Medicaid Act and issued a permanent injunction. The court reaffirmed its reasoning from the Preliminary Injunction order. Because the plaintiff's claim for relief was granted under their Medicaid claim, the court did not reach their constitutional arguments. South Carolina appealed the injunction to the Fourth Circuit, who affirmed the injunction on March 30, 2022, reaffirming their prior opinion on the preliminary injunction appeal. 

On May 6th, 2022 South Carolina petitioned the United States Supreme Court to resolve a circuit split as to “Whether Spending Clause statutes ever give rise to privately enforceable rights under § 1983, and if so, what is the proper framework for deciding when they do” and “Whether, assuming Spending Clause statutes ever give rise to privately enforceable rights under § 1983, the Medicaid Act’s any-qualified-provider provision creates a privately enforceable right to challenge a state’s determination that a provider is not qualified to provide certain medical services.” On June 20, 2023 the Supreme Court agreed to hear the first question only. 

This case is ongoing. 

Summary Authors

Daria Wick (2/2/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7774199/parties/planned-parenthood-south-atlantic-v-baker/


Judge(s)

Lewis, Mary Geiger (South Carolina)

Attorney for Plaintiff

Burnette, Mary Malissa (South Carolina)

Clapman, Alice (South Carolina)

Attorney for Defendant

Jolley, Kelly M (South Carolina)

Kirk, Ariail Burnside (South Carolina)

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Documents in the Clearinghouse

Document
1

3:18-cv-02078

Complaint for Injunctive and Declaratory Relief - Class Action

July 12, 2018

July 12, 2018

Complaint
30

3:18-cv-02078

Memorandum Opinion and Order Granting Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction

Aug. 28, 2018

Aug. 28, 2018

Order/Opinion
61

18-02133

Opinion

U.S. Court of Appeals for the Fourth Circuit

Oct. 29, 2019

Oct. 29, 2019

Order/Opinion
61

18-02133

Opinion

U.S. Court of Appeals for the Fourth Circuit

Oct. 29, 2019

Oct. 29, 2019

Order/Opinion

941 F.3d 687

64

3:18-cv-02078

Memorandum Opinion and Order Denying Defendants Motion to Dismiss and Plaintiffs' Motion to Certify Class

March 23, 2020

March 23, 2020

Order/Opinion

2020 WL 1434946

71

3:18-cv-02078

Memorandum Opinion and Order Granting Plaintiffs' Motion for Summary Judgment as to Count One of the Complaint

Sept. 17, 2020

Sept. 17, 2020

Order/Opinion

487 F.Supp.3d 443

66

18-02133

Writ of Certiorari Denied

Supreme Court of the United States

Oct. 13, 2020

Oct. 13, 2020

Order/Opinion

141 S.Ct. 550

75

3:18-cv-02078

Judgment in a Civil Action

Dec. 11, 2020

Dec. 11, 2020

Order/Opinion
77

3:18-cv-02078

Declaratory Judgment and Permanent Injunction

Dec. 14, 2020

Dec. 14, 2020

Order/Opinion
28-1

21-1043

Brief of Reproductive Rights and Justice Organizations and Allied Organizations as Amici Curiae in Support of Plaintiffs-Appellees and Affirmance

Planned Parenthood South Atlantic v. Phillip

U.S. Court of Appeals for the Fourth Circuit

June 3, 2021

June 3, 2021

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7774199/planned-parenthood-south-atlantic-v-baker/

Last updated April 18, 2025, 9:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Joshua Baker ( Filing fee $ 400 receipt number 0420-7913336.), filed by Planned Parenthood South Atlantic and Julie Edwards. Service due by 10/25/2018. (vdru, ) Modified to edit text on 7/30/2018 (vdru, ). (Entered: 07/30/2018)

July 27, 2018

July 27, 2018

Clearinghouse
2

Local Rule 26.01 Answers to Interrogatories by Planned Parenthood South Atlantic and Julie Edwards.(vdru, ). (Entered: 07/30/2018)

July 27, 2018

July 27, 2018

PACER
3

Summons Issued as to Joshua Baker. (vdru, ) (Entered: 07/30/2018)

July 30, 2018

July 30, 2018

PACER
5

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Julie Edwards, Planned Parenthood South Atlantic. Response to Motion due by 8/13/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support, # 2 Exhibit 1 - Declaration Jenny Black, # 3 Exhibit 2 - Declaration of Julie Edwards)No proposed order.(Burnette, Mary). Modified to add additional motion relief and to edit text on 8/15/2018 (cbru, ). (Entered: 07/30/2018)

July 30, 2018

July 30, 2018

PACER
6

MOTION to Certify Class by Julie Edwards, Planned Parenthood South Atlantic. Response to Motion due by 8/13/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support)No proposed order.(Burnette, Mary) (Entered: 07/30/2018)

July 30, 2018

July 30, 2018

PACER
8

SUMMONS Returned Executed by Planned Parenthood South Atlantic, Julie Edwards. Joshua Baker served on 7/30/2018, answer due 8/20/2018. (Attachments: # 1 Affidavit Affidavit of Service)(Burnette, Mary) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
9

MOTION to Appear Pro Hac Vice by Jennifer Sandman ( Filing fee $ 250 receipt number 0420-7929841) by Julie Edwards, Planned Parenthood South Atlantic. Response to Motion due by 8/21/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1 - Application for Pro Hac Vice Admission of Jennifer Sandman, # 2 Exhibit 2 - PHV Attorney Name and Address Update Form)No proposed order.(Burnette, Mary) (Attachment 1 replaced on 8/7/2018) (vdru, ). Modified to replace attached with corrected document as provided by filer on 8/7/2018 (vdru, ). (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
10

MOTION to Transfer Case to Columbia Division by Joshua Baker. Response to Motion due by 8/21/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support, # 2 Exhibit 1 - June 15, 2015 PPSAT Pharmacy Enrollment Form & Participation Agreement, # 3 Exhibit 2 - June 5, 2015 PPSAT Physician Group Enrollment Form & Participation Agreement)No proposed order.(Jolley, Kelly) Modified to edit text and to remove attachment and file separately as document # 20 on 8/15/2018 (cbru, ). (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
20

Local Rule 26.01 Answers to Interrogatories by Joshua Baker.(cbru, ) (Entered: 08/15/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
11

MOTION to Appear Pro Hac Vice by Alice Chapman ( Filing fee $ 250 receipt number 0420-7932724) by Julie Edwards, Planned Parenthood South Atlantic. Response to Motion due by 8/22/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1 - Application for Pro Hac Vice Admission of Alice Chapman, # 2 Exhibit 2 - PHV Attorney Name and Address Update Form)No proposed order.(Burnette, Mary) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
12

TEXT ORDER: The Court held a telephone conference with counsel in this case on Wednesday, August 8, 2018, to discuss scheduling issues. Based on the discussion, the Court imposes the following deadlines: Plaintiffs response to Defendants Motion to Transfer is due by Friday, August 10, 2018. Any reply by Defendant is due by Tuesday, August 14, and the Court will promptly rule on Defendants Motion to Transfer. Defendants response to Plaintiffs Motion for Temporary Restraining Order remains due by August 13, 2018, but Defendants response to Plaintiffs Motion to Certify Class is now due by August 20, 2018. If this case is not transferred to the Columbia Division, then Judge Hendricks will hear Plaintiffs Motion for Temporary Restraining Order on Thursday, August 23, 2018, at 3:00 p.m. Entered at the Direction of The Honorable Bruce Howe Hendricks on 8/8/2018. (vdru, ) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
13

NOTICE of Appearance by Ariail Burnside Kirk on behalf of Joshua Baker (Kirk, Ariail) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
14

TEXT ORDER granting 9 Motion to Appear Pro Hac Vice; granting 11 Motion to Appear Pro Hac Vice. Jennifer R. Sandman and Alice Clapman are granted PHV admission in this case as counsel for Planned Parenthood South Atlantic. Entered at the Direction of The Honorable Bruce Howe Hendricks on 8/10/2018.(vdru, ) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
15

RESPONSE in Opposition re 10 MOTION to Transfer Case to Columbia Division Response filed by Planned Parenthood South Atlantic.Reply to Response to Motion due by 8/17/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit 1 - Declaration of Jenny Black)(Burnette, Mary) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

PACER
16

RESPONSE in Opposition re 5 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction. Response filed by Joshua Baker.Reply to Response to Motion due by 8/20/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit 1 - June 15, 2015 PPSAT Pharmacy Enrollment Form & Participation Agreement, # 2 Exhibit 2 - June 5, 2015 PPSAT Physician Group Enrollment Form & Participation Agreement, # 3 Affidavit of Nancy Sharpe, # 4 Affidavit of Erin Boyce)(Jolley, Kelly) Modified to edit text on 8/15/2018 (cbru, ). (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
17

REPLY to Response to Motion re 10 MOTION to Transfer Case to Columbia Division Response filed by Joshua Baker. (Jolley, Kelly) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
18

ORDER granting 10 Motion to Transfer Case: The Court transfers venue of this case to the Columbia Division of the District of South Carolina. Signed by Honorable Bruce Howe Hendricks on 8/14/2018.(vdru, ) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
19

Case Reassigned to Judge Honorable Mary Geiger Lewis. Judge Honorable Bruce Howe Hendricks no longer assigned to the case. (glev, ) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
21

TEXT ORDER granting 9 Motion to Appear Pro Hac Vice; granting 11 Motion to Appear Pro Hac Vice. Jennifer R. Sandman and Alice Clapman are granted PHV admission in this case as counsel for Julie Edwards. Nunc pro tunc 8/10/2018. Signed by Honorable Mary Geiger Lewis on 8/15/2018. (cbru, ) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
22

NOTICE of Hearing on 5 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction: Motion Hearing set for 8/23/2018 10:30 AM in Columbia # 2, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Mary Geiger Lewis. (cbru, ) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
23

RESPONSE in Opposition re 6 MOTION to Certify Class Response filed by Joshua Baker.Reply to Response to Motion due by 8/27/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit 1, PPSAT Enrollment Agreement for Physician Group, # 2 Exhibit 2, PPSAT Enrollment Agreement for Pharmacy, # 3 Exhibit 3, blank SCDHHS Form 3400, # 4 Exhibit 4, SCDHHS Medicaid Member Handbook, # 5 Exhibit 5, Executive Order 2018-21, # 6 Exhibit 6, Termination Letter, # 7 Exhibit 7, Notice of Appeal)(Jolley, Kelly) Modified to edit text on 8/21/2018 (cbru, ). (Main Document 23 replaced on 8/21/2018) (cbru, ). (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

PACER
24

REPLY to Response to Motion re 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Response filed by Julie Edwards, Planned Parenthood South Atlantic. (Attachments: # 1 Exhibit 1 - Supplemental Declaration of Jenny Black)(Burnette, Mary) (Attachment 1 replaced on 8/24/2018) (cbru, ). Modified to edit text on 8/24/2018 (cbru, ). (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

PACER
25

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction. (Response to Motion due by 9/4/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.) by Joshua Baker. (Attachments: # 1 Memo in Support, # 2 Exhibit 1, PPSAT Enrollment Agreement for Physician Group, # 3 Exhibit 2, PPSAT Enrollment Agreement for Pharmacy, # 4 Exhibit 3, blank SCDHHS Form 3400, # 5 Exhibit 4, SCDHHS Medicaid Member Handbook, # 6 Exhibit 5, Executive Order 2018-21, # 7 Exhibit 6, Termination Letter, # 8 Exhibit 7, Notice of Appeal)No proposed order.(Jolley, Kelly) Modified to edit text and to correct motion relief on 8/21/2018 (cbru, ). (Attachment 1 replaced on 8/21/2018) (cbru, ). (Entered: 08/20/2018)

1 Memo in Support

View on RECAP

2 Exhibit 1, PPSAT Enrollment Agreement for Physician Group

View on RECAP

3 Exhibit 2, PPSAT Enrollment Agreement for Pharmacy

View on RECAP

4 Exhibit 3, blank SCDHHS Form 3400

View on RECAP

5 Exhibit 4, SCDHHS Medicaid Member Handbook

View on RECAP

6 Exhibit 5, Executive Order 2018-21

View on RECAP

7 Exhibit 6, Termination Letter

View on RECAP

8 Exhibit 7, Notice of Appeal

View on RECAP

Aug. 20, 2018

Aug. 20, 2018

RECAP
26

Minute Entry. Proceedings held before Honorable Mary Geiger Lewis: Motion Hearing held on 8/23/2018 re 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Planned Parenthood South Atlantic, Julie Edwards. Court takes motion under advisement, written order forthcoming. Court Reporter Kathleen Richardson. (mdea ) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
27

CONFERENCE AND SCHEDULING ORDER: Rule 26 Report due by 10/1/2018, Motions to Amend Pleadings due by 10/26/2018, Plaintiffs ID of Expert Witness due by 11/26/2018, Defendants ID of Expert Witnesses Due by 12/27/2018, Records Custodian Affidavit due by 12/27/2018, Discovery due by 2/25/2019, Motion in Limine due by 6/6/2019, Motions due by 3/11/2019, Rule 26(a)(3) Disclosures due by 5/24/2019, Bench Trial Deadline 6/27/2019, Mediation Due by 5/9/2019. Signed by Honorable Mary Geiger Lewis on 8/27/2018. (cbru, ) (Entered: 08/27/2018)

Aug. 27, 2018

Aug. 27, 2018

PACER
28

MEDIATION ORDER. Signed by Honorable Mary Geiger Lewis on 8/27/2018. (cbru, ) (Entered: 08/27/2018)

Aug. 27, 2018

Aug. 27, 2018

PACER
29

REPLY to Response to Motion re 6 MOTION to Certify Class Response filed by Julie Edwards, Planned Parenthood South Atlantic. (Burnette, Mary) (Entered: 08/27/2018)

Aug. 27, 2018

Aug. 27, 2018

PACER
30

MEMORANDUM OPINION AND ORDER GRANTING 5 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction. (Bond due by 9/4/2018) Signed by Honorable Mary Geiger Lewis on 8/28/2018. (cbru, ) (Entered: 08/28/2018)

Aug. 28, 2018

Aug. 28, 2018

Clearinghouse
31

RESPONSE in Opposition re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Response filed by Planned Parenthood South Atlantic, Julie Edwards. Reply to Response to Motion due by 9/11/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Burnette, Mary) Modified to add filer listed on document on 9/5/2018 (cbru, ). (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

RECAP
32

BOND in the amount of $1000.00 posted by Julie Edwards, Planned Parenthood South Atlantic (cbru, ) (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

PACER
33

Consent MOTION for Extension of Time to Apply for Attorneys' Fees and Costs by Julie Edwards, Planned Parenthood South Atlantic. Response to Motion due by 9/24/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Burnette, Mary) (Entered: 09/10/2018)

Sept. 10, 2018

Sept. 10, 2018

PACER
34

TEXT ORDER granting 33 Motion for Extension of Time. Signed by Honorable Mary Geiger Lewis on 9/10/2018.(cbru, ) (Entered: 09/10/2018)

Sept. 10, 2018

Sept. 10, 2018

PACER
35

REPLY to Response to Motion re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Response filed by Joshua Baker. (Kirk, Ariail) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

RECAP
36

Rule 26(f) Report by Julie Edwards, Planned Parenthood South Atlantic.(McDaniel, Kathleen) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

PACER
37

NOTICE OF APPEAL as to 30 Order, Set Deadlines, Terminate Motions by Joshua Baker. - Filing fee $ 505, receipt number 0420-8022888. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Jolley, Kelly) (Entered: 09/27/2018)

Sept. 27, 2018

Sept. 27, 2018

PACER
38

Transmittal Sheet for Notice of Appeal to USCA re 37 Notice of Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (cbru, ) (Entered: 09/27/2018)

Sept. 27, 2018

Sept. 27, 2018

PACER
40

Local Rule 26.03 Answers to Interrogatories by Joshua Baker.(Jolley, Kelly) (Entered: 10/01/2018)

Oct. 1, 2018

Oct. 1, 2018

PACER
41

Local Rule 26.03 Answers to Interrogatories by Julie Edwards, Planned Parenthood South Atlantic.(Burnette, Mary) (Entered: 10/03/2018)

Oct. 3, 2018

Oct. 3, 2018

RECAP
43

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Motion hearing for date of August 23, 2018, before Judge Mary Geiger Lewis, re 37 Notice of Appeal, Court Reporter/Transcriber Kathleen Richardson, RMR, CRR, Telephone number/e-mail Kathleen_Richardson@scd.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. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Does this satisfy all appellate orders for this reporter? Y Redaction Request due 11/5/2018. Redacted Transcript Deadline set for 11/15/2018. Release of Transcript Restriction set for 1/14/2019. (kari, ) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
46

USCA OPINION for 37 Notice of Appeal filed by Joshua Baker. Decision of Appeals Court AFFIRMED Decision of District Court. (cbru, ) (Entered: 10/29/2019)

Oct. 29, 2019

Oct. 29, 2019

PACER
47

USCA MANDATE and JUDGMENT as to 37 Notice of Appeal, filed by Joshua Baker (Attachments: # 1 4CCA Judgment)(cbru, ) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

PACER
48

AMENDED SCHEDULING ORDER: Motions to Amend Pleadings due by 1/6/2020, Plaintiffs ID of Expert Witness due by 2/4/2020, Defendants ID of Expert Witnesses Due by 3/5/2020, Records Custodian Affidavit due by 3/5/2020, Discovery due by 5/4/2020, Motion in Limine due by 8/18/2020, Motions due by 5/19/2020, Rule 26(a)(3) Disclosures due by 8/3/2020, Bench Trial Deadline 9/8/2020, Mediation Due by 7/20/2020. Signed by Honorable Mary Geiger Lewis on 12/6/2019. (cbru, ) (Entered: 12/06/2019)

Dec. 6, 2019

Dec. 6, 2019

PACER
50

MOTION to Stay re 48 Scheduling Order by Julie Edwards, Planned Parenthood South Atlantic. Response to Motion due by 2/5/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Burnette, Mary) Modified to correct filing and response due dates on 1/23/2020 (cbru, ). (Entered: 01/23/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
51

DELETION OF DOCKET ENTRY NUMBER 49. Reason: Incorrect attorney log in used. Corrected Filing Document Number 50 . Modified filing date to that of original filing: 1/22/2020. Response due date modified to that of original filing: 2/5/2020. (cbru, ) (Entered: 01/23/2020)

Jan. 23, 2020

Jan. 23, 2020

PACER
52

MOTION for Summary Judgment by Julie Edwards, Planned Parenthood South Atlantic. Response to Motion due by 2/14/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support)No proposed order.(Burnette, Mary) (Entered: 01/31/2020)

1 Memo in Support

View on RECAP

Jan. 31, 2020

Jan. 31, 2020

RECAP
53

RESPONSE in Opposition re 50 MOTION to Stay re 48 Scheduling Order Response filed by Joshua Baker.Reply to Response to Motion due by 2/12/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Jolley, Kelly) (Entered: 02/05/2020)

Feb. 5, 2020

Feb. 5, 2020

PACER
54

REPLY to Response to Motion re 50 MOTION to Stay re 48 Scheduling Order. Response filed by Julie Edwards, Planned Parenthood South Atlantic. Filing corrected for event type (cbru, ) (Entered: 02/10/2020)

Feb. 7, 2020

Feb. 7, 2020

PACER
55

Consent MOTION for Extension of Time to File Response/Reply as to 52 MOTION for Summary Judgment by Joshua Baker. Response to Motion due by 2/26/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Jolley, Kelly) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

PACER
56

TEXT ORDER granting 55 Motion for Extension of Time to File Response/Reply re 52 MOTION for Summary Judgment. (Response to Motion due by 2/24/2020) Signed by Honorable Mary Geiger Lewis on 2/13/2020.(cbru, ) (Entered: 02/13/2020)

Feb. 13, 2020

Feb. 13, 2020

PACER
57

Consent MOTION for Extension of Time to Respond to Defendant's Discovery Requests by Julie Edwards, Planned Parenthood South Atlantic. Response to Motion due by 2/28/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Burnette, Mary) (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

PACER
58

TEXT ORDER finding as moot 50 Motion to Stay; granting 57 Motion for Extension of Time. Signed by Honorable Mary Geiger Lewis on 2/18/2020.(cbru, ) (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

PACER
59

MOTION for Clarification re 58 Order on Motion to Stay, Order on Motion for Extension of Time by Julie Edwards, Planned Parenthood South Atlantic. Response to Motion due by 3/3/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Burnette, Mary) Modified to edit text on 2/18/2020 (cbru, ). (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

PACER
60

TEXT ORDER granting 59 Motion for Clarification. Plaintiffs' 50 Motion to Stay is denied and the 57 Consent MOTION for Extension of Time to Respond to Defendant's Discovery Requests is granted. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 2/18/2020.(cbru, ) (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

PACER
61

RESPONSE in Opposition re 52 MOTION for Summary Judgment. Response filed by Joshua Baker. Reply to Response to Motion due by 3/2/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit 1 - Notice of Appeal to SCDHHS Division of Appeals and Hearings, # 2 Exhibit 2 - Scheduling Order for Administrative Appeal)(Jolley, Kelly) Modified to edit text on 2/24/2020 (cbru, ). (Entered: 02/24/2020)

1 Exhibit 1 - Notice of Appeal to SCDHHS Division of Appeals and Hearings

View on RECAP

2 Exhibit 2 - Scheduling Order for Administrative Appeal

View on RECAP

Feb. 24, 2020

Feb. 24, 2020

RECAP
62

REPLY to Response to Motion re 52 MOTION for Summary Judgment. Response filed by Julie Edwards, Planned Parenthood South Atlantic. Filing corrected for event type (cbru, ) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

RECAP
64

MEMORANDUM OPINION AND ORDER denying 6 Motion to Certify Class; denying 25 Motion to Dismiss for Failure to State a Claim; denying 25 Motion to Dismiss for Lack of Jurisdiction. Signed by Honorable Mary Geiger Lewis on 3/23/2020.(cbru, ) (Entered: 03/24/2020)

March 23, 2020

March 23, 2020

Clearinghouse
65

TEXT ORDER: The mediation deadline in this case has passed, but no mediation tracking form has been received by the Court. Therefore, not later than August 12, 2020, counsel shall (1) file a joint status report with the Court informing it of the results of the mediation and (2) request the mediator submit a mediation tracking form forthwith. IT IS SO ORDERED. (Status Report due by 8/12/2020) Signed by Honorable Mary Geiger Lewis on 8/11/2020. (cbru, ) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
66

MOTION for Relief from Mediation Requirement by Julie Edwards, Planned Parenthood South Atlantic. Response to Motion due by 8/26/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(McDaniel, Kathleen) Modified to edit text on 8/12/2020 (cbru, ). (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
67

MOTION for Relief from Mediation Requirement by Joshua Baker. Response to Motion due by 8/26/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Kirk, Ariail) Modified to edit text on 8/12/2020 (cbru, ). (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
68

TEXT ORDER granting 66 Motion for Relief from Mediation Requirement; granting 67 Motion for Relief from Mediation Requirement. Signed by Honorable Mary Geiger Lewis on 8/13/2020.(cbru, ) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
69

RULE 26(a)(3)PRETRIAL DISCLOSURES by Julie Edwards, Planned Parenthood South Atlantic. Objections to PreTrial Disclosures due by 9/8/2020.(McDaniel, Kathleen) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
70

RULE 26(a)(3)PRETRIAL DISCLOSURES by Joshua Baker. Objections to PreTrial Disclosures due by 9/8/2020.(Kirk, Ariail) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER
71

MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS' 52 MOTION FOR SUMMARY JUDGMENT AS TO COUNT ONE OF THE COMPLAINT (Proposed order due by 9/24/2020) Signed by Honorable Mary Geiger Lewis on 9/17/2020. (cbru, ) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

Clearinghouse
72

MOTION for Extension of Time to Apply for Attorneys' Fees and Costs by Julie Edwards, Planned Parenthood South Atlantic. Response to Motion due by 10/6/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order)No proposed order.(McDaniel, Kathleen) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
73

TEXT ORDER: The Court grants Plaintiffs' Unopposed Motion To Extend Time To Apply For Attorneys' Fees and Costs, ECF 72 . The Court extends the time to move for attorneys' fees and costs until 30 days from either (1) the expiration of time to file an appeal or a petition for certiorari on the merits of the case; or (2) the conclusion of all substantive appeals. Signed by Honorable Mary Geiger Lewis on 9/24/2020.(cbru, ) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
74

STIPULATION of Dismissal without by Julie Edwards, Planned Parenthood South Atlantic. (McDaniel, Kathleen) (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

RECAP
75

*VACATED* JUDGMENT in favor of Planned Parenthood South Atlantic, Julie Edwards against Joshua Baker (cbru, ) Modified to edit text on 12/14/2020 (cbru, ). (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

Clearinghouse
76

TEXT ORDER Vacating 75 Judgment. Signed by Honorable Mary Geiger Lewis on 12/14/2020. (cbru, ) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
77

DECLARATORY JUDGMENT AND PERMANENT INJUNCTION in favor of Planned Parenthood South Atlantic, Julie Edwards against Joshua Baker (cbru, ) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

Clearinghouse
78

NOTICE OF APPEAL as to 77 Judgment, 71 Order,, Set Deadlines,, Terminate Motions, by Joshua Baker. - Filing fee $ 505, receipt number 0420-9575420. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Jolley, Kelly) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

RECAP
79

Transmittal Sheet for Notice of Appeal to USCA re 78 Notice of Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (cbru, ) (Entered: 01/08/2021)

Jan. 8, 2021

Jan. 8, 2021

RECAP
82

DELETION OF DOCKET ENTRY NUMBER 81. Reason: Filed in incorrect case by the Clerk. (cbru, ) (Entered: 01/12/2021)

Jan. 12, 2021

Jan. 12, 2021

PACER
83

USCA Opinion

March 8, 2022

March 8, 2022

PACER
84

USCA Mandate

March 30, 2022

March 30, 2022

PACER
85

USCA Opinion

March 5, 2024

March 5, 2024

PACER
86

USCA Mandate

March 27, 2024

March 27, 2024

PACER

Case Details

State / Territory: South Carolina

Case Type(s):

Healthcare Access and Reproductive Issues

Special Collection(s):

Planned Parenthood Medicaid Litigation

Key Dates

Filing Date: July 27, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff Planned Parenthood South Atlantic is a branch of Planned Parenthood, a non-profit which provides affordable and reliable reproductive and sexual health care services.

Attorney Organizations:

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

South Carolina, State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Reinstatement

Issues

Benefits (Source):

Medicaid

Reproductive rights:

Abortion

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