Case: Women's Health Center of West Virginia v. Sheth

2:23-cv-00079 | U.S. District Court for the Southern District of West Virginia

Filed Date: Feb. 1, 2023

Closed Date: April 17, 2023

Clearinghouse coding complete

Case Summary

In 2023, West Virginia abortion providers and advocates challenged multiple provisions of HB 302, the state's near-total abortion ban. On February 1, 2023, Women’s Health Center of West Virginia, and a private doctor plaintiff, (collectively “WHC”), represented by the ACLU and private counsel, sued the President and Secretary of the West Virginia Board of Medicine in the U.S. District Court for the Southern District of West Virginia. WHC challenged House Bill 302 (“HB 302”), enacted by the West…

In 2023, West Virginia abortion providers and advocates challenged multiple provisions of HB 302, the state's near-total abortion ban.

On February 1, 2023, Women’s Health Center of West Virginia, and a private doctor plaintiff, (collectively “WHC”), represented by the ACLU and private counsel, sued the President and Secretary of the West Virginia Board of Medicine in the U.S. District Court for the Southern District of West Virginia. WHC challenged House Bill 302 (“HB 302”), enacted by the West Virginia Legislature on September 13, 2022. HB 302 severely restricted the circumstances when abortion could be provided and imposed new requirements on how abortion care could be provided. Specifically, HB 302 required that all abortions be performed in a hospital, instead of an outpatient facility, and that any physician who provided a medication abortion have hospital privileges somewhere in the state. 

WHC alleged that HB 302 violated both the Due Process and Equal Protection Clauses of the Fourteenth Amendment, and sought preliminary and permanent injunctive relief and declaratory relief. This case was assigned to District Judge Irene C. Berger.

On April 17, 2023, the WHC submitted a notice of voluntary dismissal without prejudice, stating that the only two doctors who provided abortion care at WHC decided they can no longer do so in West Virginia. The case is now closed. 

Summary Authors

Danica Fong (2/22/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66779393/parties/womens-health-center-of-west-virginia-v-sheth/


Judge(s)

Berger, Irene Cornelia (West Virginia)

Attorney for Plaintiff

Bannon, Michael (West Virginia)

Buffington, Douglas P. (West Virginia)

Capehart, Curtis R. (West Virginia)

Chen, Angeline X. (West Virginia)

Attorney for Defendant

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Documents in the Clearinghouse

Document
1

2:23-cv-00079

Complaint

Feb. 1, 2023

Feb. 1, 2023

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66779393/womens-health-center-of-west-virginia-v-sheth/

Last updated Aug. 14, 2025, 9:13 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8356785. (Attachments: # 1 Exhibit A, # 2 Proposed Summons - Ashish P. Sheth, # 3 Proposed Summons - Matthew Christiansen, # 4 Civil Cover Sheet) (btm)

1 Exhibit A

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2 Proposed Summons - Ashish P. Sheth

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3 Proposed Summons - Matthew Christiansen

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4 Civil Cover Sheet

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Feb. 1, 2023

Feb. 1, 2023

Clearinghouse
2

ELECTRONIC SUMMONS ISSUED as to Ashish P. Sheth, Matthew Christiansen, re: 1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachment: # 1 Summons - Matthew Christiansen) (btm)

Feb. 1, 2023

Feb. 1, 2023

PACER
3

MOTION by John Doe, Women's Health Center of West Virginia for Preliminary Injunction (Attachments: # 1 Exhibit 1 - Declaration (Quinonez), # 2 Exhibit 2 - Declaration (Dr. John Doe), # 3 Exhibit 2.1 - Declaration Exhibit 1, # 4 Exhibit 2.2 - Declaration Exhibit 2, # 5 Exhibit 2.3 - Declaration Exhibit 3, # 6 Exhibit 3 - Declaration (Nichols), # 7 Exhibit 3.1 - Declaration Exhibit 1, # 8 Exhibit 4 - Declaration (Shtrakhman), # 9 Exhibit 4.1 - Declaration Exhibit A, # 10 Exhibit 4.2 - Declaration Exhibit B, # 11 Exhibit 4.3 - Declaration Exhibit C, # 12 Exhibit 4.4 - Declaration Exhibit D, # 13 Proposed Order Proposed Order)(Pomponio, Bren)

1 Exhibit 1 - Declaration (Quinonez)

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2 Exhibit 2 - Declaration (Dr. John Doe)

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3 Exhibit 2.1 - Declaration Exhibit 1

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4 Exhibit 2.2 - Declaration Exhibit 2

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5 Exhibit 2.3 - Declaration Exhibit 3

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6 Exhibit 3 - Declaration (Nichols)

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7 Exhibit 3.1 - Declaration Exhibit 1

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8 Exhibit 4 - Declaration (Shtrakhman)

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9 Exhibit 4.1 - Declaration Exhibit A

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10 Exhibit 4.2 - Declaration Exhibit B

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11 Exhibit 4.3 - Declaration Exhibit C

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12 Exhibit 4.4 - Declaration Exhibit D

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13 Proposed Order Proposed Order

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Feb. 1, 2023

Feb. 1, 2023

PACER
4

MOTION by John Doe, Women's Health Center of West Virginia for Leave to File Brief in Excess of the Page Limitation. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Pomponio, Bren)

Feb. 1, 2023

Feb. 1, 2023

PACER

CASE assigned to Judge Irene C. Berger. (klc)

Feb. 1, 2023

Feb. 1, 2023

PACER
5

ADMINISTRATIVE ORDER FOR ASSIGNMENT AND REFERRAL TO MAGISTRATE JUDGES OF CIVIL ACTIONS ASSIGNED TO JUDGE IRENE C. BERGER ENTERED NOVEMBER 12, 2019. This matter referred to Magistrate Judge Aboulhosn for Discovery. (cc: attys; any unrepresented party) (klc)

Feb. 2, 2023

Feb. 2, 2023

RECAP
6

MOTION by John Doe, Women's Health Center of West Virginia to Proceed Under Pseudonym and for a Protective Order. (Attachments: # 1 Declaration (under Seal), # 2 Exhibit 1 of Declaration (under seal), # 3 Declaration of Dr. John Doe in Support, # 4 Proposed Order)(Pomponio, Bren)

1 Declaration (under Seal)

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2 Exhibit 1 of Declaration (under seal)

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3 Declaration of Dr. John Doe in Support

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4 Proposed Order

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Feb. 2, 2023

Feb. 2, 2023

RECAP
7

DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Plaintiffs John Doe, Women's Health Center of West Virginia (Pomponio, Bren)

Feb. 2, 2023

Feb. 2, 2023

PACER
8

MOTION by John Doe, Women's Health Center of West Virginia for Leave to File Declaration and Exhibit 1 in Support of Motion for Protective Order Under Seal. (Attachments: # 1 Proposed Order, # 2 Sealed Document, # 3 Sealed Document)(Pomponio, Bren)

Feb. 2, 2023

Feb. 2, 2023

PACER
9

ORDER granting the 4 MOTION by Women's Health Center of West Virginia and Dr. John Doe for Leave to File Brief in Excess of the Page Limitation of Local Rule of Civil Procedure 7.1(a)(2); further directing that the [4-1] Memorandum be FILED. Signed by Judge Irene C. Berger on 2/2/2023. (cc: counsel of record and any unrepresented party) (arb)

Feb. 2, 2023

Feb. 2, 2023

PACER
10

MEMORANDUM OF LAW by Women's Health Center of West Virginia and Dr. John Doe in support of the 3 MOTION by Women's Health Center of West Virginia and Dr. John Doe for Preliminary Injunction (filed pursuant to 9 Order) (arb)

Feb. 2, 2023

Feb. 2, 2023

PACER

Case Assigned

Feb. 2, 2023

Feb. 2, 2023

PACER
11

STATEMENT OF VISITING ATTORNEY from Angeline X. Chen on behalf of Women's Health Center of West Virginia, John Doe. Local counsel: Bren J. Pomponio. Fee $50.00. Receipt # AWVSDC-8358104. (Pomponio, Bren)

Feb. 3, 2023

Feb. 3, 2023

PACER
12

STATEMENT OF VISITING ATTORNEY from Alexa Kolbi-Molinas on behalf of Women's Health Center of West Virginia, John Doe. Local counsel: Bren J. Pomponio. Fee $50.00. Receipt # AWVSDC-8358124. (Pomponio, Bren)

Feb. 3, 2023

Feb. 3, 2023

PACER
13

STATEMENT OF VISITING ATTORNEY from Alexander Robledo on behalf of Women's Health Center of West Virginia, John Doe. Local counsel: Bren J. Pomponio. Fee $50.00. Receipt # AWVSDC-8358133. (Pomponio, Bren)

Feb. 3, 2023

Feb. 3, 2023

PACER
14

STATEMENT OF VISITING ATTORNEY from Darina A. Shtrakhman on behalf of Women's Health Center of West Virginia, John Doe. Local counsel: Bren J. Pomponio. Fee $50.00. Receipt # AWVSDC-8358139. (Pomponio, Bren)

Feb. 3, 2023

Feb. 3, 2023

PACER
15

STATEMENT OF VISITING ATTORNEY from Julie M. Veroff on behalf of Women's Health Center of West Virginia, John Doe. Local counsel: Bren J. Pomponio. Fee $50.00. Receipt # AWVSDC-8358150. (Pomponio, Bren)

Feb. 3, 2023

Feb. 3, 2023

PACER
16

STATEMENT OF VISITING ATTORNEY from Kathleen Goodhart on behalf of Women's Health Center of West Virginia, John Doe. Local counsel: Bren J. Pomponio. Fee $50.00. Receipt # AWVSDC-8358154. (Pomponio, Bren)

Feb. 3, 2023

Feb. 3, 2023

PACER
17

STATEMENT OF VISITING ATTORNEY from Kathleen Hartnett on behalf of Women's Health Center of West Virginia, John Doe. Local counsel: Bren J. Pomponio. Fee $50.00. Receipt # AWVSDC-8358159. (Pomponio, Bren)

Feb. 3, 2023

Feb. 3, 2023

PACER
18

STATEMENT OF VISITING ATTORNEY from K.C. Jaski on behalf of Women's Health Center of West Virginia, John Doe. Local counsel: Bren J. Pomponio. Fee $50.00. Receipt # AWVSDC-8358164. (Pomponio, Bren)

Feb. 3, 2023

Feb. 3, 2023

PACER
19

STATEMENT OF VISITING ATTORNEY from Michael Bannon on behalf of Women's Health Center of West Virginia, John Doe. Local counsel: Bren J. Pomponio. Fee $50.00. Receipt # AWVSDC-8358168. (Pomponio, Bren)

Feb. 3, 2023

Feb. 3, 2023

PACER
20

STATEMENT OF VISITING ATTORNEY from Marc Suskin on behalf of Women's Health Center of West Virginia, John Doe. Local counsel: Bren J. Pomponio. Fee $50.00. Receipt # AWVSDC-8358173. (Pomponio, Bren)

Feb. 3, 2023

Feb. 3, 2023

PACER
21

STATEMENT OF VISITING ATTORNEY from Patrick Hayden on behalf of Women's Health Center of West Virginia, John Doe. Local counsel: Bren J. Pomponio. Fee $50.00. Receipt # AWVSDC-8358178. (Pomponio, Bren)

Feb. 3, 2023

Feb. 3, 2023

PACER
22

STATEMENT OF VISITING ATTORNEY from Rachel Reeves on behalf of Women's Health Center of West Virginia, John Doe. Local counsel: Bren J. Pomponio. Fee $50.00. Receipt # AWVSDC-8358186. (Pomponio, Bren)

Feb. 3, 2023

Feb. 3, 2023

PACER
23

STATEMENT OF VISITING ATTORNEY from Reece Trevor on behalf of Women's Health Center of West Virginia, John Doe. Local counsel: Bren J. Pomponio. Fee $50.00. Receipt # AWVSDC-8358189. (Pomponio, Bren)

Feb. 3, 2023

Feb. 3, 2023

PACER
24

SUMMONS RETURNED EXECUTED for Ashish P. Sheth, re: 1 Complaint . Ashish P. Sheth served on 2/2/2023, answer due 2/23/2023. (Pomponio, Bren) (Modified on 2/6/2023 to add service and answer due dates) (kew).

Feb. 3, 2023

Feb. 3, 2023

PACER
25

SUMMONS RETURNED EXECUTED for Matthew Christiansen, re: 1 Complaint. Matthew Christiansen served on 2/2/2023, answer due 2/23/2023. (Pomponio, Bren) (Modified on 2/6/2023 to add service and answer due dates) (kew).

Feb. 3, 2023

Feb. 3, 2023

PACER
26

CERTIFICATE OF SERVICE by Women's Health Center of West Virginia, John Doe for Memorandum in Support of Motion Preliminary Injunction. (Pomponio, Bren) (Modified on 2/6/2023 to convert event to certificate of service) (kew).

Feb. 3, 2023

Feb. 3, 2023

PACER
27

CERTIFICATE OF SERVICE by John Doe, Women's Health Center of West Virginia for USB drive with the Exhibits of the Audio Recordings referenced in ECF No. 3.8 of "Declaration of Darina A. Shtrakhman" (USB maintained in the office of the Clerk). (Pomponio, Bren)

Feb. 7, 2023

Feb. 7, 2023

PACER
28

ORDER directing the Defendants to file a written response to the 3 MOTION by John Doe, Women's Health Center of West Virginia for Preliminary Injunction by 2/27/2023; counsel for the Plaintiffs are directed to serve this Order on the Defendants. Signed by Judge Irene C. Berger on 2/9/2023. (cc: counsel of record; any unrepresented party) (kew)

Feb. 9, 2023

Feb. 9, 2023

RECAP
29

CERTIFICATE OF SERVICE by John Doe, Women's Health Center of West Virginia for ECF No. 28, Order. (Pomponio, Bren)

Feb. 10, 2023

Feb. 10, 2023

PACER
30

MEMORANDUM OPINION AND ORDER granting Dr. John Doe's 6 MOTION to proceed under Pseudonym and for a Protective Order and granting Plaintiffs' 8 MOTION to Seal; directing that the exhibits attached to the 8 Motion be filed under seal ; the parties, their counsel and counsels employees are hereby ordered to keep the identity of Dr. Doe, as presented in the declaration, filed under seal, strictly confidential and are prohibited from disclosing Dr. Does identity publicly or to any individual not subject to this Protective Order. Signed by Judge Irene C. Berger on 2/16/2023. (cc: counsel of record; any unrepresented party) (lca)

Feb. 16, 2023

Feb. 16, 2023

RECAP
31

DECLARATION in support of 6 Motion for Protective Order filed pursuant to the 30 Memorandum Opinion and Order. (Attachment: # 1 Exhibit 1) (lca)

Feb. 16, 2023

Feb. 16, 2023

PACER
32

UNOPPOSED MOTION by State of West Virginia to Intervene and for Proposed Response Deadline. (Capehart, Curtis)

Feb. 17, 2023

Feb. 17, 2023

PACER
33

MEMORANDUM OF LAW by State of West Virginia in support of 32 UNOPPOSED MOTION by State of West Virginia to Intervene and for Proposed Response Deadline. (Capehart, Curtis)

Feb. 17, 2023

Feb. 17, 2023

PACER
34

MEMORANDUM OPINION AND ORDER granting State of West Virginia's 32 UNOPPOSED MOTION to Intervene; the State of West Virginia is permitted to intervene; directing that the State respond to the 3 Motion for Preliminary Injunction by 2/27/2023 and Plaintiffs' file a reply by 3/15/2023. Signed by Judge Irene C. Berger on 2/21/2023. (cc: counsel of record; any unrepresented party) (lca)

Feb. 21, 2023

Feb. 21, 2023

RECAP
35

MOTION by Matthew Christiansen, Ashish P. Sheth to Dismiss 1 Complaint. (Green, Roberta)

Feb. 22, 2023

Feb. 22, 2023

PACER
36

MEMORANDUM OF LAW by Matthew Christiansen, Ashish P. Sheth in support of 35 MOTION by Matthew Christiansen, Ashish P. Sheth to Dismiss 1 Complaint. (Green, Roberta)

Feb. 22, 2023

Feb. 22, 2023

PACER
37

RESPONSE by Matthew Christiansen, Ashish P. Sheth in opposition to 3 MOTION by John Doe, Women's Health Center of West Virginia for Preliminary Injunction (Green, Roberta)

Feb. 27, 2023

Feb. 27, 2023

RECAP
38

RESPONSE by State of West Virginia in opposition to 3 MOTION by John Doe, Women's Health Center of West Virginia for Preliminary Injunction. (Attachment: # 1 Exhibit 1)(Capehart, Curtis)

Feb. 27, 2023

Feb. 27, 2023

PACER
39

STATEMENT OF VISITING ATTORNEY from Denise M. Harle on behalf of State of West Virginia. Local counsel: Curtis R. A. Capehart. Fee $50.00. Receipt # AWVSDC-8372771. (Capehart, Curtis)

Feb. 28, 2023

Feb. 28, 2023

PACER
40

STATEMENT OF VISITING ATTORNEY from Julia C. Payne on behalf of State of West Virginia. Local counsel: Curtis R. A. Capehart. Fee $50.00. Receipt # AWVSDC-8372891. (Capehart, Curtis)

Feb. 28, 2023

Feb. 28, 2023

PACER
41

UNOPPOSED MOTION by John Doe, Women's Health Center of West Virginia for Extension of Time for Briefing re: 35 MOTION by Matthew Christiansen, Ashish P. Sheth to Dismiss 1 Complaint. (Pomponio, Bren)

March 6, 2023

March 6, 2023

PACER
42

ORDER granting 41 UNOPPOSED MOTION by John Doe, Women's Health Center of West Virginia for Extension of Time for Briefing; directing the following deadlines: State's motion to dismiss is due by 3/15/2023. Plaintiffs' response is due by 3/22/2023. Defendants' reply is due by 4/5/2023. Plaintiffs' response to the State's anticipated motion to dismiss is due by 4/10/2023. State's reply is due by 4/21/2023. Signed by Judge Irene C. Berger on 3/7/2023. (cc: counsel of record; any unrepresented party) (kew)

March 7, 2023

March 7, 2023

PACER
43

MOTION by State of West Virginia to Dismiss 1 Complaint. (Capehart, Curtis) (Modified on 3/20/2023 to add link to #1 complaint) (kew).

March 15, 2023

March 15, 2023

PACER
44

MEMORANDUM by State of West Virginia in support of 43 MOTION by State of West Virginia to Dismiss 1 Complaint. (Capehart, Curtis)

March 15, 2023

March 15, 2023

RECAP
45

MOTION by John Doe, Women's Health Center of West Virginia for Leave to File Brief in Excess of Page Limitation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Pomponio, Bren)

March 15, 2023

March 15, 2023

PACER
46

NOTICE OF CHANGE OF ATTORNEY INFORMATION by Bren J. Pomponio for Angeline X. Chen updating name and/or firm information on behalf of John Doe, Women's Health Center of West Virginia. (Pomponio, Bren)

March 15, 2023

March 15, 2023

PACER
47

ORDER granting 45 MOTION for Leave to File Brief in Excess to the extent it seeks to file exhibits, and granted in part to the extent it seeks an extension of the page limit; directing that the Plaintiffs a reply brief no more than 25 pages by 3/20/2023. Signed by Judge Irene C. Berger on 3/16/2023. (cc: counsel of record; any unrepresented party) (lca)

March 16, 2023

March 16, 2023

PACER
48

REPLY MEMORANDUM by John Doe, Women's Health Center of West Virginia to 37 Response In Opposition. (Pomponio, Bren)

March 20, 2023

March 20, 2023

RECAP
49

MEMORANDUM OF LAW by John Doe, Women's Health Center of West Virginia in opposition to 35 MOTION by Matthew Christiansen, Ashish P. Sheth to Dismiss 1 Complaint. (Pomponio, Bren) (Modified on 3/23/2023 to remove link to #36 memorandum) (kew).

March 22, 2023

March 22, 2023

PACER
50

Reply To Response

April 5, 2023

April 5, 2023

PACER
51

Memorandum In Opposition

April 10, 2023

April 10, 2023

PACER
52

Notice Of Voluntary Dismissal - Rule 41

April 17, 2023

April 17, 2023

RECAP

Case Details

State / Territory: West Virginia

Case Type(s):

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: Feb. 1, 2023

Closing Date: April 17, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Women's Health Center of West Virginia and private doctor plaintiff

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

West Virginia Board of Medicine, State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Facility Type(s):

Non-government non-profit

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Discrimination Basis:

Pregnancy discrimination

Reproductive rights:

Abortion

Medication abortion

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