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

Documents in the Clearinghouse

Documents in this case
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 Sept. 4, 2026, 4:57 a.m.

Docket for: Women's Health Center of West Virginia v. Sheth
ECF Number Date Description Link
1 Feb. 1, 2023

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

View on PACER

2 Proposed Summons - Ashish P. Sheth

View on PACER

3 Proposed Summons - Matthew Christiansen

View on PACER

4 Civil Cover Sheet

View on PACER

Clearinghouse
2 Feb. 1, 2023

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)

RECAP
3 Feb. 1, 2023

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)

View on PACER

2 Exhibit 2 - Declaration (Dr. John Doe)

View on PACER

3 Exhibit 2.1 - Declaration Exhibit 1

View on PACER

4 Exhibit 2.2 - Declaration Exhibit 2

View on PACER

5 Exhibit 2.3 - Declaration Exhibit 3

View on RECAP

6 Exhibit 3 - Declaration (Nichols)

View on RECAP

7 Exhibit 3.1 - Declaration Exhibit 1

View on RECAP

8 Exhibit 4 - Declaration (Shtrakhman)

View on PACER

9 Exhibit 4.1 - Declaration Exhibit A

View on PACER

10 Exhibit 4.2 - Declaration Exhibit B

View on PACER

11 Exhibit 4.3 - Declaration Exhibit C

View on PACER

12 Exhibit 4.4 - Declaration Exhibit D

View on PACER

13 Proposed Order Proposed Order

View on RECAP

RECAP
4 Feb. 1, 2023

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)

RECAP
Feb. 1, 2023

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

5 Feb. 2, 2023

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)

RECAP
6 Feb. 2, 2023

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)

View on PACER

2 Exhibit 1 of Declaration (under seal)

View on PACER

3 Declaration of Dr. John Doe in Support

View on PACER

4 Proposed Order

View on PACER

RECAP
7 Feb. 2, 2023

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)

RECAP
8 Feb. 2, 2023

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)

RECAP
9 Feb. 2, 2023

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)

RECAP
10 Feb. 2, 2023

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)

RECAP
Feb. 2, 2023

Case Assigned

11 Feb. 3, 2023

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)

RECAP
12 Feb. 3, 2023

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)

RECAP
13 Feb. 3, 2023

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)

RECAP
14 Feb. 3, 2023

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)

RECAP
15 Feb. 3, 2023

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)

RECAP
16 Feb. 3, 2023

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)

RECAP
17 Feb. 3, 2023

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)

RECAP
18 Feb. 3, 2023

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)

RECAP
19 Feb. 3, 2023

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)

RECAP
20 Feb. 3, 2023

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)

RECAP
21 Feb. 3, 2023

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)

RECAP
22 Feb. 3, 2023

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)

RECAP
23 Feb. 3, 2023

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)

RECAP
24 Feb. 3, 2023

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).

RECAP
25 Feb. 3, 2023

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).

RECAP
26 Feb. 3, 2023

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).

RECAP
27 Feb. 7, 2023

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)

RECAP
28 Feb. 9, 2023

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)

RECAP
29 Feb. 10, 2023

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

RECAP
30 Feb. 16, 2023

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)

RECAP
31 Feb. 16, 2023

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

RECAP
32 Feb. 17, 2023

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

RECAP
33 Feb. 17, 2023

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)

RECAP
34 Feb. 21, 2023

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)

RECAP
35 Feb. 22, 2023

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

RECAP
36 Feb. 22, 2023

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)

RECAP
37 Feb. 27, 2023

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)

RECAP
38 Feb. 27, 2023

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)

RECAP
39 Feb. 28, 2023

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)

RECAP
40 Feb. 28, 2023

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)

RECAP
41 March 6, 2023

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)

RECAP
42 March 7, 2023

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)

RECAP
43 March 15, 2023

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

RECAP
44 March 15, 2023

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

RECAP
45 March 15, 2023

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)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on RECAP

5 Exhibit 5

View on RECAP

6 Exhibit 6

View on PACER

7 Exhibit 7

View on PACER

8 Exhibit 8

View on PACER

RECAP
46 March 15, 2023

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)

RECAP
47 March 16, 2023

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)

RECAP
48 March 20, 2023

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

RECAP
49 March 22, 2023

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).

RECAP
50 April 5, 2023

REPLY by Matthew Christiansen, Ashish P. Sheth to 49 Response In Opposition. (Green, Roberta) (Modified on 4/6/2023 to remove link to #35 motion) (kew).

RECAP
51 April 10, 2023

MEMORANDUM OF LAW by John Doe, Women's Health Center of West Virginia in opposition to 43 MOTION by State of West Virginia to Dismiss 1 Complaint. (Pomponio, Bren)

RECAP
52 April 17, 2023

NOTICE OF VOLUNTARY DISMISSAL Without Prejudice by John Doe, Women's Health Center of West Virginia pursuant to Rule 41, Federal Rules of Civil Procedure. (Pomponio, Bren)

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):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

West Virginia Board of Medicine

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

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

Other Dockets:

Southern District of West Virginia 2:23-cv-00079

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

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)

Recommended Citation