Case: The Family Planning Association of Maine v. United States Department of Health and Human Services

The Family Planning Association of Maine v. United States Department of Health and Human Services et al.

The Family Planning Association of Maine v. United States Department of Health and Human Services et al.

The Family Planning Association of Maine v. United States Department of Health and Human Services et al.

U.S. Court of Appeals for the First Circuit

The Family Planning Association of Maine v. United States Department of Health and Human Services et al.

COMPLAINT against CENTERS FOR MEDICARE AND MEDICAID SERVICES, ROBERT F KENNEDY, JR, MEHMET OZ, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by THE FAMILY PLANNING ASSOCIATION OF MAINE. (Service of Process Deadline 10/14/2025) Fee due by 7/18/2025.(lcb) Modified on 7/16/2025 to correct party name (lcb). (Entered: 07/16/2025)

CIVIL COVER SHEET. (lcb) (Entered: 07/16/2025)

RULE 7.1 DISCLOSURE STATEMENT by THE FAMILY PLANNING ASSOCIATION OF MAINE. (lcb) (Entered: 07/16/2025)

Summons Issued as to CENTERS FOR MEDICARE AND MEDICAID SERVICES, ROBERT F KENNEDY, JR, MEHMET OZ, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: # 1 Summons for United States Department of Health and Human Services, # 2 Summons for Robert F Kennedy Jr., # 3 Summons for Mehmet Oz)(lcb) Modified on 7/16/2025 to correct party name(lcb). (Entered: 07/16/2025)

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by THE FAMILY PLANNING ASSOCIATION OF MAINE Responses due by 8/6/2025. (Attachments: # 1 Declaration of Cassidy Jarvis, # 2 Declaration of Evelyn Kieltyka, # 3 Plaintiff Maine Family Planning's Memorandum of Law in Support of its Motion)(lcb) (Entered: 07/16/2025)

Case Opening Filing Fee Paid

Filing Fee Paid via Credit Card ( Filing fee $ 405 receipt number AMEDC-3138804.), filed by THE FAMILY PLANNING ASSOCIATION OF MAINE.(ASEN, TAYLOR)

CERTIFICATION for Admission Pro Hac Vice of Meetra Mehdizadeh, Esq. filed by TAYLOR ANDREW ASEN on behalf of THE FAMILY PLANNING ASSOCIATION OF MAINE (Total admission fee $ 200 receipt number AMEDC-3139525.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (ASEN, TAYLOR) (Entered: 07/17/2025)

CERTIFICATION for Admission Pro Hac Vice of Astrid Ackerman, Esq. filed by TAYLOR ANDREW ASEN on behalf of THE FAMILY PLANNING ASSOCIATION OF MAINE (Total admission fee $ 200 receipt number AMEDC-3139527.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (ASEN, TAYLOR) (Entered: 07/17/2025)

NOTICE of APPROVAL by Clerk's Office re 7 Certification for Admission Pro Hac Vice,, 6 Certification for Admission Pro Hac Vice,, Attorney MEETRA MEHDIZADEH,ASTRID MARISELA ACKERMAN for THE FAMILY PLANNING ASSOCIATION OF MAINE added to this specific case only. Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney Mehdizadeh and Ackerman must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 7/24/2025. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (lrt) (Entered: 07/17/2025)

MOTION for Oral Argument/Hearing re 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by THE FAMILY PLANNING ASSOCIATION OF MAINE Responses due by 8/11/2025. (MEHDIZADEH, MEETRA) (Entered: 07/21/2025)

ORDER granting 9 Motion for Oral Argument/Hearing By JUDGE LANCE E. WALKER. (clp) (Entered: 07/22/2025)

NOTICE of Appearance by ROSALIE B.C. WENNBERG on behalf of THE FAMILY PLANNING ASSOCIATION OF MAINE (WENNBERG, ROSALIE) (Entered: 07/22/2025)

NOTICE of Hearing on Motion 5 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction : Motion Hearing set for 8/14/2025 at 01:00 PM in Portland Courtroom 1 before JUDGE LANCE E. WALKER. (clp) (Entered: 07/22/2025)

Order on Motion for Oral Argument/Hearing

NOTICE/CORRESPONDENCE Re: Joint Motion for Briefing Schedule on Plaintiff's Motion for a TRO and/or Preliminary Injunction by THE FAMILY PLANNING ASSOCIATION OF MAINE (MEHDIZADEH, MEETRA) (Entered: 07/23/2025)

Reset Deadlines as to 5 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction per directive of Chief U.S. District Judge Lance E. Walker: Responses due by 8/1/2025. Reply due by 8/8/2025. (clp)

Set/Reset Motion and R&R Deadlines/Hearings

CERTIFICATION for Admission Pro Hac Vice of Faith Gay, Esq. filed by TAYLOR ANDREW ASEN on behalf of THE FAMILY PLANNING ASSOCIATION OF MAINE (Total admission fee $ 200 receipt number AMEDC-3145709.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (ASEN, TAYLOR) (Entered: 07/29/2025)

CERTIFICATION for Admission Pro Hac Vice of Joshua Margolin, Esq. filed by TAYLOR ANDREW ASEN on behalf of THE FAMILY PLANNING ASSOCIATION OF MAINE (Total admission fee $ 200 receipt number AMEDC-3145722.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (ASEN, TAYLOR) (Entered: 07/29/2025)

NOTICE of APPROVAL by Clerk's Office re 15 Certification for Admission Pro Hac Vice,, 14 Certification for Admission Pro Hac Vice,, Attorney FAITH GAY,JOSHUA MARGOLIN for THE FAMILY PLANNING ASSOCIATION OF MAINE added to this specific case only. Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney Gay and Margolin must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 8/5/2025. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (lrt) Modified on 7/29/2025 to clarify docket text(lrt). (Entered: 07/29/2025)

CERTIFICATION for Admission Pro Hac Vice of Olivia F. Summers filed by STEPHEN C. WHITING on behalf of American Center for Law and Justice (Total admission fee $ 200 receipt number AMEDC-3146108.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (WHITING, STEPHEN) (Entered: 07/29/2025)

CERTIFICATION for Admission Pro Hac Vice of Nathan Moelker filed by STEPHEN C. WHITING on behalf of American Center for Law and Justice (Total admission fee $ 200 receipt number AMEDC-3146118.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (Attachments: # 1 Supplement List of Court Admissions)(WHITING, STEPHEN) Modified on 7/30/2025 to insert name of Pro Hac Attorney (lrt). (Entered: 07/29/2025)

NOTICE of APPROVAL by Clerk's Office re 18 Certification for Admission Pro Hac Vice,, 17 Certification for Admission Pro Hac Vice,, Attorney OLIVIA FRANCES SUMMERS,NATHAN JEREMIAH MOELKER for American Center for Law and Justice added to this specific case only. Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney Summers must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 8/6/2025. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (lrt) (Entered: 07/30/2025)

NOTICE of Appearance by ELISABETH NEYLAN on behalf of All Defendants (NEYLAN, ELISABETH) (Entered: 07/31/2025)

Consent MOTION for Leave to File Amicus Brief in Opposition to Plaintiff's Motion for a Preliminary injunction by AMERICAN CENTER FOR LAW AND JUSTICE Responses due by 8/22/2025. (Attachments: # 1 Exhibit Proposed Amicus Brief in Opposition to Plaintiff's Motion for a Preliminary injunction,)(MOELKER, NATHAN) (Entered: 08/01/2025)

ORDER granting 21 Motion for Leave to File Amicus Brief in Opposition to Plaintiff's Motion for a Preliminary Injunction By JUDGE LANCE E. WALKER. (clp) (Entered: 08/01/2025)

BRIEF Amicus Brief in Opposition to Plaintiff's Motion for a Preliminary injunction by AMERICAN CENTER FOR LAW AND JUSTICE. (MOELKER, NATHAN) (Entered: 08/01/2025)

RESPONSE in Opposition re 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ROBERT F KENNEDY, JR, MEHMET OZ, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. Reply due by 8/15/2025. (Attachments: # 1 Affidavit Declaration of Anne Marie Costello)(NEYLAN, ELISABETH) (Entered: 08/01/2025)

1 Affidavit Declaration of Anne Marie Costello

View on PACER

Order on Motion for Leave to File

Reset Deadlines as to 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction per directive of Chief U.S. District Judge Lance E. Walker: Reply due by 8/8/2025. (clp)

Set/Reset Motion and R&R Deadlines/Hearings

REPLY to Response to Motion re 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by THE FAMILY PLANNING ASSOCIATION OF MAINE. (Attachments: # 1 Supplemental Declaration of Evelyn Kieltyka)(MEHDIZADEH, MEETRA) (Entered: 08/08/2025)

NOTICE of Appearance by EMILY MARGARET HALL on behalf of All Defendants (HALL, EMILY) (Entered: 08/12/2025)

Minute Entry for proceedings held before JUDGE LANCE E. WALKER: Oral Argument held re 5 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction filed by THE FAMILY PLANNING ASSOCIATION OF MAINE. Matter taken under advisement. Decision to enter. (Court Reporter: Lori Dunbar) (clp) (Entered: 08/14/2025)

ORDER. (Set Deadlines: Briefs due by no later than 5:00PM on 8/15/2025. No responses permitted.) By JUDGE LANCE E. WALKER. (clp) (Entered: 08/14/2025)

BRIEF re 28 Order, Set Deadlines by THE FAMILY PLANNING ASSOCIATION OF MAINE. (MEHDIZADEH, MEETRA) (Entered: 08/15/2025)

BRIEF re 28 Order, Set Deadlines by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ROBERT F KENNEDY, JR, MEHMET OZ, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit Minnesota Jurisdictional Statement, # 2 Exhibit Minnesota Motion to Affirm)(NEYLAN, ELISABETH) (Entered: 08/15/2025)

ORDER ON MOTION FOR PRELIMINARY INJUNCTION denying 5 Motion for TRO/Motion for Preliminary Injunction By JUDGE LANCE E. WALKER. (clp)

NOTICE OF APPEAL as to 31 Order on Motion for TRO, Order on Motion for Preliminary Injunction by THE FAMILY PLANNING ASSOCIATION OF MAINE . ( Filing fee $ 605 receipt number AMEDC-3161832.) NOTICE TO FILER: A transcript Report/Order form MUST be completed and submitted to the First Circuit Court of Appeals. The form can be found under the Forms & Fees section on their website at https://www.ca1.uscourts.gov.NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at https://pacer.psc.uscourts.gov. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at https://www.ca1.uscourts.gov/cmecf (MEHDIZADEH, MEETRA) (Entered: 08/29/2025)

Emergency MOTION for Preliminary Injunction Pending Appeal by THE FAMILY PLANNING ASSOCIATION OF MAINE Responses due by 9/19/2025. (Attachments: # 1 Memorandum of Law in Support of Plaintiff Maine Family Planning's Motion for An Injunction Pending Appeal)(MEHDIZADEH, MEETRA) (Entered: 08/29/2025)

APPEAL COVER SHEET Re: 32 Notice of Appeal (jlm) (Entered: 08/29/2025)

CLERK'S CERTIFICATE Re: 32 Notice of Appeal, Documents sent to the U.S. Court of Appeals. (jlm) (Entered: 08/29/2025)

Reset Deadlines as to 33 Emergency MOTION for Preliminary Injunction Pending Appeal per directive of Chief U.S. District Judge Lance E. Walker: Responses due by 9/5/2025. Reply due by 9/8/2025. (clp)

USCA Case Number 25-1829 for 32 Notice of Appeal. (clp) (Entered: 09/02/2025)

RESPONSE in Opposition re 33 Emergency MOTION for Preliminary Injunction Pending Appeal filed by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ROBERT F KENNEDY, JR, MEHMET OZ, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. Reply due by 9/19/2025. (HALL, EMILY) (Entered: 09/05/2025)

ORDER ON MOTION FOR INJUNCTION PENDING APPEAL denying 33 Emergency Motion for Preliminary Injunction Pending Appeal By JUDGE LANCE E. WALKER. (clp)

Reset Deadlines as to 33 Emergency MOTION for Preliminary Injunction Pending Appeal per directive of Chief U.S. District Judge Lance E. Walker: Reply due by 9/8/2025. (clp)

CLERK'S FIRST SUPPLEMENTAL CERTIFICATE Re: 32 Notice of Appeal, Documents Sent to U.S. Court of Appeals (jlm) (Entered: 09/09/2025)

Supplemental Record on Appeal transmitted to US Court of Appeals re 32 Notice of Appeal (jlm)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Oral Argument held on August 14, 2025, before Judge Lance E. Walker. Court of Appeals Docket Number 25-1829. Court Reporter/Transcriber: Lori Dunbar, Telephone Number: (207) 749-4072. 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.med.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. Release of Transcript Restriction set for 12/9/2025. (DUNBAR, LORI) (Entered: 09/10/2025)

Consent MOTION to Stay Further District Court Proceedings Pending Resolution of Plaintiff's Motion for an Injunction Pending Appeal by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ROBERT F KENNEDY, JR, MEHMET OZ, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES Responses due by 10/3/2025. (NEYLAN, ELISABETH) (Entered: 09/12/2025)

ORDER granting 41 Motion to Stay Further District Court Proceedings Pending Resolution of Plaintiff's Motion for an Injunction Pending Appeal By JUDGE LANCE E. WALKER. (clp) (Entered: 09/16/2025)

Order on Motion to Stay

Consent MOTION to Stay Proceedings in Light of Lapse of Appropriations by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ROBERT F KENNEDY, JR, MEHMET OZ, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES Responses due by 11/13/2025. (NEYLAN, ELISABETH) (Entered: 10/23/2025)

ORDER granting 43 Motion to Stay. By MAGISTRATE JUDGE KAREN FRINK WOLF. (WOLF, KAREN) (Entered: 10/23/2025)

Order on Motion to Stay

NOTICE/CORRESPONDENCE Re: RESUMPTION OF APPROPRIATIONS by All Defendants (NEYLAN, ELISABETH) (Entered: 11/13/2025)

STATUS REPORT by CENTERS FOR MEDICARE AND MEDICAID SERVICES, ROBERT F KENNEDY, JR, MEHMET OZ, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (NEYLAN, ELISABETH) (Entered: 11/21/2025)

ORDER re 46 Status Report/Request to Continue Stay filed by ROBERT F KENNEDY, JR, CENTERS FOR MEDICARE AND MEDICAID SERVICES, MEHMET OZ, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. The case will remain stayed pending appeal of the this Court's Order denying Motion for Preliminary Injunction. By MAGISTRATE JUDGE KAREN FRINK WOLF. (WOLF, KAREN) (Entered: 11/21/2025)

Order