Case: Planned Parenthood of Greater New York v. U.S. Department of Health and Human Services

COMPLAINT against ROBERT F. KENNEDY, JR., U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 405 receipt number ADCDC-11851256) filed by PLANNED PARENTHOOD OF GREATER NEW YORK, PLANNED PARENTHOOD OF THE HEARTLAND, INC., PLANNED PARENTHOOD CALIFORNIA CENTRAL COAST,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Summons - Pamela Bondi, # 6 Summons - United States Department of Health and Human Services, # 7 Summons - Robert F. Kennedy, Jr., # 8 Summons - U.S. Attorney's Office for D.C.)(Tutt, Andrew) (Entered: 07/29/2025)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Civil Cover Sheet

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5 Summons - Pamela Bondi

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6 Summons - United States Department of Health and Human Services

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7 Summons - Robert F. Kennedy, Jr.

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8 Summons - U.S. Attorney's Office for D.C.

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NOTICE of Appearance by Emily B. Nestler on behalf of All Plaintiffs (Nestler, Emily) (Main Document 10 replaced on 7/30/2025) (znmw). (Entered: 07/29/2025)

STANDING ORDER. Signed by Judge Beryl A. Howell on July 29, 2025. (lcbah4) (Entered: 07/29/2025)

NOTICE of Appearance by Drew Alan Harker on behalf of PLANNED PARENTHOOD CALIFORNIA CENTRAL COAST,, PLANNED PARENTHOOD OF GREATER NEW YORK, PLANNED PARENTHOOD OF THE HEARTLAND, INC. (Harker, Drew) (Entered: 07/29/2025)

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PLANNED PARENTHOOD CALIFORNIA CENTRAL COAST,, PLANNED PARENTHOOD OF GREATER NEW YORK, PLANNED PARENTHOOD OF THE HEARTLAND, INC. (Tutt, Andrew) (Entered: 07/29/2025)

Emergency MOTION for Temporary Restraining Order by PLANNED PARENTHOOD CALIFORNIA CENTRAL COAST,, PLANNED PARENTHOOD OF GREATER NEW YORK. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Text of Proposed Order)(Tutt, Andrew) (Entered: 07/29/2025)

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SUMMONS (4) Issued Electronically as to ROBERT F. KENNEDY, JR., U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 07/29/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Valentina De Fex, Filing fee $ 100, receipt number ADCDC-11851653. Fee Status: Fee Paid. by PLANNED PARENTHOOD CALIFORNIA CENTRAL COAST,, PLANNED PARENTHOOD OF GREATER NEW YORK, PLANNED PARENTHOOD OF THE HEARTLAND, INC.. (Tutt, Andrew) (Entered: 07/29/2025)

NOTICE of Appearance by Michael Joseph Gerardi on behalf of ROBERT F. KENNEDY, JR., U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Gerardi, Michael) (Entered: 07/29/2025)

NOTICE OF RELATED CASE by ROBERT F. KENNEDY, JR., U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. Case related to Case No. 1:25-cv-01334-TJK. (Gerardi, Michael) (Entered: 07/29/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Bonnie Devany, Filing fee $ 100, receipt number ADCDC-11851664. Fee Status: Fee Paid. by PLANNED PARENTHOOD CALIFORNIA CENTRAL COAST,, PLANNED PARENTHOOD OF GREATER NEW YORK, PLANNED PARENTHOOD OF THE HEARTLAND, INC.. (Tutt, Andrew) (Entered: 07/29/2025)

NOTICE of Appearance by Daniel Reuben Yablon on behalf of PLANNED PARENTHOOD CALIFORNIA CENTRAL COAST,, PLANNED PARENTHOOD OF GREATER NEW YORK, PLANNED PARENTHOOD OF THE HEARTLAND, INC. (Yablon, Daniel) (Entered: 07/29/2025)

Case Assigned/Reassigned

.Order

Case Assigned to Judge Beryl A. Howell. (znmw)

MINUTE ORDER (paperless), upon consideration of plaintiffs' 3 Motion for Temporary Restraining Order, DIRECTING defendants to file a response to plaintiffs' motion by 1:00 PM on July 30, 2025, and DIRECTING the parties to appear for an in-person hearing on that motion on July 31, 2025 at 2:00 pm in Courtroom 26A. Signed by Judge Beryl A. Howell on July 29, 2025. (lcbah4)

NOTICE of Appearance by Melissa Shube on behalf of All Plaintiffs (Shube, Melissa) (Entered: 07/30/2025)

Memorandum in opposition to re 3 Emergency MOTION for Temporary Restraining Order filed by ROBERT F. KENNEDY, JR., U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit A --- PPCCC Notice of Award REDACTED, # 2 Exhibit B --- January 2025 Award Guidance, # 3 Text of Proposed Order)(Gerardi, Michael) (Entered: 07/30/2025)

1 Exhibit A --- PPCCC Notice of Award REDACTED

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2 Exhibit B --- January 2025 Award Guidance

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3 Text of Proposed Order

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NOTICE of Appearance by John V. Hoover on behalf of PLANNED PARENTHOOD CALIFORNIA CENTRAL COAST,, PLANNED PARENTHOOD OF GREATER NEW YORK, PLANNED PARENTHOOD OF THE HEARTLAND, INC. (Hoover, John) (Entered: 07/30/2025)

NOTICE of Appearance by Bonnie Devany on behalf of PLANNED PARENTHOOD CALIFORNIA CENTRAL COAST,, PLANNED PARENTHOOD OF GREATER NEW YORK, PLANNED PARENTHOOD OF THE HEARTLAND, INC. (Devany, Bonnie) (Entered: 07/30/2025)

Set/Reset Deadlines/Hearings: Defendant's Response To 3 Emergency Motion for Temporary Restraining Order due no later than 1:00PM on 7/30/2025. Motion Hearing set for 7/31/2025 at 2:00 PM in Courtroom 26A- In Person before Judge Beryl A. Howell. (mac)

Set/Reset Deadlines/Hearings

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER (paperless) GRANTING plaintiffs' 5 Motion to Appear Pro Hac Vice. Ms. Valentina de Fex may enter an appearance pro hac vice for the purpose of representing plaintiffs in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Beryl A. Howell on July 30, 2025. (lcbah4)

MINUTE ORDER (paperless) GRANTING plaintiffs' 8 Motion to Appear Pro Hac Vice. Ms. Bonnie Devany may enter an appearance pro hac vice for the purpose of representing plaintiffs in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Beryl A. Howell on July 30, 2025. (lcbah4)

Notice (Other)

NOTICE: Members of the public or media who wish to listen to live audio of the hearing scheduled for July 31, 2025 at 2:00PM ET, without physically attending the proceeding, may do so by dialing the Toll Free Number: 833-990-9400, Meeting ID: 491822013. Any use of the public access telephone line requires adherence to the general prohibition against photographing, recording, livestreaming, and rebroadcasting of court proceedings (including those held by telephone or videoconference), as set out in Standing Order No. 24-31 (JEB). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or other sanctions deemed necessary by the Court. (mac)

Motion Hearing

Minute Entry for proceedings held before Judge Beryl A. Howell: Motion Hearing held on 7/31/2025 re 3 Emergency Motion for Temporary Restraining Order. The Court Heard Oral Arguments From The Parties. For Reasons Stated On The Record, The Court Will Deny 3 Emergency Motion for Temporary Restraining Order. (Court Reporter ELIZABETH DAVILA.) (mac)

Emergency MOTION to Clarify Order Denying Plaintiffs Motion for Temporary Restraining Order by PLANNED PARENTHOOD CALIFORNIA CENTRAL COAST,, PLANNED PARENTHOOD OF GREATER NEW YORK, PLANNED PARENTHOOD OF THE HEARTLAND, INC.. (Tutt, Andrew) (Entered: 08/01/2025)

TRANSCRIPT OF PROCEEDINGS before Judge Beryl A. Howell, held on 7-31-2025; Page Numbers: 1 - 79. Date of Issuance: 8-02-2025. Court Reporter: Elizabeth Davila, Telephone number: 202-354-3242. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 8/23/2025. Redacted Transcript Deadline set for 9/2/2025. Release of Transcript Restriction set for 10/31/2025.(Davila, Elizabeth) (Entered: 08/02/2025)

Order on Motion to Clarify

MINUTE ORDER (paperless), upon consideration of plaintiffs' 17 Emergency Motion for Clarification of the Denial of the TRO, which motion helpfully and expeditiously includes defendants' statement in opposition, DENYING plaintiffs' motion. Whether framed as a motion for clarification, as presented by plaintiffs, or a motion for reconsideration, as defendants urge, see Pls.' Mot. at 2, plaintiffs' motion is denied because plaintiffs were afforded no relief on their motion for the temporary restraining order ("TRO") that may require "clarification," as explained orally and for the reasons stated on the record, see 18 Tr. of July 31, 2025, TRO Hearing ("TRO Tr."), at 56:19-66:5. Plaintiffs explain their "understand[ing]" that the Court "determined [] there was no irreparable harm because Plaintiffs currently have the option to draw down funds unless and until the Policy Notice is enforced against them," id. at 1, citing as the basis for this determination that defendants made clear "it is not independently unlawful to draw down funds with a certification 'under protest' as they did when 'fil[ing] their continuing grant applications,'" id. (quoting Defs.' Opp'n Mot. TRO at 2, ECF No. 14). The Court indeed used this example as one reason why the plaintiffs' showing of irreparable harm was inadequate. See 18 TRO Tr. at 63:20-64:14 ("Plaintiffs... also frame their irreparable harm as the difficult choice they have between foregoing the sole funding for their sex education programs or drawing down funds at the risk of arbitrary enforcement..., but that choice does not constitute irreparable harm."). Contrary to plaintiffs' suggestion, however, this was not the sole basis for the denial of the requested TRO. See id. at 62:15-63:14 (explaining how neither plaintiffs nor the Court know how the challenged July 1 Program Policy Notice will be interpreted and enforced). To be sure, plaintiffs are rightly concerned that withdrawing funds accompanied by plaintiffs' certification of compliance poses a risk of enforcement consequences, but defendants, not the Court, are the source of identifying the option of making such certification "under protest," Defs.' Opp'n Mot. TRO at 2, raising the possibility that following this path may mitigate plaintiffs' risks down the line, though this Court offers no opinion on this possibility.The bottom line is that the July 1, 2025, Teenage Pregnancy Prevention ("TPP") Program Policy Notice has not been enforced against plaintiffs and, as defendants pointed out, this Notice is "not self-effectuating." See 18 TRO Tr. at 47:22-23. The risk that such enforcement may occur in a form that is existentially threatening to plaintiffs' TPP programs, at some possible point in the future, possibly after review by the agency of, and possible conferral among plaintiffs and the agency about any possible alterations to, plaintiffs' program materials, rests on too many possibilities and, consequently, is too speculative to constitute the "certain and great" concrete, imminent irreparable harm required for the extraordinary emergency injunctive relief requested. Wisc. Gas Co. v. FERC, 758 F.2d 669, 674 (D.C. Cir. 1985). Signed by Judge Beryl A. Howell on August 2, 2025. (lcbah4)

MOTION to Transfer Case Pursuant to Local Rule 40.5(c) by ROBERT F. KENNEDY, JR., U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Gerardi, Michael) (Entered: 08/11/2025)

MOTION for Scheduling Order by PLANNED PARENTHOOD CALIFORNIA CENTRAL COAST,, PLANNED PARENTHOOD OF GREATER NEW YORK, PLANNED PARENTHOOD OF THE HEARTLAND, INC.. (Tutt, Andrew) (Entered: 08/11/2025)

RESPONSE re 19 MOTION to Transfer Case Pursuant to Local Rule 40.5(c) filed by PLANNED PARENTHOOD CALIFORNIA CENTRAL COAST,, PLANNED PARENTHOOD OF GREATER NEW YORK, PLANNED PARENTHOOD OF THE HEARTLAND, INC.. (Tutt, Andrew) (Entered: 08/12/2025)

Order on Motion for Scheduling Order

Order on Motion to Transfer Case

MINUTE ORDER (paperless), upon consideration of defendants' 19 Motion to Transfer Case and plaintiffs' 21 Opposition, DENYING defendants' 19 Motion to Transfer. Defendants move to transfer this case to Judge Kelly under D.D.C. Local Rule 40.5(c)(2), which allows for transferring of "related cases" to the judge "having the earlier case." See 19 Defs.' Mot. at 1, 4. Judge Kelly presided over a case involving the plaintiffs here as well as other Planned Parenthood entities challenging guidance issued by HHS in March 2025 regarding plaintiffs' applications for annual continuation funding for their Teen Pregnancy Prevention Program grants. See Planned Parenthood of Greater N.Y. v. HHS, No. 25-cv-1334 (TJK), Complaint, ECF No. 1 (May 1, 2025). The plaintiffs in the prior case filed a motion for a preliminary injunction, which was denied in late June due to a lack of irreparable harm, see id., 2025 WL 1768100 (D.D.C. June 26, 2025), and Judge Kelly then set an expedited summary judgment briefing schedule with briefs set to be ripe August 21, 2025, see id., Min. Order (July 8, 2025). After plaintiffs' grants were approved on July 2, 2025, plaintiffs dismissed that case, despite a Program Policy Notice being issued the same day articulating similar substantive requirements to those in the challenged application guidance. See id., Notice of Voluntary Dismissal, ECF No. 34 (July 11, 2025). The case before Judge Kelly was closed on July 14, 2025. A subset of those plaintiffs later challenged that Program Policy Notice issued on July 2, 2025, in the instant case, which upon filing on July 29, 2025, was randomly assigned to this Court. See 1 Complaint. Similar subject matters and similar parties, as present here, do not make the cases "related" under the Local Rules and thus do not warrant transfer. Under Local Rule 40.5(a)(4), where a case is dismissed "and a second case is filed involving the same parties and relating to the same subject matter," the second case shall be deemed related to the dismissed case. That rule has been strictly interpreted such that "'the same parties' means 'identical parties,'" not parties in interest and not overlapping parties. Wilderness Soc'y v. Bernhardt, No. 20-cv-1176 (BAH), 2021 WL 2849635, at *2 (D.D.C. June 2, 2020) (emphasis added) (quoting Jud. Watch, Inc. v. Rossotti, No. 2-cv-928 (RCL), 2002 WL 31100839, at *1 (D.D.C. Aug. 2, 2002)); Klayman v. Porter, No. 20-cv-3109 (RDM), 2021 WL 1668067, at *1-2 (D.D.C. Apr. 28, 2021); see also Dale v. Exec. Off. of the President, 121 F. Supp. 2d 35, 37 (D.D.C. 2000). Plaintiffs here are Planned Parenthood of Greater New York; Planned Parenthood California Central Coast; and Planned Parenthood of the Heartland, Inc. Plaintiffs in the other case, 25-cv-1334, are those three parties plus two additional Planned Parenthood entities: Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, and Kentucky; and Planned Parenthood Mar Monte. These two additional parties make the parties to the two cases not identical, but merely overlapping, and therefore the cases are technically not related under Local Rule 40.5(a)(4). Transfer based on the related case rule is therefore not appropriate here. Signed by Judge Beryl A. Howell on August 13, 2025. (lcbah4)

MINUTE ORDER (paperless) GRANTING plaintiffs' 20 Motion for Scheduling Order, recognizing defendants' apparent opposition, as communicated to plaintiffs, but also plaintiffs' effort to "accommodate Defendants' counsel's vacation schedule while still balancing Plaintiffs need for expedited relief," 20 Pls.' Mot. ¶ 4, and ISSUING the following scheduling order: 1. By August 25, 2025, plaintiffs shall file any motion for summary judgment. 2. By September 10, 2025, defendants shall file any opposition. 3. By September 17, 2025, plaintiffs shall file any reply.4. If plaintiffs motion is denied, defendants shall file the administrative record within 30 days of this Court's decision. Recognizing that "the normal summary judgment procedures requiring the filing of a statement of undisputed material facts" are "not applicable" in cases "where the review is based on an administrative record [because] the Court is not called upon to determine whether there is a genuine issue of material fact, but rather to test the agency action against the administrative record," D.D.C. Local Rule 7, Comment to LCvR 7(h), but that no administrative record will be before the Court for resolution of the anticipated summary judgment motion, that, in lieu of the normal administrative record, the parties may instead follow procedures set out in D.D.C. Local Rule 7(h)(1). See LCvR 7(h)(1) (requiring parties to file a statement of material facts with any summary judgment motion, with any dispute of those facts identified in opposition or otherwise deemed admitted). Signed by Judge Beryl A. Howell on August 13, 2025. (lcbah4)

Set/Reset Deadlines