Case: Preterm-Cleveland v. Attorney General of Ohio

1:19-cv-00360 | U.S. District Court for the Southern District of Ohio

Filed Date: May 15, 2019

Closed Date: July 7, 2022

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is an ongoing lawsuit regarding Ohio state legislation that would criminalize certain abortions that was amended to include a request for relief in light of COVID-19. The plaintiffs sought a temporary restraining order against the Department of Health's order which had banned all "non-essential surgeries and procedures" starting on March 18, 2020. The judge granted the temporary restraining order for a period of 14 days, which was affirmed by the Sixth Circuit on April 6,…

COVID-19 Summary: This is an ongoing lawsuit regarding Ohio state legislation that would criminalize certain abortions that was amended to include a request for relief in light of COVID-19. The plaintiffs sought a temporary restraining order against the Department of Health's order which had banned all "non-essential surgeries and procedures" starting on March 18, 2020. The judge granted the temporary restraining order for a period of 14 days, which was affirmed by the Sixth Circuit on April 6, 2020. The judge granted a preliminary injunction on April 23, 2020, which allowed abortions in situations where a medical provider determined that a delay would not be possible. The case was later voluntarily dismissed in light of the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization.


On May 15, 2019, the plaintiffs, for-profit and non-profit providers of medical and surgical abortions in Ohio and their doctors, filed an initial complaint in the U.S. District Court for the Southern District of Ohio against the Ohio State Department of Health, the State Medical Board of Ohio, and various county prosecutors. They contested the Ohio State Legislature's 6-week abortion ban, passed on April 10th of that year. The plaintiffs, represented by the American Civil Liberties Union (ACLU) of Ohio and the Planned Parenthood Foundation, sought a temporary restraining order, preliminary and permanent injunctive relief, and costs under 42 U.S.C. § 1983 and 28 U.S.C. § 2201. The case was assigned to Judge Michael R. Barrett.

Specifically, the plaintiffs alleged that Ohio S.B. 23—which would criminalize all abortions in which a fetal heartbeat could be detected (six weeks gestational age), except in cases that would jeopardize the health of the mother—would practically eliminate abortion in Ohio, because it often takes women longer than six weeks to determine that they are pregnant. They claimed that this violated the substantive due process precedent outlined in Roe v. Wade.

On May 24, 2019, the court related this case with another case, Preterm-Cleveland v. Himes, 1:18-cv-00109, but determined that each case should remain with its assigned judge.

The district court granted the plaintiffs’ motion for a preliminary injunction on July 3, 2019, in advance of the statute's effective date of July 11, 2019. Relying on Supreme Court precedent in Roe v. Wade and Planned Parenthood v. Casey, the court found that the Ohio law was likely unconstitutional on its face and that the plaintiffs were therefore likely to succeed on the merits. The court also found that enacting the ban would cause irreparable harm to Ohio women. 394 F.Supp.3d 796.

After the district court’s order, the plaintiffs moved for judgment on the pleadings on August 20, 2019. Before the court ruled on the pending motion, the Ohio Department of Health issued an order banning all "non-essential surgeries and procedures" starting on March 18, 2020 in order to preserve personal protective equipment (PPE) and hospital capacity in light of the COVID-19 pandemic. The text of the order indicated that the ban would apply to nearly all surgical abortions. In response to the new order, the plaintiffs filed an amended complaint on March 30, 2020. The plaintiffs argued that surgical abortions did not use a significant amount of PPE and might be the only option for patients allergic to medical abortion pills, as well as patients past a certain gestational age. They further argued that, if the pandemic were to continue for many months, prohibiting surgical abortions would not actually conserve critical resources, since patients would eventually be forced to give birth and thereby consume more PPE, as well as occupy hospital beds. They also claimed that forcing patients to wait until the pandemic passed would not be sufficient, since abortion is a time-sensitive procedure. The complaint also added an equal protection claim that abortion providers were unfairly being singled out in comparison to other businesses. The plaintiffs asked the court to issue a temporary restraining order to enjoin enforcement of the March 17 order, in addition to the same relief requested in the initial complaint.

Judge Barrett granted the plaintiffs’ motion and issued a temporary restraining order enjoining enforcement of the March 17 order the very same day. The temporary restraining order was to last for 14 days and was limited to situations where a medical provider decided that delaying a surgical abortion until after the pandemic subsided would not be possible. 2020 WL 1932851. On April 2, 2020, the court denied a motion by the defendants to stay the temporary restraining order. The court reiterated the fact that it had carefully limited the order to ensure that the plaintiffs could provide surgical abortions on a case-by-case basis if necessary, but maintained that it did not permit a blanket “on-demand provision of election abortions.”  2020 WL 1932492.

The defendants filed an interlocutory appeal contesting the temporary restraining order on April 1, 2020. A Sixth Circuit panel, composed of Chief Judge R. Guy Cole and Judges Ralph B. Guy and John K. Bush, declined to vacate the temporary restraining order on April 6, 2020, finding that the narrow tailoring of the restraining order meant that few abortions would be performed and PPE supplies would not be diminished. They stressed that the time sensitive nature of abortions justified this protection. 2020 WL 1673310.

In order to preserve the status quo before ruling on the preliminary injunction, the district court extended the temporary restraining order for an additional two weeks on April 10, 2020. 2020 WL 1932540. On April 23, 2020, the court granted the plaintiffs’ motion for a preliminary injunction. The court reasoned that, while unnecessary medical procedures generally should not be performed in Ohio during the pandemic, waiting to have an abortion was not an option in certain circumstances. As before, the court limited the bounds of the preliminary injunction to situations where a medical provider determined that a delay would not be possible. 2020 WL 1957173.

On March 3, 2021, the court stayed the case pending final disposition of all appeals and petitions for certiorari in Preterm-Cleveland v. Himes and Memphis Center for Reproductive Health v. Slatery

On June 24, 2022, the defendants filed an emergency motion to vacate the injunction citing the Supreme Court’s decision in Dobbs v. Jackson Women's Health Organization, overturning Roe v. Wade and eliminating the constitutional right to abortion. Since the Court no longer recognized a constitutional right to abortion, the defendants argued that the law withstood the lower rational basis review. The court granted the motion on the same day and dissolved the preliminary injunction. 2022 WL 2290526. The plaintiffs immediately withdrew their earlier motion for judgment on the pleadings. 

On June 28, 2022, the plaintiffs filed an unopposed motion for voluntary dismissal without prejudice. The court granted the motion on July 7, 2022. 

This case is closed. 

Summary Authors

Ellen Aldin (6/20/2020)

Rhea Sharma (3/26/2023)

Related Cases

Preterm-Cleveland v. Himes, Southern District of Ohio (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15566635/parties/preterm-cleveland-v-ohio-attorney-general/


Judge(s)

Barrett, Michael Ryan (Ohio)

Attorney for Plaintiff

Amiri, Brigitte A. (New York)

Bajramovic, Hana (New York)

Attorney for Defendant

Barbiere, James J. (Ohio)

Barrentine, Ward Coker (Ohio)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

1:19-cv-00360

Docket [PACER]

May 7, 2020

May 7, 2020

Docket
29

1:19-cv-00360

Order Granting Plaintiffs' Motion for Preliminary Injunction

July 3, 2019

July 3, 2019

Order/Opinion

394 F.Supp.3d 394

43

1:19-cv-00360

Temporary Restraining Order

March 30, 2020

March 30, 2020

Order/Opinion

2020 WL 2020

39 (& 39-1 to 39-4)

1:19-cv-00360

Expedited Motion to File Supplemental Complaint

March 30, 2020

March 30, 2020

Pleading / Motion / Brief
42 (& 42-1 to 42-6)

1:19-cv-00360

Motion for and Brief in Support of Temporary Restraining Order and/or Preliminary Injunction

March 30, 2020

March 30, 2020

Pleading / Motion / Brief
48 (& 48-1 to 48-3)

1:19-cv-00360

Supplement to Verified Complaint for Declaratory and Injunctive Relief

March 31, 2020

March 31, 2020

Complaint
52

1:19-cv-00360

Order

April 2, 2020

April 2, 2020

Order/Opinion

2020 WL 2020

57

1:19-cv-00360

Order

U.S. Court of Appeals for the Sixth Circuit

April 7, 2020

April 7, 2020

Order/Opinion

2020 WL 2020

63

1:19-cv-00360

Temporary Restraining Order

April 10, 2020

April 10, 2020

Order/Opinion

2020 WL 2020

78

1:19-cv-00360

Order Granting Plaintiffs' Motion for Preliminary Injunction

April 23, 2020

April 23, 2020

Order/Opinion

456 F.Supp.3d 456

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15566635/preterm-cleveland-v-ohio-attorney-general/

Last updated Feb. 7, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-6925711), filed by Planned Parenthood Southwest Ohio Region, Preterm-Cleveland, Capital Care Network of Toledo, Sharon Liner, Planned Parenthood of Greater Ohio, Women's Med Group Professional Corporation. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit A - S.B. 23) (Hill, Beatrice) (Entered: 05/15/2019)

1 Civil Cover Sheet Civil Cover Sheet

View on PACER

2 Exhibit Exhibit A - S.B. 23

View on RECAP

May 15, 2019

May 15, 2019

Clearinghouse

Docket Annotation

May 15, 2019

May 15, 2019

PACER
2

MOTION for Preliminary Injunction and/or Temporary Restraining Order by Plaintiffs Capital Care Network of Toledo, Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Attachments: # 1 Text of Proposed Order Proposed Order for Temporary Restraining Order, # 2 Text of Proposed Order Proposed Order for Preliminary Injuction) (Hill, Beatrice). Added MOTION for Temporary Restraining Order on 5/15/2019 (sct). (Entered: 05/15/2019)

1 Text of Proposed Order Proposed Order for Temporary Restraining Order

View on PACER

2 Text of Proposed Order Proposed Order for Preliminary Injuction

View on PACER

May 15, 2019

May 15, 2019

RECAP
3

Corporate Disclosure Statement by Plaintiff Preterm-Cleveland. (Hill, Beatrice) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
4

NOTICE of Appearance by Beatrice Jessie Hill for Plaintiff Preterm-Cleveland (Hill, Beatrice) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
5

NOTICE of Appearance by Freda J Levenson for Plaintiff Preterm-Cleveland (Levenson, Freda) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
6

NOTICE of Appearance by Jennifer Lynn Branch for Plaintiffs Capital Care Network of Toledo, Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Women's Med Group Professional Corporation (Branch, Jennifer) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

RECAP
7

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $400 paid, receipt number 0648-6925980) of Melissa Cohen and Richard Muniz by Plaintiffs Capital Care Network of Toledo, Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Women's Med Group Professional Corporation. (Attachments: # 1 Exhibit Melissa Cohen Certificate of Good Standing, # 2 Exhibit Richard Muniz Certificate of Good Standing) (Branch, Jennifer) (Entered: 05/15/2019)

1 Exhibit Melissa Cohen Certificate of Good Standing

View on PACER

2 Exhibit Richard Muniz Certificate of Good Standing

View on PACER

May 15, 2019

May 15, 2019

PACER

If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (jlw)

May 15, 2019

May 15, 2019

PACER
9

NOTICE of Appearance by Heather L. Buchanan for Defendant Attorney General of Ohio (Buchanan, Heather) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER

~Util - Set Motion and R&R Deadlines/Hearings

May 20, 2019

May 20, 2019

PACER

Status Conference

May 20, 2019

May 20, 2019

PACER

Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 5/20/2019; Jennifer Branch, Beatrice Hill and Freda Levenson appeared for Plaintiff; Heather Buchanan and Bridgette Coontz appeared for Dft Ohio Attorney General; Elizabeth Watson and Melissa Cohen appeared for Dft ACLU; case to proceed with briefing re 2 MOTION for Preliminary Injunction; Order to follow. (ba)

May 20, 2019

May 20, 2019

PACER

Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 5/20/2019; Jennifer Branch, Beatrice Hill, Freda Levenson and Melissa Cohen appeared for Plaintiff; Heather Buchanan and Bridgette Coontz appeared for Dft Ohio Attorney General; Elizabeth Watson appeared for Dft ACLU; case to proceed with briefing re 2 MOTION for Preliminary Injunction; Order to follow. (ba) Modified on 5/22/2019 (ba) to correct the entry regarding appearance. A NEF will be regenerated.

May 20, 2019

May 20, 2019

PACER

Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 5/20/2019; Jennifer Branch, Beatrice Hill, Freda Levenson and Melissa Cohen appeared for Plaintiff; Elizabeth Watson appeared for Plf Preterm-Cleveland; Heather Buchanan and Bridgette Coontz appeared for Dft Ohio Attorney General; case to proceed with briefing re 2 MOTION for Preliminary Injunction; Order to follow. (ba) Modified on 5/22/2019 (ba) to correct the entry regarding appearance. A NEF will be regenerated. Modified on 6/5/2019 (ba) to edit text to correct attorney appearance.

May 20, 2019

May 20, 2019

PACER
10

RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 1:18cv109 are related, the subject case nevertheless will remain with the Judge to who it was assigned. Signed by Judge Michael R. Barrett and Judge Timothy S. Black on 5/17/19. (ba) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

RECAP
11

NOTICE of Appearance by Ward Coker Barrentine for Defendant Montgomery County Prosecutor (Barrentine, Ward) (Entered: 05/29/2019)

May 29, 2019

May 29, 2019

PACER
12

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $600 paid, receipt number 0648-6947719) of Elizabeth Watson, Rachel Reeves, Brigitte Amiri by Plaintiff Preterm-Cleveland. (Attachments: # 1 Exhibit Reeves Certificate of Good Standing, # 2 Exhibit Watson Certificate of Good Standing, # 3 Exhibit Amiri Certificate of Good Standing) (Levenson, Freda) (Entered: 05/31/2019)

1 Exhibit Reeves Certificate of Good Standing

View on PACER

2 Exhibit Watson Certificate of Good Standing

View on PACER

3 Exhibit Amiri Certificate of Good Standing

View on PACER

May 31, 2019

May 31, 2019

PACER
13

NOTICE of Appearance by John A Borell, Sr and Kevin A Pituch for Defendant Lucas County Prosecutor (Borell, John) Modified on 6/3/2019 (jlw). (Entered: 06/02/2019)

June 2, 2019

June 2, 2019

RECAP
14

ORDER granting 7 Motion for Leave to Appear Pro Hac Vice of Melissa Cohen and Richard Muniz for Plaintiffs Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio. Signed by Judge Michael R. Barrett on 6/4/19. (ba) (Entered: 06/04/2019)

June 4, 2019

June 4, 2019

PACER
15

ORDER granting 12 Motion for Leave to Appear Pro Hac Vice of Elizabeth Watson, Rachel Reeves and Brigitte Amiri for Plaintiff Preterm-Cleveland. Signed by Judge Michael R. Barrett on 6/4/19. (ba) (Entered: 06/04/2019)

June 4, 2019

June 4, 2019

PACER
16

NOTICE of Appearance by Bridget C Coontz for Defendants Attorney General of Ohio, Director Ohio Department of Health, Secretary, State Medical Board of Ohio, Supervising Member, State Medical Board (Coontz, Bridget) (Entered: 06/05/2019)

June 5, 2019

June 5, 2019

PACER
17

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction and/or Temporary Restraining Order MOTION for Temporary Restraining Order filed by Defendants Attorney General of Ohio, Director Ohio Department of Health, Secretary, State Medical Board of Ohio, Supervising Member, State Medical Board. (Attachments: # 1 Exhibit A SB 23 Bill Analysis, # 2 Exhibit B SB 23 Sponsor Testimony, # 3 Exhibit C SB 23 Proponent Testimony-Dennis Sullivan MD, # 4 Exhibit D SB 23 Testimony of K. Aultman, MD, # 5 Exhibit E SB 23 Announcement of Committee Meeting, # 6 Exhibit F SB 23 Proponent Testimony-David Forte) (Buchanan, Heather) (Entered: 06/05/2019)

1 Exhibit A SB 23 Bill Analysis

View on PACER

2 Exhibit B SB 23 Sponsor Testimony

View on PACER

3 Exhibit C SB 23 Proponent Testimony-Dennis Sullivan MD

View on PACER

4 Exhibit D SB 23 Testimony of K. Aultman, MD

View on PACER

5 Exhibit E SB 23 Announcement of Committee Meeting

View on PACER

6 Exhibit F SB 23 Proponent Testimony-David Forte

View on PACER

June 5, 2019

June 5, 2019

RECAP
18

NOTICE of Appearance by Arthur James Marziale, Jr for Defendant Franklin County Prosecutor (Marziale, Arthur) (Entered: 06/11/2019)

June 11, 2019

June 11, 2019

PACER
19

NOTICE of Appearance by Pamela J Sears for Defendant Hamilton County Prosecutor (Sears, Pamela) (Entered: 06/12/2019)

June 12, 2019

June 12, 2019

PACER
20

NOTICE of Appearance by Michael Gerard Florez for Defendant Hamilton County Prosecutor (Florez, Michael) (Entered: 06/12/2019)

June 12, 2019

June 12, 2019

PACER
21

NOTICE by Defendants Cuyahoga County Prosecutor, Franklin County Prosecutor, Hamilton County Prosecutor, Lucas County Prosecutor, Mahoning County Prosecutor, Montgomery County Prosecutor, Richland County Prosecutor Notice to Court Regarding Defense Provided By County Prosecutor Defendants (Sears, Pamela) (Entered: 06/13/2019)

June 13, 2019

June 13, 2019

RECAP
22

NOTICE of Appearance by James J. Barbiere for Defendant Hamilton County Prosecutor (Barbiere, James) (Entered: 06/13/2019)

June 13, 2019

June 13, 2019

RECAP
23

REPLY to Response to Motion re 2 MOTION for Preliminary Injunction and/or Temporary Restraining Order MOTION for Temporary Restraining Order filed by Plaintiffs Capital Care Network of Toledo, Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Hill, Beatrice) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
24

NOTICE by Defendant Attorney General of Ohio re 21 Notice (Other), Notice of Defendant Ohio Attorney General Dave Yost Regarding County Prosecutors Notice (Buchanan, Heather) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
25

WAIVER OF SERVICE Returned Executed. Waiver sent to Attorney General of Ohio on 6/11/2019, answer due 8/12/2019. (Hill, Beatrice) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
26

WAIVER OF SERVICE Returned Executed. Waiver sent to Director Ohio Department of Health on 6/11/2019, answer due 8/12/2019. (Hill, Beatrice) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
27

WAIVER OF SERVICE Returned Executed. Waiver sent to Secretary, State Medical Board of Ohio on 6/11/2019, answer due 8/12/2019. (Hill, Beatrice) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
28

WAIVER OF SERVICE Returned Executed. Waiver sent to Supervising Member, State Medical Board on 6/11/2019, answer due 8/12/2019. (Hill, Beatrice) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
29

ORDER granting 2 Motion for Preliminary Injunction; bond waived. Signed by Judge Michael R. Barrett on 7/3/19. (ba) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

Clearinghouse
30

ANSWER to 1 Complaint, filed by Attorney General of Ohio, Director Ohio Department of Health, Secretary, State Medical Board of Ohio, Supervising Member, State Medical Board. (Coontz, Bridget) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER
31

MOTION for Judgment on the Pleadings by Plaintiffs Capital Care Network of Toledo, Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Hill, Beatrice) (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

RECAP

Notice of Deadline

Aug. 21, 2019

Aug. 21, 2019

PACER

NOTICE of Deadline: Rule 26(f) Report due by 9/11/2019. Please be aware that the Court has revised its Rule 26(f) report and joint final pretrial order forms as well as its trial procedures; visit www.ohsd.uscourts.gov/FPbarrett to obtain copies of those required forms; (ba)

Aug. 21, 2019

Aug. 21, 2019

PACER
32

MOTION for Extension of Time to File Response/Reply as to 31 MOTION for Judgment on the Pleadings New date requested 10/10/2019. by Defendants Attorney General of Ohio, Director Ohio Department of Health, Secretary, State Medical Board of Ohio, Supervising Member, State Medical Board. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion for Extension of Time to Respond to MJP) (Buchanan, Heather) (Entered: 09/05/2019)

1 Text of Proposed Order Proposed Order Granting Motion for Extension of Time to R

View on PACER

Sept. 5, 2019

Sept. 5, 2019

PACER
33

Joint MOTION TO EXTEND TIME TO FILE RULE 26(F) REPORT by Plaintiffs Capital Care Network of Toledo, Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Hill, Beatrice) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
34

ORDER granting 32 Motion for Extension of Time to File Response/Reply re 31 MOTION for Judgment on the Pleadings; Responses due by 10/10/2019. Signed by Judge Michael R. Barrett on 9/9/19. (ba) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER

Set Motion and R&R Deadlines/Hearings

Sept. 11, 2019

Sept. 11, 2019

PACER

~Util - Terminate Motions

Sept. 11, 2019

Sept. 11, 2019

PACER

Order

Sept. 11, 2019

Sept. 11, 2019

PACER

Notation order signed by Judge Michael R. Barrett on 9/11/19: The Parties jointly move for an extension of time to file their Civil Rule 26(f) Report and, for good cause shown, the Parties 33 Motion is GRANTED. The Parties shall have up to and including fourteen (14) days after the Court rules on Plaintiffs 31 Motion for Judgment on the Pleadings to file their Civil Rule 26(f) Report. (ba)

Sept. 11, 2019

Sept. 11, 2019

PACER
35

RESPONSE in Opposition re 31 MOTION for Judgment on the Pleadings filed by Defendants Attorney General of Ohio, Director Ohio Department of Health, Secretary, State Medical Board of Ohio, Supervising Member, State Medical Board. (Attachments: # 1 Exhibit A SB 23 Bill Analysis, # 2 Exhibit B SB 23 Sponsor Testimony, # 3 Exhibit C SB 23 Proponent Testimony-Dennis Sullivan MD, # 4 Exhibit D SB 23 Testimony of K. Aultman, MD, # 5 Exhibit E SB 23 Announcement of Committee Meeting, # 6 Exhibit F SB 23 Proponent Testimony-David Forte) (Coontz, Bridget) (Entered: 10/10/2019)

1 Exhibit A SB 23 Bill Analysis

View on PACER

2 Exhibit B SB 23 Sponsor Testimony

View on PACER

3 Exhibit C SB 23 Proponent Testimony-Dennis Sullivan MD

View on PACER

4 Exhibit D SB 23 Testimony of K. Aultman, MD

View on PACER

5 Exhibit E SB 23 Announcement of Committee Meeting

View on PACER

6 Exhibit F SB 23 Proponent Testimony-David Forte

View on PACER

Oct. 10, 2019

Oct. 10, 2019

PACER
36

REPLY to Response to Motion re 31 MOTION for Judgment on the Pleadings filed by Plaintiffs Capital Care Network of Toledo, Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Attachments: # 1 Exhibit Exhibit A - Fetal Development and Family Planning, # 2 Exhibit Exhibit B - Induced Abortions in Ohio) (Hill, Beatrice) (Entered: 10/24/2019)

1 Exhibit Exhibit A - Fetal Development and Family Planning

View on PACER

2 Exhibit Exhibit B - Induced Abortions in Ohio

View on PACER

Oct. 24, 2019

Oct. 24, 2019

PACER
37

NOTICE by Plaintiffs Capital Care Network of Toledo, Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation Notice of Supplemental Authority (Attachments: # 1 Exhibit A - Sistersong v. Kemp Order on Motion to Limit Discovery) (Hill, Beatrice) (Entered: 12/20/2019)

1 Exhibit A - Sistersong v. Kemp Order on Motion to Limit Discovery

View on PACER

Dec. 20, 2019

Dec. 20, 2019

PACER
38

NOTICE by Plaintiffs Capital Care Network of Toledo, Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation Notice of Supplemental Authority (Hill, Beatrice) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

PACER
39

AMENDED COMPLAINT against All Defendants, filed by Planned Parenthood Southwest Ohio Region, Preterm-Cleveland, Capital Care Network of Toledo, Sharon Liner, Planned Parenthood of Greater Ohio, Women's Med Group Professional Corporation. (Attachments: # 1 Exhibit A - Supplement to Verified Complaint with Exhibits, # 2 Exhibit B - Supplement to Verified Complaint with Tracked Changes, # 3 Text of Proposed Order Granting Plaintiffs' Expedited Motion to File Supplemental Complaint, # 4 Rule 7.1 Disclosure for NEOWC) (Hill, Beatrice) (Entered: 03/30/2020)

1 Exhibit A - Supplement to Verified Complaint with Exhibits

View on PACER

2 Exhibit B - Supplement to Verified Complaint with Tracked Changes

View on PACER

3 Text of Proposed Order Granting Plaintiffs' Expedited Motion to File Supple

View on PACER

4 Rule 7.1 Disclosure for NEOWC

View on PACER

March 30, 2020

March 30, 2020

Clearinghouse

Motion Hearing

March 30, 2020

March 30, 2020

PACER
40

***STRIKING per 78 Order**** MOTION for Temporary Restraining Order by Plaintiffs Capital Care Network of Toledo, Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Attachments: # 1 Exhibit A - Declaration of Sharon Liner, # 2 Exhibit B - Declaration of Chrisse France, # 3 Exhibit C- Declaration of Adarsh Krishen, # 4 Exhibit D- Declaration of Martin Haskell, # 5 Exhibit E- Declaration of David Burkons, # 6 Text of Proposed Order) (Hill, Beatrice) Modified on 4/24/2020 (ba) to edit text pursuant to 78 Order. (Entered: 03/30/2020)

1 Exhibit A - Declaration of Sharon Liner

View on PACER

2 Exhibit B - Declaration of Chrisse France

View on PACER

3 Exhibit C- Declaration of Adarsh Krishen

View on PACER

4 Exhibit D- Declaration of Martin Haskell

View on PACER

5 Exhibit E- Declaration of David Burkons

View on PACER

6 Text of Proposed Order

View on PACER

March 30, 2020

March 30, 2020

RECAP
41

MOTION to Amend/Correct Verified Complaint by Plaintiffs Capital Care Network of Toledo, Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Attachments: # 1 Exhibit A - Supplement to Verified Complaint with Exhibits, # 2 Exhibit B - Supplement to Verified Complaint with Tracked Changes, # 3 Text of Proposed Order Granting Plaintiffs' Expedited Motion to File Supplemental Complaint, # 4 Rule 7.1 Disclosure for NEOWC) (Hill, Beatrice) (Entered: 03/30/2020)

1 Exhibit A - Supplement to Verified Complaint with Exhibits

View on RECAP

2 Exhibit B - Supplement to Verified Complaint with Tracked Changes

View on PACER

3 Text of Proposed Order Granting Plaintiffs' Expedited Motion to File Supple

View on PACER

4 Rule 7.1 Disclosure for NEOWC

View on PACER

March 30, 2020

March 30, 2020

RECAP
42

MOTION for Temporary Restraining Order by Plaintiffs Capital Care Network of Toledo, Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Attachments: # 1 Exhibit A - Declaration of Sharon Liner, # 2 Exhibit B - Declaration of Chrisse France, # 3 Exhibit C - Declaration of Adarsh Krishen, # 4 Exhibit D - Declaration of Martin Haskell, # 5 Exhibit E - Declaration of David Burkons, # 6 Text of Proposed Order) (Hill, Beatrice) (Entered: 03/30/2020)

1 Exhibit A - Declaration of Sharon Liner

View on RECAP

2 Exhibit B - Declaration of Chrisse France

View on PACER

3 Exhibit C - Declaration of Adarsh Krishen

View on PACER

4 Exhibit D - Declaration of Martin Haskell

View on PACER

5 Exhibit E - Declaration of David Burkons

View on RECAP

6 Text of Proposed Order

View on PACER

March 30, 2020

March 30, 2020

Clearinghouse

Minute Entry for proceedings held before Judge Michael R. Barrett: Rule 65.1 Conference held on 3/30/2020 re 42 MOTION for Temporary Restraining Order filed by Planned Parenthood of Greater Ohio, Preterm-Cleveland, Sharon Liner, Women's Med Group Professional Corporation, Planned Parenthood Southwest Ohio Region, Capital Care Network of Toledo; Jennifer Branch, Brigitte Amiri, Bridget Coontz, Jessie Hill, Freda Levenson, Richard Muniz, Elizabeth Watson and Carrie Flaxman appeared for plaintiffs; Heather Buchanan appeared for State defendants; and Arthur Marziale appeared for Franklin County dft; Court's order to follow. (ba)

March 30, 2020

March 30, 2020

PACER
43

ORDER granting 41 Plaintiffs' Motion to File a Supplemental Complaint; GRANTING IN PART, to the extent that it seeks a temporary restraining order, and HELD IN ABEYANCE IN PART, to the extent that it seeks a preliminary injunction re plaintiffs' 42 Motion for a Temporary Restraining Order and/or Preliminary Injunction; this Temporary Restraining Order is effective upon entry and expires fourteen (14) days thereafter unless dissolved earlier or extended by the Court; no bond is required. Signed by Judge Michael R. Barrett on 3/30/20. (ba) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

Clearinghouse
44

MOTION for Leave to File Amicus Curiae Brief by Amicus Joshua James Brown. (Attachments: # 1 Supplement Statement of Interest of the state of ALABAMA, ARKANSAS, IDAHO, INDIANA, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, NEBRASKA, OKLAHOMA, SOUTH DAKOTA, TEXAS, TENNESSEE, UTAH, AND WEST VIRGINIA) (Brown, Joshua) (Entered: 03/30/2020)

1 Supplement Statement of Interest of the state of ALABAMA, ARKANSAS, IDAHO, INDIA

View on PACER

March 30, 2020

March 30, 2020

PACER

NOTICE of Hearing: Please be aware that a Status Conference is set for 4/1/2020 at 12:00 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 3/30/20 for conferencing instructions (ba)

March 31, 2020

March 31, 2020

PACER

Notice of Hearing

March 31, 2020

March 31, 2020

PACER
45

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7403181) of Carrie Flaxman by Plaintiffs Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio. (Attachments: # 1 Exhibit Certificate of Good Standing for Carrie Flaxman) (Branch, Jennifer) (Entered: 03/31/2020)

1 Exhibit Certificate of Good Standing for Carrie Flaxman

View on PACER

March 31, 2020

March 31, 2020

PACER

Order on Motion for Leave to Appear Pro Hac Vice

March 31, 2020

March 31, 2020

PACER
46

NOTICE of Appearance by Michael Allan Walton for Defendant Attorney General of Ohio (Walton, Michael) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
47

NOTICE by Plaintiffs Capital Care Network of Toledo, Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation Notice of Supplemental Authority (Attachments: # 1 Exhibit A - Texas TRO, # 2 Exhibit B - Alabama TRO) (Hill, Beatrice) (Entered: 03/31/2020)

1 Exhibit A - Texas TRO

View on PACER

2 Exhibit B - Alabama TRO

View on PACER

March 31, 2020

March 31, 2020

PACER
48

SUPPLEMENT TO VERIFIED COMPLAINT AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants, filed by Planned Parenthood Southwest Ohio Region, Preterm-Cleveland, Capital Care Network of Toledo, Sharon Liner, Planned Parenthood of Greater Ohio, Women's Med Group Professional Corporation, Northeast Ohio Women's Center. (Attachments: # 1 Exhibit A - SB 23, # 2 Exhibit B - Health Director's Order, # 3 Exhibit C -AG's Statement) (Hill, Beatrice) Modified docket text on 4/1/2020 (eh). (Entered: 03/31/2020)

1 Exhibit A - SB 23

View on PACER

2 Exhibit B - Health Director's Order

View on PACER

3 Exhibit C -AG's Statement

View on PACER

March 31, 2020

March 31, 2020

Clearinghouse

NOTATION ORDER granting 45 Motion for Leave to Appear Pro Hac Vice of Carrie Flaxman as CO-COUNSEL is this matter only. In the event Pro Hac Vice counsel has not yet received a login and password from the Clerk of Courts, they should promptly comply with the Courts Electronic Filing Policies and Procedures Manual which can be found at the Courts website, www.ohsd.uscourts.gov. So Ordered. Signed by Judge Michael R. Barrett on 3/31/2020. (ss)

March 31, 2020

March 31, 2020

PACER
49

NOTICE by Plaintiffs Capital Care Network of Toledo, Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation Amended Notice of Supplemental Authority (Attachments: # 1 Exhibit A - Texas TRO, # 2 Exhibit B - Alabama TRO) (Hill, Beatrice) (Entered: 04/01/2020)

1 Exhibit A - Texas TRO

View on PACER

2 Exhibit B - Alabama TRO

View on PACER

April 1, 2020

April 1, 2020

RECAP

~Util - Set Motion and R&R Deadlines/Hearings

April 1, 2020

April 1, 2020

PACER

Status Conference

April 1, 2020

April 1, 2020

PACER

Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 4/1/2020; Jennifer Branch, Alphonse Gerhardstein, Jessie Hill; Brigitte Amiri, Carrie Flaxman, Freda Levenson, Richard Muniz and Elizabeth Watson appeared for plaintiffs; Heather Buchanan and Michael Walton appeared for State dfts; and Arthur Marziale appeared for Franklin County dft; matter to proceed on an agreed upon briefing schedule as to 42 MOTION for Permanent Injunction; Responses due by 4/8/2020; Replies due by 4/15/2020; parties shall apprise the Court regarding their position on oral arguments. (ba)

April 1, 2020

April 1, 2020

PACER
50

NOTICE OF INTERLOCUTORY APPEAL re 43 Order,, (Filing fee has been paid, receipt number 0648-7405682) by Defendants Attorney General of Ohio, Director Ohio Department of Health, Secretary, State Medical Board of Ohio, Supervising Member, State Medical Board. (Buchanan, Heather) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

RECAP
51

ORDER granting 44 Motion for Leave to File Amici Curiae brief; responses by the parties will be due on or before 4/8/20. Signed by Judge Michael R. Barrett on 4/1/20. (ba) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

RECAP
52

ORDER denying 50 Request for Stay filed by Secretary, State Medical Board of Ohio, Supervising Member, State Medical Board, Director Ohio Department of Health, Attorney General of Ohio. Signed by Judge Michael R. Barrett on 4/2/20. (ba) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

Clearinghouse
53

USCA Case Number 20-3365 for 50 Notice of Interlocutory Appeal, filed by Secretary, State Medical Board of Ohio, Supervising Member, State Medical Board, Director Ohio Department of Health, Attorney General of Ohio. (pb) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
54

MOTION to Clarify 43 Order,, Temporary Restraining Order by Plaintiffs Capital Care Network of Toledo, Sharon Liner, Northeast Ohio Women's Center, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Branch, Jennifer) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

RECAP
55

RESPONSE in Opposition re 54 MOTION to Clarify 43 Order,, Temporary Restraining Order and Request to Dissolve the Temporary Restraining Order issued on March 30, 2020 43 filed by Defendants Attorney General of Ohio, Director Ohio Department of Health, Secretary, State Medical Board of Ohio, Supervising Member, State Medical Board. (Buchanan, Heather) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
56

NOTICE by Defendant Attorney General of Ohio re 55 Response in Opposition to Motion, Defendants Notice of Supplemental Authority to its Response in Opposition to Plaintiffs Motion to Clarify Temporary Restraining Order and Request to Dissolve the Temporary Restraining Order (Doc. 55) (Buchanan, Heather) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
57

ORDER of USCA the Providers motion to dismiss is GRANTED. The States motion for a stay is DENIED as moot as to 50 Notice of Interlocutory Appeal, filed by Secretary, State Medical Board of Ohio, Supervising Member, State Medical Board, Director Ohio Department of Health, Attorney General of Ohio Note: No Mandate to issue. (pb) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

Clearinghouse
58

MOTION for Leave to File Excess Pages by Defendants Attorney General of Ohio, Director Ohio Department of Health, Secretary, State Medical Board of Ohio, Supervising Member, State Medical Board. (Buchanan, Heather) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER

Order on Motion for Leave to File Excess Pages

April 8, 2020

April 8, 2020

PACER

Notation Order: This matter is before the Court on the State Defendants' 58 unopposed Motion for Leave to File Memorandum In Excess of 20 Pages. For good cause shown, and the reasons stated therein, it is hereby ORDERED that Defendants' 58 Motion is GRANTED and their Response to Plaintiffs' 42 Motion for a Preliminary Injunction may not exceed forty (40) pages. Signed by Judge Michael R. Barrett on April 8, 2020. (ba)

April 8, 2020

April 8, 2020

PACER
59

RESPONSE in Opposition re 42 MOTION for Temporary Restraining Order filed by Defendants Attorney General of Ohio, Director Ohio Department of Health, Secretary, State Medical Board of Ohio, Supervising Member, State Medical Board. (Attachments: # 1 Exhibit A, Exh. A, Director's Non-Essential Surgery Order, # 2 Exhibit B, In re Abbott, USCA, Fifth Circuit, No. 20-50264, # 3 Exhibit C, Declaration Mark Hurst, ODH Medical Director, # 4 Errata D, Declaration of Benjamin Robison, # 5 Exhibit E, Declaration of Brian Fowler, ODH Chief Data Officer) (Buchanan, Heather) (Entered: 04/08/2020)

1 Exhibit A, Exh. A, Director's Non-Essential Surgery Order

View on PACER

2 Exhibit B, In re Abbott, USCA, Fifth Circuit, No. 20-50264

View on PACER

3 Exhibit C, Declaration Mark Hurst, ODH Medical Director

View on PACER

4 Errata D, Declaration of Benjamin Robison

View on PACER

5 Exhibit E, Declaration of Brian Fowler, ODH Chief Data Officer

View on PACER

April 8, 2020

April 8, 2020

PACER
60

NOTICE of Appearance by Philip D. Williamson for Amicus Citizens for Community Values (Williamson, Philip) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
61

MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7417678) of Rachel R. Citak by Amicus Citizens for Community Values. (Attachments: # 1 Affidavit) (Williamson, Philip) (Entered: 04/09/2020)

1 Affidavit

View on PACER

April 9, 2020

April 9, 2020

PACER
62

MOTION for Leave to File Amicus Curiae Brief with Consent in Support of Defendants by Citizens for Community Values on Behalf of Named Individual Health Professionals and Medical Professional Associations by Amicus Citizens for Community Values. (Attachments: # 1 Brief of Amici Curiae) (Williamson, Philip) Modified Docket Text on 4/10/2020 (bjc). (Entered: 04/09/2020)

1 Brief of Amici Curiae

View on PACER

April 9, 2020

April 9, 2020

PACER
63

ORDER extending 43 Temporary Restraining Order; This Order is effective upon entry and expires fourteen (14) days thereafter unless dissolved earlier or extended by the Court. Signed by Judge Michael R. Barrett on 4/10/20. (ba) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

Clearinghouse
64

ORDER granting 62 Motion for Leave to File; Amici must file their brief within three (3) days of the date of this Order. Signed by Judge Michael R. Barrett on 4/14/20. (ba) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
65

NOTICE by Plaintiffs Capital Care Network of Toledo, Sharon Liner, Northeast Ohio Women's Center, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation re 63 Order of Plaintiffs' Request for Oral Argument (Branch, Jennifer) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

RECAP
66

MOTION for Leave to File Excess Pages by Plaintiffs Capital Care Network of Toledo, Sharon Liner, Northeast Ohio Women's Center, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Branch, Jennifer) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
67

Reply re 65 Notice (Other), of Oppostion to Oral Argument by Defendants Attorney General of Ohio, Director Ohio Department of Health, Secretary, State Medical Board of Ohio, Supervising Member, State Medical Board. (Buchanan, Heather) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER

Order on Motion for Leave to File Excess Pages

April 15, 2020

April 15, 2020

PACER

Notation Order: This matter is before the Court on Plaintiffs' 66 Motion for Leave to File Memorandum In Excess of 20 Pages. For good cause shown, and the reasons stated therein, it is hereby ORDERED that Plaintiffs' 66 Motion is GRANTED and their Reply to the State Defendants' Response in Opposition to Plaintiffs' Motion for a Preliminary Injunction may not exceed thirty-five (35) pages. Signed by Judge Michael R. Barrett on April 15, 2020. (ba)

April 15, 2020

April 15, 2020

PACER
68

REPLY to Response to Motion re 42 MOTION for Temporary Restraining Order filed by Plaintiffs Capital Care Network of Toledo, Sharon Liner, Northeast Ohio Women's Center, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Attachments: # 1 Exhibit A - France Supplemental Declaration, # 2 Exhibit B - Liner Supplemental Declaration, # 3 Exhibit C - Krishen Supplemental Declaration, # 4 Exhibit D - Haskell Supplemental Declaration, # 5 Exhibit E - Burkons Supplemental Declaration, # 6 Exhibit F - Norris Declaration, # 7 Exhibit G - Keder Declaration, # 8 Exhibit H - McKinney Declaration, # 9 Text of Proposed Order) (Hill, Beatrice) (Entered: 04/15/2020)

1 Exhibit A - France Supplemental Declaration

View on PACER

2 Exhibit B - Liner Supplemental Declaration

View on PACER

3 Exhibit C - Krishen Supplemental Declaration

View on PACER

4 Exhibit D - Haskell Supplemental Declaration

View on PACER

5 Exhibit E - Burkons Supplemental Declaration

View on PACER

6 Exhibit F - Norris Declaration

View on PACER

7 Exhibit G - Keder Declaration

View on PACER

8 Exhibit H - McKinney Declaration

View on PACER

9 Text of Proposed Order

View on PACER

April 15, 2020

April 15, 2020

PACER
69

BRIEF OF AMICI CURIAE re 64 Order on Motion for Leave to File by Amicus Citizens for Community Values. (Williamson, Philip) Modified on 4/17/2020 (jlw). (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

RECAP
70

MOTION for Leave to File MOTION OF AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, AMERICAN MEDICAL ASSOCIATION, AND OTHER NATIONWIDE ORGANIZATIONS OF MEDICAL PROFESSIONALS FOR LEAVE TO FILE BRIEF AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS MOTION FOR A PRELIMINARY INJUNCTION by Amicus AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS. (Besser, Matthew) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
71

MOTION for Leave to Appear Pro Hac Vice (Receipt # 200COL061423) of Joseph S. St. John, Elizabeth B. Murrill by Amicus Joshua James Brown. (Attachments: # 1 Exhibit Certificate of Good Standing, St. John, Murrill) (Brown, Joshua) Modified docket on 4/23/2020 (eh). (Entered: 04/16/2020)

1 Exhibit Certificate of Good Standing, St. John, Murrill

View on PACER

April 16, 2020

April 16, 2020

PACER
72

ORDER granting 70 Motion for Leave to File Amicus Curiae brief; brief is due 3 days from the date of this Order. Signed by Judge Michael R. Barrett on 4/17/20. (ba) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

RECAP

Status Conference

April 17, 2020

April 17, 2020

PACER

Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 4/17/2020 regarding the need for oral argument; Jennifer Branch, Jessie Hill; Brigitte Amiri, Carrie Flaxman, Freda Levenson, Richard Muniz and Elizabeth Watson appeared for plaintiffs; Heather Buchanan and Michael Walton appeared for State dfts; and Arthur Marziale appeared for Franklin County dft; Joshua Brown appeared for amicus; the issue of oral argument is taken under advisement; a decision will follow either later today or Monday (4/20/20). (Court Reporter: Maryann Maffia) (ba)

April 17, 2020

April 17, 2020

PACER
73

BRIEF AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION by Amicus AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS. (Besser, Matthew) Modified to create links to motions on 4/20/2020 (eh). (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

RECAP

Case Details

State / Territory: Ohio

Case Type(s):

Public Benefits/Government Services

Reproductive Issues

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: May 15, 2019

Closing Date: July 7, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Non-profit corporations and corporations that provide abortions after six weeks in Ohio, and the several doctors that work at the facilities.

Plaintiff Type(s):

Private Plaintiff

Closely-held (for profit) corporation

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Ohio Department of Health, State

State Medical Board of Ohio, State

Cuyahoga County Prosecutor (Cuyahoga), County

Hamilton County Prosecutor (Hamilton), County

Franklin County Prosecutor (Franklin), County

Richland County Prosecutor (Richland), County

Mahoning County Prosecutor (Mahoning), County

Montgomery County Prosecutor (Montgomery), County

Lucas County Prosecutor (Lucas), County

Ohio Attorney General, State

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Reproductive rights:

Criminalization

Time-based abortion prohibition

Cardiac activity legislation

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

Abortion

Affected Sex or Gender:

Female