Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

13-405 - Planned Parenthood Southeast, Inc. et al v. Bentley et al


Download Files

Metadata

Document in Context
13-405 - Planned Parenthood Southeast, Inc. et al v. Bentley et al
June 13, 2013
PDF | More
ORDER as follows with regard to the plaintiffs' motion for temporary restraining order 3: (1) The defendants are to file a response by June 25, 2013; and (2) The plaintiffs may file a reply by noon on June 27, 2013; and (3) The court will issue a ruling on the motion by no later than June 28, 2013. Signed by Honorable Judge Myron H. Thompson on 6/13/2013. (jg, )
June 28, 2013
PDF | More
OPINION AND ORDER directing as follows: (1) plaintiffs Planned Parenthood Southeast, Inc., Reproductive Health Services, and June Ayers's 3 motion for a temporary restraining order is GRANTED; (2) Defendants Robert Bentley, Luther Strange, Ellen Brooks, Brandon K. Falls, Ashley Rich, Donald E.Williamson, George C. Smith, Jr., James E. West, and Martha Lavender, and all those acting in concert with them, are ENJOINED from: (a) enforcing the requirements of § 4(c) of HB 57, and (b) failing to notify immediately all state officials who are responsible for enforcing the requirements of HB 57 § 4(c) of this temporary restraining order; (3) this injunction shall expire on 7/12/2013, at 2:45 p.m.. Signed by Honorable Judge Myron H. Thompson on 6/28/13. (Attachments: # (1) civil appeals checklist)(djy, )
July 9, 2013
PDF | More
ORDER granting 62 Joint Motion to extend the temporary restraining order ; the temporary restraining order enjoining enforcement of § 4(c) of HB 57 shall remain in effect until August 15, 2013, at 3:00 p.m. Signed by Honorable Judge Myron H. Thompson on 7/9/13. (djy, )
July 11, 2013
PDF | More
ORDER directing that the re 64 MOTION TO DISMISS is set for Submission, without oral argument, on 7/31/2013, with the plaintiff to file their Response by 7/19/2013, and defendant Bentley to file a Reply by 7/31/2013. Signed by Honorable Judge Myron H. Thompson on 7/11/13. (djy, )
July 15, 2013
PDF | More
CONSENT ORDER GRANTING 68 Joint MOTION to Dismiss; Defendant Lavender is dismissed without prejudice from this action, as further set out in order; further ORDERING that the clerk shall terminate def Lavender as a party and that def Lavender's 40 MOTION to Dismiss is denied as moot. Signed by Honorable Judge Myron H. Thompson on 7/15/13. (Attachments: # (1) civil appeals checklist)(djy, )
July 15, 2013
PDF | More
CONSENT ORDER GRANTING 69 Joint MOTION to Dismiss; Defendant George C. Smith, Jr. is dismissed without prejudice from this action, as further set out in order; further ORDERING that the clerk is to terminate def Smith as a party. Signed by Honorable Judge Myron H. Thompson on 7/15/13. (Attachments: # (1) civil appeals checklist)(djy, )
July 15, 2013
PDF | More
CONSENT ORDER granting 70 Joint MOTION to Dismiss; def James E. West is dismissed without prejudice from this action, as further set out in order; further ORDERING that the clerk is to terminate def West as a party. Signed by Honorable Judge Myron H. Thompson on 7/15/13. (Attachments: # (1) civil appeals checklist)(djy, )
July 16, 2013
PDF | More
CONSENT ORDER GRANTING 74 Joint MOTION to Dismiss; defendant Robert Bentley is dismissed without prejudice from this action, as further set out in order, further ORDERING that the clerk shall terminated defendant Bentley as a party and that defendant Bentley's 64 MOTION TO DISMISS is denied as moot. Signed by Honorable Judge Myron H. Thompson on 7/16/13. (Attachments: # (1) civil appeals checklist)(djy, )
July 23, 2013
PDF | More
pson on 7/23/13. (djy, )ORDER, JUDGMENT and DECREE of the court that the 49 temporary restraining enjoining enforcement of § 4(c) of HB 57 shall remain in effect until March 24, 2014, at 3:00 p.m., as further set out in order. Signed by Honorable Judge Myron H. Thom
July 23, 2013
PDF | More
ORDER, pursuant to the parties 79 amended Rule 26(f) report, it is ORDERED that the plaintiffs 3 motion for a preliminary injunction is consolidated with their request for a permanent injunction pursuant to Federal Rule of Civil Procedure 65(a)(2). Signed by Honorable Judge Myron H. Thompson on 7/23/13. (Attachments: # (1) civil appeals checklist)(djy, )
September 16, 2013
PDF | More
ORDER granting 91 Motion to Substitute Party and Barbara Buchanan is substituted for Shaneka Davis as a plaintiff in this case. Signed by Honorable Judge Myron H. Thompson on 9/16/13. (Attachments: # (1) civil appeals checklist) (djy, )
March 19, 2014
PDF | More
dge Myron H. Thompson on 3/19/14. (djy, )ORDER (1) granting 143 joint request to extend the temporary restraining order; (2) the 49 Temporary Restraining order enjoining enforcement of § 4(c) of HB 57, shall remain in effect until April 2, 2014, at 5:00 p.m.. Signed by Honorable Ju
March 31, 2014
PDF | More
OPINION. Signed by Honorable Judge Myron H. Thompson on 3/31/14. (djy, )
March 31, 2014
PDF | More
JUDGMENT, in accordance with the opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) the 108 MOTION for Summary Judgment filed by plaintiffs is DENIED; (2) the 106 MOTION for Summary Judgment filed by defendants is granted in part and denied in part as follows: (a) The motion is denied as to claim asserting 'the substantive due process rights of women seeking abortions.' This claim will go to trial; (b) The motion is granted to this extent: (i) the 'non-delegation' claim is dismissed without prejudice; and (ii) summary judgment is entered in favor of the defendants as to all other claims. Signed by Honorable Judge Myron H. Thompson on 3/31/14. (Attachments: # (1) civil appeals checklist)(djy, )
April 1, 2014
PDF | More
ORDERED that the Non-Jury Trial is set for 5/19/2014, at 10:00 AM, in Courtroom 2FMJ, before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 4/1/2014. (furn: calendar, ag) (wcl, )
April 2, 2014
PDF | More
ORDER (1) granting 151 Joint Motion and Consent to Extend Temporary Restraining Order; (2) the 49 temporary restraining order enjoining enforcement of § 4(c) of HB 57, shall remain in effect through the entry of final judgment in this case. Signed by Honorable Judge Myron H. Thompson on 4/2/2014. (djy, )
April 2, 2014
PDF | More
ORDER directing that the plaintiffs are to file their pretrial brief by 5/8/2014, the defendants are to do the same by 5/13/2014; and the plaintiffs may file a reply by 5/15/2014. Signed by Honorable Judge Myron H. Thompson on 4/2/14. (djy, )
May 13, 2014
PDF | More
ORDER directing that the exhibits listed in the 177 Joint Exhibit List are admitted. Signed by Honorable Judge Myron H. Thompson on 5/13/14. (djy, )
June 6, 2014
PDF | More
ORDER directing that the objections as to the following exhibits are overruled and that these exhibits are admitted: (1) Plaintiffs' Exhibits 29, 33, and 34; (2) Defendants' Exhibits 49, 60, 61, 73, 82, 83, and 84, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 6/6/14. (djy, ) .
July 31, 2014
PDF | More
NOTICE TO COUNSEL that the opinion will be entered by next Monday, August 4, 2014, as further set out in notice. Signed by Honorable Judge Myron H. Thompson on 7/31/14. (djy, )
August 4, 2014
PDF | More
OPINION. Signed by Honorable Judge Myron H. Thompson on 8/4/14. (djy, )
August 4, 2014
PDF | More
JUDGMENT, in accordance with the opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Judgment is entered in favor of plaintiffs Planned Parenthood Southeast, Inc., Reproductive Health Services, June Ayers, RN, and Kiwana Brooks, and against defendants Attorney General of Alabama, District Attorneys of Montgomery, Jefferson, and Mobile Counties, and State Health Officer. (2) It is DECLARED that the staff- privileges requirement of Alabama's Women's Health and Safety Act, codified at 1975 Ala. Code § 26-23E-4(c), violates the substantive due process rights of the women seeking abortion, as applied to plaintiffs Planned Parenthood Southeast, Inc., Reproductive Health Services, June Ayers, RN, and Kiwana Brooks; further ORDERING that, because this judgment does not resolve all Issues in this litigation (in particular, those identified at the end of the accompanying opinion), the temporary restraining order remains in effect until the resolution of those issues, as further set out in judgment; further ORDERING that the court reserves the taxation of costs and the imposition of attorney's fees until after the resolution of the remaining, unresolved issues; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is not closed. Signed by Honorable Judge Myron H. Thompson on 8/4/14. (Attachments: # (1) civil appeals checklist)(djy, )
August 18, 2014
PDF | More
ORDER directing as follows: (1) the plaintiffs are to file a supplemental brief by 9/2/2014; (2) defendants are to do the same by 9/16/2014; (3) the plaintiffs may file a reply by 9/23/2014. Signed by Honorable Judge Myron H. Thompson on 8/18/14. (djy, )
October 20, 2014
PDF | More
OPINION. Signed by Honorable Judge Myron H. Thompson on 10/20/14. (djy, )
October 24, 2014
PDF | More
ORDER that the court wishes to correct errata in regards to the initial 238 opinion entered on 8/4/2014; directing that the following changes are made, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 10/24/14. (djy, )
March 25, 2016
PDF | More
OPINION. Signed by Honorable Judge Myron H. Thompson on 3/25/16. (djy, )
March 25, 2016
PDF | More
JUDGMENT, in accordance with the opinions and orders entered in this case, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) It is DECLARED that subsection 4(c) of the Women's Health and Safety Act, 2013 Ala. Acts 79 4(c), codified at 1975 Ala. Code 26-23E-4(c), is unconstitutional; (2) judgment is entered in favor of plaintiffs and against the defendants; (3) the 152 & 239 Temporary Restraining Order is vacated as moot; (4) the 3 MOTION for Preliminary Injunction is denied as moot; further ORDERING that costs are taxed against the defs, for which execution may issue; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is closed. Signed by Honorable Judge Myron H. Thompson on 3/25/16. (Attachments: # (1) civil appeals checklist)(djy, )
April 12, 2016
PDF | More
ORDER directing as follows: (1) plfs' 277 MOTION for Attorney Fees and costs is set for final submission, without oral argument, on 8/12/2016; (2) plfs are to file a Brief and evidentiary materials by 7/15/2016, as further set out; (3) defs are to file their Response and any evidentiary materials by 8/5/2016, as further set out; (4) plfs may file a Reply Brief by 8/12/2016; (5) the discussion of the evidence in the briefs must be accompanied by a specific reference, by page and line, to where the evidence can be found, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 4/12/16. (djy, )
August 5, 2016
PDF | More
ORDER directing that the 294 MOTION is Granted as follows: (1) the court finds that plfs are "prevailling parties" under 42 USC 1988; (2) plfs, defs, and their counsel represent that the parties have negotiated a resolution for all claims for costs and attorneys' fees; (3) in accordance with the parties' negotiated resolution, plfs' 277 MOTION for Attorney Fees and Non-Taxable Expenses is GRANTED as follows: Defs are to pay $ 1,700,000 (one million seven hundred thousand and 00/100 dollars) to plaintiffs counsel, and such payment will satisfy all claims made by plaintiffs for attorneys fees and costs, taxable and non-taxable, in this matter; Payment shall be made within sixty (60) days of this order. Signed by Honorable Judge Myron H. Thompson on 8/5/16. (djy, )