West Alabama Women's Center et al v. Miller

Plaintiff: West Alabama Women's Center and William J. Parker
Defendant: Donald E. Williamson
Case Number: 2:2015cv00497
Filed: July 10, 2015
Court: Alabama Middle District Court
Office: Montgomery Office
County: Tuscaloosa
Referring Judge: Terry F. Moorer
Presiding Judge: Myron H. Thompson
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983 Civil Rights Act
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
November 22, 2016 122 Opinion or Order of the Court SECOND AMENDED PRELIMINARY-INJUNCTION ORDER: it is ORDERED that the 120 Amended Preliminary Injunction previously entered is further amended as follows: (1) The 53 motion for a preliminary injunction, filed by the plfs, West Alabama Women's Center, Willie J. Parker, M.D., Alabama Women's Center, and Yashica Robinson White, M.D., is granted; (2) The dfts, the Alabama State Health Officer, the Alabama Attorney General, and the district attorneys for Tuscaloosa and Madison Counties, a nd all those acting in concert with them are each preliminarily ENJOINED and RESTRAINED from enforcing the State of Alabama's fetal-demise law, 1975 Ala. Code 26-23G-1 et seq., against plfs West Alabama Women's Center, Willie J. Parker, M.D ., Alabama Women's Center, and Yashica Robinson White, M.D. until further order of the court; This injunction does not extend to the private civil-enforcement provisions of the fetal-demise law; (3) Dft, the Alabama State Health Officer, and all those acting in concert with him are each preliminarily ENJOINED and RESTRAINED from enforcing the State of Alabama's school-proximity law, 1975 Ala. Code 22-21-35, against plfs West Alabama Women's Center and Alabama Women's Center until further order of the court; (4) The bond requirement of FRCP 65(c) is waived. Signed by Honorable Judge Myron H. Thompson on 11/22/2016. (wcl, )
November 18, 2016 120 Opinion or Order of the Court AMENDED PRELIMINARY-INJUNCTION ORDER: it is ORDERED that the 116 preliminary injunction previously entered is amended as follows: (1) The 53 motion for a preliminary injunction, filed by the plfs, West Alabama Women's Center, Willie J. Parke r, M.D., Alabama Women's Center, and Yashica Robinson White, M.D., is granted; (2) The dfts, the Alabama State Health Officer, the Alabama Attorney General, and the district attorneys for Tuscaloosa and Madison Counties, and all those acting in concert with them are each preliminarily ENJOINED and RESTRAINED from enforcing the State of Alabama's fetal-demise law, 1975 Ala. Code 26-23G-1 et seq., until further order of the court. This injunction does not extend to the private civil-enfo rcement provisions of the fetal-demise law; (3) Dft, the Alabama State Health Officer, and all those acting in concert with him are each preliminarily ENJOINED and RESTRAINED from enforcing the State of Alabama's school-proximity law, 1975 Ala. Code 22-21-35; (4) The bond requirement of FRCP 65(c) is waived. Signed by Honorable Judge Myron H. Thompson on 11/18/2016. (wcl, )
July 13, 2016 67 Opinion or Order of the Court CONSENT TEMPORARY RESTRAINING ORDER AND SCHEDULING ORDER: it is ORDERED, by agreement of the parties, that the plfs' 53 motion for a temporary restraining order is granted to the extent that the dfts are enjoined from enforcing Alabama Act No. 2016-388 and Alabama Act No. 2016-397; This order shall remain effective until three weeks after the end of the hearing set forth below; ORDER Setting Hearing on Motion re 53 MOTION for Preliminary Injunction: Evidentiary Hearing and Oral Argument set for 10/4/2016, at 09:00 AM, in Courtroom 2FMJ, before Honorable Judge Myron H. Thompson; The dfts are to file a response to the motion, including an outline of the evidence they plan to present at the evidentiary hearing, by 8/30/2016; The plfs may file a reply by 9/20/2016. Either in their reply or as a separate document, the plfs should also, by 9/20/2016, file with the court an outline of the evidence they plan to present at the evidentiary hearing, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 7/13/2016. (furn: calendar, ag) (wcl, )
July 5, 2016 49 Opinion or Order of the Court OPINION AND ORDER: it is ORDERED as follows: (1) Plfs West Alabama Women's Center and William J. Parker's 32 motion to lift the stay and file a supplemental complaint is granted; (2) This case is reopened; (3) The stay previously entered (doc. no. 31 ) is dissolved; (4) The proposed first supplemental complaint (doc. no. 32 -1) may be filed. Signed by Honorable Judge Myron H. Thompson on 7/5/2016. (wcl, )
June 13, 2016 45 Opinion or Order of the Court OPINION AND ORDER: it is ORDERED that plfs' 41 motion to shorten the timeframe for response so that plfs may obtain emergency relief is granted and dft State Health Officer is to respond to plfs' 32 motion to lift the stay and supplement the complaint by 6/15/2016, at 5:00 PM. Signed by Honorable Judge Myron H. Thompson on 6/13/2016. (wcl, )
August 31, 2015 31 Opinion or Order of the Court STIPULATED ORDER: it is ORDERED, ADJUDGED, and DECREED that all proceedings in this case are stayed, as further set out in order; It is further ORDERED that the plaintiffs' motion for preliminary injunction (doc. no. 3 ) is denied with leave to renew and to be reinstated as of the time of its original filing. It is further ORDERED that the clerk of the court is to close this case administratively. Signed by Honorable Judge Myron H. Thompson on 8/31/2015. (kh, )
August 17, 2015 26 Opinion or Order of the Court ORDER: On 8/4/2015, this court entered an order temporarily enjoining enforcement of the requirements of Alabama Administrative Code § 420-5-1-.03(6)(b) against plaintiffs West Alabama Womens Center and William J. Parker, M.D. By its terms, that order will expire on 8/18/2015, at 2:00 p.m. Pursuant to the agreement of the parties during an on-the-record conference call held 8/14/2015, it is ORDERED that the 20 TRO shall remain in effect until 9/1/2015, at 2:00 PM. It is further ORDERED that the 20 TRO is amended to reflect the additional requirement stated in this court's 22 TRO Opinion that the plaintiffs shall continue to engage in good-faith efforts to comply with the regulation as long as the order remains in effect. It is further ORDERED that an on-the-record Telephone Conference is set for 8/26/2015 at 2:00 PM before Honorable Judge Myron H. Thompson, to determine whether the 20 TRO should be extended beyond 9/1/2015, or, instead, whether the court should hold a hearing on the 3 Motion for Preliminary Injunction. Signed by Honorable Judge Myron H. Thompson on 8/17/2015. Copies furnished to calendar group, AG. (dmn, )
August 13, 2015 22 Opinion or Order of the Court OPINION. Signed by Honorable Judge Myron H. Thompson on 8/13/2015. (kh, ) (Main Document 22 replaced on 8/13/2015) (kh, ).
August 4, 2015 20 Opinion or Order of the Court TEMPORARY RESTRAINING ORDER: it is ORDERED as follows: (1) Plaintiffs West Alabama Women's Center and William J. Parker, M.D.'s 3 motion for a temporary restraining order is granted. (2) Defendant State Health Officer Donald E. Williams on, M.D., and all those acting in concert with him, are TEMPORARILY ENJOINED from: (a) enforcing the requirements of Alabama Administrative Code § 420-5-1-.03(6)(b) against plaintiffs West Alabama Women's Center and William J. Parker, M.D.; and (b) failing to notify immediately all state officials responsible for enforcing the requirements of Alabama Administrative Code § 420-5-1-.03(6)(b) about the existence and requirements of this temporary restraining order. (3) This injunction shall expire on August 18, 2015, at 2:00 p.m. The court will issue its formal opinion explaining this decision within three days. Signed by Honorable Judge Myron H. Thompson on 8/4/2015. (kh, )

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Plaintiff: West Alabama Women's Center
Represented By: Andrew David Beck(Designation Retained)
Represented By: Alexa Kolbi-Molinas(Designation Retained)
Represented By: Jennifer Lee(Designation Retained)
Represented By: Randall C Marshall(Designation Retained)
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Plaintiff: William J. Parker
Represented By: Andrew David Beck(Designation Retained)
Represented By: Alexa Kolbi-Molinas(Designation Retained)
Represented By: Jennifer Lee(Designation Retained)
Represented By: Randall C Marshall(Designation Retained)
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Defendant: Donald E. Williamson
Represented By: Bethany Lynn Bolger
Represented By: Carol Robin Gerard(Designation Retained)
Represented By: Phillip Brian Hale(Designation Retained)
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