June Medical Services LLC et al v. Caldwell et al
Plaintiff: Bossier City Medical Suite, Choice Inc. of Texas, John Doe 1, John Doe 2 and June Medical Services LLC
Defendant: James David Caldwell, Mark Henry Dawson, Jimmy Guidry and Kathy Kliebert
Case Number: 3:2014cv00525
Filed: August 22, 2014
Court: US District Court for the Middle District of Louisiana
Office: Baton Rouge Office
Presiding Judge: John W. deGravelles
Presiding Judge: Richard L. Bourgeois
Nature of Suit: Civil Rights: Other
Cause of Action: 28:1983 Civil Rights
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
April 26, 2017 Opinion or Order Filing 274 FINDING OF FACTS AND CONCLUSION OF LAW: 1. The active admitting privileges requirement of La. R.S. § 40:1299.35.2 (Act 620) is DECLARED unconstitutional as a violation of the Fourteenth Amendment to the United States Constitution; 2. A PERMANE NT INJUNCTION is ENTERED barring enforcement of La. R.S. §40:1299.35.2 (Act 620); 3. Any implementing regulations of Act 620, including La. Admin. Code tit. 48, pt. I,§4423(B)(3)(e) and La. Admin. Code tit. 48, pt. I, 4401 (definition of a ctive admitting privileges), are, for the foregoing reasons, likewise DECLARED UNCONSTITUTIONAL and PERMANENTLY ENJOINED. 4. Judgment shall be entered in favor of the Plaintiffs and against the Defendant by separate document in conformity with Rule 58. Signed by Judge John W. deGravelles on 4/26/2017. (LLH)
February 16, 2016 Opinion or Order Filing 234 ORDER denying 229 Defendants Motion for Stay Pending Appeal, for Expedited Consideration, and forTemporary Stay. Signed by Judge John W. deGravelles on 02/16/2016. (KDC)
January 26, 2016 Opinion or Order Filing 216 FINDINGS OF FACT AND CONCLUSIONS OF LAW: Defendant's 144 Motion to Reconsider Rulings on Summary Judgment and Motion in Limine, is DENIED. The active admitting privileges requirement of LA. R.S. § 40:1299.35.2 is declaredunconstitutional as violating the substantive due process rights of Louisiana women seeking abortions. Plaintiff' s Motion for Preliminary Injunction is GRANTED to the extent that any enforcement of LA. R.S. § 40:1299.35.2 is preliminarily enjoined as to th e Plaintiffs: specifically, Doctor John Doe 1, Doctor John Doe 2, June Medical Services, LLC, d/b/a Hope Medical Group for Women; Bossier City Medical Suite; and Choice, Inc. of Texas, d/b/a Causeway Medical Clinic. This injunction will remain in eff ect until further noticefrom this Court. Because there are applications for active admitting privileges which technically remain "pending," the Court orders Plaintiffs to provide to the Court and Defendant on a monthly basis beginning March 1, 2016, with a notification of any changes in the status of the applications. Should the applications status change, the Parties are free to seek any other relief that they may deem appropriate. A status conference will be held on January 29, 2016, at 11:30 a.m., so as to consider, among other matters, what other proceedings must still take place and whether this Court should convert the preliminary injunction issued by this Ruling to a permanent one. Signed by Judge John W. deGravelles on 01/26/2016. (NLT)
May 12, 2015 Opinion or Order Filing 138 RULING AND ORDER granting in part and denying in part 87 Motion for Partial Summary Judgment. The Court finds as a matter of law that Act 620 is rationally related to a legitimate State interest; and therefore, Defendant's Motion for Partial Summary Judgment to eliminate Plaintiffs' claim of Act 620's medical unreasonableness as it pertains to Act 620's rational basis review is GRANTED. Defendant's Motion for Partial Summary Judgment is in all other respects DENIED. Signed by Judge John W. deGravelles on 5/12/2015. (LLH)
January 15, 2015 Opinion or Order Filing 84 SECOND ORDER CLARIFYING TEMPORARY RESTRAINING ORDER OF 8/31/2014 : The 31 TRO of 8/31/2014 remains in force until the Preliminary Injunction hearing of 3/30/2015 or as otherwise modified by this Court. Signed by Judge John W. deGravelles on 1/15/2015. (LLH)
August 31, 2014 Opinion or Order Filing 31 ORDER granting 5 Motion for Temporary Restraining Order to the extent that any enforcement of § A(2)(a) of Act 620, amending La. R.S. 40:1299.35.2, is enjoined until a hearing is held for the purpose of determining whether a preliminary injun ction should issue. Plaintiffs will continue to seek admitting privileges. The Act will be allowed to take effect but Plaintiffs will not be subject to the penalties and sanctions allowed in the statute at this time or in the future for practicing w ithout the relevant admitting privileges during the applications process. Plaintiffs will be allowed to operate lawfully while continuing their efforts to obtain privileges. Plaintiffs Application for a Preliminary Injunction will remain pending. A ll parties indicated at the TRO Hearing that, if a TRO was granted, additional time was needed to conduct discovery and prepare for the hearing on the preliminary injunction. Thus, in accordance with Fed. R. Civ. P. 65(b)(2), a status conference will be set no later than 30 days hence for the purpose of receiving a status report regarding the pending applications for admitting privileges, determining the amount of time needed by the parties to prepare for the hearing on the preliminary injunctio n, setting a date for the preliminary injunction hearing, discussing the scope of the issues and nature of the proof which will be presented and discussing all additional issues which the parties and the Court deem relevant. The Court understands tha t the events in this case are fluid. Should circumstances change, the parties are free to seek any other relief as they may deem appropriate. Given the nature of the relief sought and because there is no risk of monetary loss to the defendant by virt ue of the granting of this injunction, it is unnecessary for Plaintiffs to post a bond in this matter...IT IS FURTHER ORDERED that 16 Motion to Dismiss Louisiana State Health Officer and Medical Director, Dr. Jimmy Guidry, is granted and Dr. Jim my Guidry is hereby DISMISSED..IT IS FURTHER ORDERED that the Motion to Dismiss filed by Defendant Attorney General James David Caldwell is hereby GRANTED and Louisiana State Health Officer and Medical Director, Dr. Jimmy Guidry, is hereby DISMISSED... Signed by Judge John W. deGravelles on 08/31/14. (KDC) Modified on 8/31/2014 (KDC).
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Louisiana Middle District Court's Electronic Court Filings (ECF) System

Search for this case: June Medical Services LLC et al v. Caldwell et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Bossier City Medical Suite
Represented By: Dimitra Doufekias
Represented By: Ilene Jaroslaw
Represented By: William E. Rittenberg
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Choice Inc. of Texas
Represented By: Dimitra Doufekias
Represented By: Ilene Jaroslaw
Represented By: William E. Rittenberg
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: John Doe 1
Represented By: Dimitra Doufekias
Represented By: Ilene Jaroslaw
Represented By: William E. Rittenberg
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: John Doe 2
Represented By: Dimitra Doufekias
Represented By: Ilene Jaroslaw
Represented By: William E. Rittenberg
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: June Medical Services LLC
Represented By: Dimitra Doufekias
Represented By: Ilene Jaroslaw
Represented By: William E. Rittenberg
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: James David Caldwell
Represented By: Emily Andrews
Represented By: Angelique Duhon Freel
Represented By: Jessica Marie Field Thornhill
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Mark Henry Dawson
Represented By: Philip O. Bergeron
Represented By: Don S. McKinney
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Jimmy Guidry
Represented By: S. Kyle Duncan
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Kathy Kliebert
Represented By: S. Kyle Duncan
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?