June Medical Services LLC et al v. Caldwell et al
| Bossier City Medical Suite, Choice Inc. of Texas, John Doe 1, John Doe 2 and June Medical Services LLC |
| James David Caldwell, Mark Henry Dawson, Jimmy Guidry and Kathy Kliebert |
| 3:2014cv00525 |
| August 22, 2014 |
| U.S. District Court for the Middle District of Louisiana |
| Baton Rouge Office |
| John W. deGravelles |
| Richard L. Bourgeois |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
505
RULING AND ORDER granting 501 Motion to Vacate 501 Renewed Emergency Rule 60(b) Motion to Vacate Permanent Injunction (doc. 274, 275) as set forth in document. Signed by Judge John W. deGravelles on 11/14/2022. (JEG)
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Filing
493
ORDER denying 490 MOTION for Reconsideration of 487 Emergency MOTION to Vacate 275 Judgment filed by Courtney N. Phillips. Signed by Judge John W. deGravelles on 7/5/2022. (JEG)
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Filing
484
ORDER granted in part and denied in part 347 MOTION to Clarify Protective Order Obligations, or, Alternatively, to Preserve Documents. The parties shall bear their own costs. The Protective Order (R. Doc. 59) is MODIFIED as discussed in the bod y of this Order. In accordance with Paragraph 14 as modified, Defendant must return all (1) confidential documents, (2) produced by Plaintiffs or third parties (3) to Defendant during the course of this litigation that (4) have not been made part of the Courts record (whether sealed or unsealed), with the exception of documents produced by, or pertaining to, Bossier, Causeway, and Mr. Gross, including discovery responses and deposition transcripts. Defendant must maintain documents produced by, or pertaining to, Bossier, Causeway, and Mr. Gross in accordance with the confidentiality provisions of the Protective Order. If Defendant (or the appropriate Louisiana State entity or official) wishes to use any of these documents in June II or any subsequent action pertaining to abortion clinics, then Defendant must make an appropriate motion with the appropriate judicial officer in the pending action in which Defendant is seeking to use the information or documents. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 5/10/2022. (EDC)
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Filing
469
ORDER denying as moot 459 Motion to Hold Review/Implementation of Order ECF No. 445 as to the Disputed Documents Pending Appeal. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 1/11/2022. (LLH)
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Filing
445
ORDER granting 436 Motion File Proposed Redactions Pursuant to the Magistrate Judge's Order (ECF No. 397) as written. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 5/13/2021. (SWE)
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Filing
397
ORDER granting 349 Motion to Intervene. The 344 Motion to Maintain Documents Under Seal is granted in part and denied in part as stated herein. For R. Docs. 168-4 through 168-11, 197-1 through 197-32, 203-1 through 203-18, 205, 205-1 through 205-9, 237, and 237-1 through 237-158, to the extent necessary, Plaintiff's shall submit proposed redactions to Defendant within twenty-one (21) days of the date of this order. Following an opportunity to review Plaintiffs' proposed redacti ons, Plaintiffs and Defendant shall then meet and confer within 14 days of Defendant's receipt of such redactions in an effort to resolve any disagreements. Should any disagreements remain after the meet and confer, Plaintiff shall have fourteen (14) days from the date of the meet and confer to file a motion, which motion shall contain a detailed certification regarding the attempts to resolve any outstanding disagreements prior to court intervention and set forth any agreements as to redac ted documents that may be filed. FURTHER, the following documents are also to be unsealed. Due to the nature of this dispute, however, and because certain documents pertain to sealed filings and order by the district judge, the Court will give the pa rties time to advance any applicable objections before these documents are made public. Accordingly, the following documents will be unsealed 14 days following the docketing of this Order to the extent no objections are raised. The Clerk of Court is advised that a subsequent order will be issued prior to such unsealing. Any objections made to this portion of the order shall specifically identify those records that (1) are being challenged and (2) are not being challenged so that the non-objected to records may be appropriately unsealed at that time: R. Docs. 93, 93-1, 94, 94-1 through 94-25, 102, 104, 104-1 through 104-24, 168, 168-1, 170, 170-1, 180, 197, 198, 198-1, 200, 203, 257, 257-1, 262, 351, 351-1, 351-2, 366, 366-1, 379, 380, 380-1 through 380-3, 387, 387-1, 387-2, 388, 389, and 390. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 01/28/2021. (NLT)
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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)
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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)
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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)
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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)
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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)
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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).
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