Planned Parenthood of the Heartland v. Heineman et al
| Planned Parenthood of the Heartland |
| Brenda Bergman-Evans, Jon Bruning, Dave Heineman, Crystal Higgins, Dr. Joann Schaefer and Kerry Winterer |
| 4:2010cv03122 |
| June 28, 2010 |
| U.S. District Court for the District of Nebraska |
| 4 Lincoln Office |
| Laurie Smith Camp |
| F. A. Gossett |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 Declaratory Judgement |
| None |
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Filing
106
MEMORANDUM AND ORDER ON ATTORNEY'S FEES AND COSTS granting filing 90 , Plaintiff's Motion for Attorney Fees. Plaintiffs are awarded attorneys' fees as the prevailing party in the litigation of the merits of this case in the total amo unt of $125,913.82, divided between counsel for the Plaintiffs as follows: a. $114,332.62 to Planned Parenthood Federation of America; b. $4,860.00 to the law firm of Baylor, Evnen, Curtiss, Grimit & Witt, LLP; and c. $6,721.20 t o the American Civil Liberties Union Foundation - New York. 2. Plaintiffs are awarded non-taxable expenses in the total amount of $3,036.39 to Planned Parenthood Federation of America, and $409.00 to the law firm of Baylor, Evnen, Curtiss, Grimit & Witt, LLP. Plaintiffs are awarded attorneys' fees in the amount of $6,868.75 to Planned Parenthood Federation of America representing the fees incurred in preparing its fee application. Ordered by Judge Laurie Smith Camp. (GJG)
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Filing
93
ORDER - The Motion for Leave to Intervene (Filing No. 70 ) filed by Nebraskans United for Life d/b/a NuLife Pregnancy Resource Center is denied. The Motion for Leave to Intervene (Filing No. 73 ) is denied as moot. Ordered by Judge Laurie Smith Camp. (GJG)
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Filing
82
ORDER granting 80 Motion to Extend; Plaintiffs time for filing an application for attorneys fees and expense is extended to November 5, 2010. Ordered by Judge Laurie Smith Camp. (ADB, )
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Filing
81
ORDER - Plaintiff's Motion to Stay Briefing (Filing No. 78 ) is granted. Plaintiffs must respond to the Motion for Reconsideration (Filing No. 73 ) filed by non-party Nebraskans United for Life, d/b/a NuLife Pregnancy ResourceCenter ("NuL ife") within twenty (20) days following a Order of this Court, if any, granting NuLife's Motion to Intervene (Filing No. 70 ). Plaintiff's Motion to Extend Time to Respond to NuLife's Motion to Intervene (Filing No. 70 ) is gra nted as follows: a. Plaintiffs' must respond to NuLife's Motion to intervene (Filing No. 70 ) on or before October 18, 2010; b. To the extent this Court has jurisdiction over NuLife, NuLife must submit its Reply on or before November 4, 2010. Ordered by Judge Laurie Smith Camp. (GJG)
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Filing
64
ORDER AND FINAL JUDGMENT regarding STIPULATION 62 . The Court concludes that the Stipulation should be approved, and judgment should be entered in favor of Plaintiffs Planned Parenthood of the Heartland and Dr. Jill L. Meadows, and against Defendant s Dave Heineman, Jon Bruning, Kerry Winterer, Dr. Joann Schaefer, Crystal Higgins, and Brenda Bergman-Evans in their official capacities. IT IS ORDERED: 1. For the reasons set forth in the Court's Preliminary Injunction Order of July 14, 2010 ( Filing No. 53 ), the Court declares that Legislative Bill 594, 101st Leg. Sess. (Neb. 2010) is unconstitutional, except as to the following sections: a. Sections 2 and 12 of Legislative Bill 594, 101st Leg. Reg. Sess. (Neb.2010), to be codified with in Neb. Rev. Stat. §§ 28-325 and 28-327.01; b. Section 17 providing for severability of sections; and c. Section 18, to the extent that it authorizes the repeal of original §§ 28-325 and 28-317.01; 2. The Defendants are permanentl y enjoined from taking any action to enforce the remaining sections of Legislative Bill 594, 101st Leg. Sess. (Neb. 2010), specifically amendments to Neb. Rev. Stat. §§ 28-101, 28-326, 28-327, 28-327.03, 28-327.04, 28-340, 38-2021; and 3. Plaintiffs' time for filing an application for attorneys' fees and expenses is extended to October 8, 2010. Ordered by Judge Laurie Smith Camp. (JAB)
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Filing
60
ORDER - Motion for Leave to Intervene (Filing No. 55 ) filed by Nebraskans United for Life d/b/a NuLife Pregnancy Resource Center is denied. Ordered by Judge Laurie Smith Camp. (GJG)
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Filing
53
MEMORANDUM AND ORDER - Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction (Filing No. 2 ) is denied in part, as follows: With respect to Sections 2 and 12 of Legislative Bill 594, 101st Leg. Reg. Sess. (Neb. 2010), to be codified within Neb. Rev. Stat. §§ 28-325 and 8-327.01; With respect to Section 17 providing for severability of sections; and With respect to Section 18, to the extent that it authorizes the repeal of original §§ 28-325 an d 28-317.01; 2. The Motion is otherwise granted, as follows: The Defendants are restrained from taking any action to enforce the remaining sections of Legislative Bill 594, 101st Leg. Sess. (Neb. 2010), specifically amendments to Neb. Rev. Stat. 7;§ 28-101, 28-326, 28-327, 28-327.03, 28-327.04, 28-340, 38-2021, pending further ruling by this Court on the merits of the Plaintiffs' claim for declaratory judgment and permanent injunctive relief; 3. Defendants will respond to the Plain tiffs' Amended Complaint on or before July 26, 2010; 4. The Defendants' Objection (Filing No. 37 ) to the Plaintiff's Index of Evidence is denied, without prejudice to reassertion of objections at the hearing on the merits of the Plai ntiffs' claim for declaratory and permanent injunctive relief; 28-327.01; 5. Counsel for the parties will confer with each other and the Court's courtroom deputy, Ed Champion (402.661.7377) to schedule the hearing on the merits; and 6. The Motion for Leave to File Amici Curiae (Filing No. 41 ) by Movants Coalition on Abortion and Breast Cancer, Creighton Students for Life, and Eagle Forum Education & Legal Defense Fund, is denied. Ordered by Judge Laurie Smith Camp. (GJG)
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Filing
48
ORDER granting 45 the Plaintiff's Motion to Amend Complaint; the Plaintiff is instructed to file its First Amended Complaint, attached as Exhibit A to its motion, as a separate docket entry; and the Clerk will note the change in the case caption, accordingly. Ordered by Judge Laurie Smith Camp. (JB)
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