State of New York et al v. United States Department of Health and Human Services et al Featured Case

A federal lawsuit filed by several states challenging the "conscience" rule, which allows health care providers, insurers and employers to refuse to pay or provide health care services based on "conscience".

Plaintiff: STATE OF NEVADA, STATE OF MARYLAND, STATE OF CONNECTICUT, STATE OF NEW MEXICO, STATE OF VERMONT, STATE OF OREGON, COMMONWEALTH OF VIRGINIA, STATE OF COLORADO, STATE OF ILLINOIS, STATE OF NEW YORK, COMMONWEALTH OF PENNSYLVANIA, STATE OF MICHIGAN, COMMONWEALTH OF MASSACHUSETTS, CITY OF CHICAGO, STATE OF WISCONSIN, STATE OF MINNESOTA, DISTRICT OF COLUMBIA, CITY OF NEW YORK, COOK COUNTY, ILLINOIS, STATE OF RHODE ISLAND, STATE OF DELAWARE, STATE OF HAWAI'I, STATE OF NEW JERSEY and State of Hawaii
Defendant: UNITED STATES OF AMERICA, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES and ALEX M. AZAR II
Consolidated Plaintiff: Public Health Solutions, Inc., Planned Parenthood of Northern New England, Inc., Planned Parenthood Federation of America, Inc. and National Family Planning and Reproductive Health Association
Amicus Curiae: Institute for Policy Integrity, the American College of Obstetricians and Gynecologists, the American College of Osteopathic Obstetricians and Gynecologists, the American Academy of Pediatrics, the National Association of Nurse Practitioners in Womens Health, the American College of Emergency Physicians, the Society for Maternal-Fetal Medicine, the American Muslim Health Professionals, the North American Society for Pediatric and Adolescent Gynecology, The American Medical Association, the American College of Nurse-Midwives and , the American Society for Reproductive Medicine
Intervenor Defendant: Dr. Regina Renee Frost and Christian Medical and Dental Associations
Consolidated Defendant: Roger Severino, Office for Civil Rights and Office for Civil Rights of the U.S. Department of Health and Human Services
Case Number: 1:2019cv04676
Filed: May 21, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Paul A Engelmayer
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. § 702
Jury Demanded By: None
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Docket Report

This docket was last retrieved on November 6, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 19, 2019 Opinion or Order Filing 131 ORDER granting (130) Motion to Authorize in case 1:19-cv-04676-PAE. Defendants' motion for entry of order is GRANTED. Defendants are authorized to release the information described in Defendants' motion that may be covered by the Privacy Act, 5 U.S.C. 552a, without obtaining the prior written consent of the individuals to whom such records or information pertain. IT IS SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/19/2019) Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE (rro)
July 19, 2019 Filing 130 MOTION to Authorize Release of Information in the Administrative Record . Document filed by Alex M. Azar II, Office for Civil Rights, Office for Civil Rights of the U.S. Department of Health and Human Services, Roger Severino, United States Department of Health and Human Services, United States of America. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Humphreys, Bradley)
July 19, 2019 Opinion or Order Filing 129 ORDER FOR ADMISSION PRO HAC VICE granting #128 Motion for Elleanor H. Chin to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 7/19/2019) (ne)
July 18, 2019 Filing 128 MOTION for Elleanor H. Chin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Oregon. (Attachments: #1 Affidavit Affidavit of Elleanor Chin in support of Motion to Appear Pro Hac Vice, #2 Certificate of Good Standing from Oregon Supreme Court, #3 Proposed Order for Admission Pro Hac Vice)(Chin, Elleanor)
July 18, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #128 MOTION for Elleanor H. Chin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
July 16, 2019 Minute Entry for proceedings held before Judge Paul A. Engelmayer: Initial Pretrial Conference held on 7/16/2019. Matthew Colangelo, Diana Salgado & Alexa Kolbi-Molinas present for Plaintiffs. Benjamin Takemoto present for Defendants. Court reporter present. (ajs)
July 16, 2019 Filing 127 REPLY MEMORANDUM OF LAW in Support re: #64 MOTION to Intervene . . Document filed by Christian Medical and Dental Associations, Regina Renee Frost. (Ho, Allyson)
July 16, 2019 Filing 126 AFFIDAVIT OF SERVICE. All Defendants. Service was made by Mail. Document filed by State of New York. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5)(Meyer, Amanda)
July 16, 2019 Opinion or Order Filing 125 ORDER ADMITTING PRO HAC VICE granting #119 Motion for Jonathan T. Burke to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hae Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorney appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/15/2019) (kv)
July 16, 2019 Opinion or Order Filing 124 ORDER FOR ADMISSION PROHACVICE on re: (118 in 1:19-cv-04676-PAE, 51 in 1:19-cv-05433-PAE, 55 in 1:19-cv-05435-PAE) MOTION for Jason H. Hilborn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-17236645. Motion and supporting papers to be reviewed by Clerk's Office staff. filed by Regina Renee Frost, Christian Medical and Dental Associations. The motion of Jason H. Hilborn, for admission to practice Pro Hae Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hae Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/18/2019) (kv)
July 16, 2019 Opinion or Order Filing 123 ORDER FOR ADMISSION PRO HAC VICE granting (118) Motion for Robert E. Dunn to Appear Pro Hac Vice in case 1:19-cv-04676-PAE; granting (51) Motion for Robert E. Dunn to Appear Pro Hac Vice in case 1:19-cv-05433-PAE; granting (55) Motion for Robert E. Dunn to Appear Pro Hac Vice in case 1:19-cv-05435-PAE. (Signed by Judge Paul A. Engelmayer on 7/15/2019) Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE (mro)
July 16, 2019 Opinion or Order Filing 122 ORDER FOR ADMISSION PRO HAC VICE granting #120 Motion for Jessica Megan Scheller to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 7/15/2019(as per Chambers)) (mro) Modified on 7/17/2019 (mro).
July 16, 2019 Opinion or Order Filing 121 ORDER terminating (88) Letter Motion for Leave to File Document in case 1:19-cv-04676-PAE. The Court accordingly sets the following schedule: July 22, 2019: Defendants produce the administrative record ("A.R.") to plaintiffs and file a certified list of the contents of the A.R. with the Court. August 14, 2019: Defendants file their motion for summary judgment and their opposition to plaintiffs' motions for a preliminary injunction. Defendants are to file a single brief addressing these subjects. August 21, 2019: Amicus briefs supporting defendants are to be filed. September 5, 2019: Plaintiffs file their oppositions to defendants' summary judgment motion, their cross-motions for summary judgment, and their replies in support of their motions for a preliminary injunction. Plaintiffs are to file single briefs addressing these subjects. September 12, 2019: Amicus briefs supporting plaintiffs are to be filed. September 19, 2019: Defendants file their reply in support of the motion for summary judgment and their opposition to plaintiffs' motions for summary judgment. Defendants are to file a single brief addressing these subjects. October 3, 2019: Plaintiffs file their reply briefs in support of their motions for summary judgment. October 18, 2019: Oral argument will be held, beginning at 9:30 a.m., at the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, N.Y. 10007. The courtroom at which argument will be held is to be determined. As to the mechanics of briefing, although the Court expects that the plaintiffs will coordinate amongst themselves to avoid unnecessary duplication of briefing, the Court does not direct that plaintiffs file a single consolidated brief but will allow two separate briefs, one each from the government plaintiffs (19 Civ. 4676) and the provider plaintiffs (19 Civ. 5433 and 19 Civ. 5435). The Court sets the following page limits for each party's submissions. Defendants' opening brief (due August 14) is limited to 80 pages. Plaintiffs' briefs (due September 5) are limited to 50 pages each. Defendants' brief (due September 19) is limited to 50 pages. Plaintiffs' reply briefs (due October 3) are limited to 30 pages each. All amicus briefs are limited to 25 pages. The Court is conscious that there is a pending motion to intervene in this case, see Dkts. 64, 109, that will become fully briefed today. The Court will address the proposed intervenor's participation in the schedule, if necessary, upon resolution of that motion. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/16/2019) Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE (anc) Modified on 7/17/2019 (anc).
July 16, 2019 Set/Reset Deadlines: Cross Motions due by 9/5/2019. Motions due by 8/14/2019. Responses due by 9/19/2019. Replies due by 10/3/2019. Set/Reset Hearings: Oral Argument set for 10/18/2019 at 09:30 AM before Judge Paul A. Engelmayer. Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE(anc)
July 15, 2019 Filing 120 MOTION for Jessica Megan Scheller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17245192. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cook County, Illinois. (Attachments: #1 Affidavit, #2 Supplement, #3 Text of Proposed Order)(Scheller, Jessica)
July 15, 2019 Filing 119 MOTION for Jonathan T. Burke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17243829. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Commonwealth of Massachusetts. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Exhibit)(Burke, Jonathan)
July 15, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #119 MOTION for Jonathan T. Burke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17243829. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
July 15, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #120 MOTION for Jessica Megan Scheller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17245192. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
July 12, 2019 Filing 118 MOTION for Jason H. Hilborn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-17236645. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christian Medical and Dental Associations, Regina Renee Frost. (Attachments: #1 Affidavit Declaration in Support of Motion for Admission Pro Hac Vice, #2 Exhibit NY Certificate of Good Standing, #3 Exhibit FL Certificate of Good Standing, #4 Exhibit DC Certificate of Good Standing, #5 Text of Proposed Order)Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE(Hilborn, Jason)
July 12, 2019 Filing 117 MOTION for Robert E. Dunn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-17236369. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christian Medical and Dental Associations, Regina Renee Frost. (Attachments: #1 Affidavit Declaration in Support of Motion for Admission Pro Hac Vice, #2 Exhibit CA Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE(Dunn, Robert)
July 12, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (50 in 1:19-cv-05433-PAE, 117 in 1:19-cv-04676-PAE, 54 in 1:19-cv-05435-PAE) MOTION for Robert E. Dunn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-17236369. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE(jc)
July 12, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (118 in 1:19-cv-04676-PAE, 55 in 1:19-cv-05435-PAE, 51 in 1:19-cv-05433-PAE) MOTION for Jason H. Hilborn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-17236645. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE(jc)
July 11, 2019 Opinion or Order Filing 116 ORDER granting (114) Letter Motion for Conference in case 1:19-cv-04676-PAE: Granted. The Governmental Plaintiffs are directed to provide the Court, via email, with a conference number and a list of auditing participants by 12:00 p.m. tomorrow. The auditing participants should be on the line 5 minutes in advance of the conference time, at 1:55 p.m. (Signed by Judge Paul A. Engelmayer on 7/11/2019) Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE (jwh)
July 11, 2019 Opinion or Order Filing 115 ORDER FOR ADMISSION PRO HAC VICE granting #113 Motion for Jeffrey Paul Dunlap to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 7/11/2019) (jwh)
July 11, 2019 Filing 114 LETTER MOTION for Conference request for telephonic access addressed to Judge Paul A. Engelmayer from Amanda Meyer dated July 11, 2019. Document filed by State of New York.(Meyer, Amanda)
July 11, 2019 Filing 113 MOTION for Jeffrey Paul Dunlap to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17227466. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Maryland. (Attachments: #1 Affidavit Affidavit, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order Proposed Order)(Dunlap, Jeffrey)
July 11, 2019 Opinion or Order Filing 112 ORDER: The Court has received the parties' joint letter outlining potential briefing and argument schedules and raising the question whether the motion to be litigated is properly one for a preliminary injunction or for summary judgment based on the administrative record. The Court thanks counsel for a thoughtful and informative letter. The Court's judgment is that it would benefit, in deciding on the proper course, from a conference with counsel. The Court accordingly will utilize the conference scheduled for tomorrow, July 12, 2019, at 2:00 p.m., for that purpose. For avoidance of doubt, the Court will not use tomorrow's conference to take up merits issues. The Court does expect, however, that counsel come prepared knowledgably to discuss the nature of the issues to be litigated; the scale and nature of the administrative record; the relationship and interplay between this case and apparently parallel litigation in the Northern District of California; whether there is logic to litigating contemporaneously a motion for a preliminary injunction alongside a motion for summary judgment; and the arguments for and against various proposed schedules. The Court expects to resolve these questions at or shortly following tomorrow's hearing. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/11/2019) Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE(rj)
July 11, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #113 MOTION for Jeffrey Paul Dunlap to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17227466. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
July 10, 2019 Filing 111 NOTICE OF APPEARANCE by Lisa M. Landau on behalf of State of New York. (Landau, Lisa)
July 10, 2019 Filing 110 JOINT LETTER addressed to Judge Paul A. Engelmayer from Matthew Colangelo dated July 10, 2019 re: scheduling, submitted on behalf of all parties with permission. Document filed by State of New York.(Colangelo, Matthew)
July 9, 2019 Filing 109 MEMORANDUM OF LAW in Opposition re: #64 MOTION to Intervene . . Document filed by State of New York. (Meyer, Amanda)
July 9, 2019 Filing 108 NOTICE OF APPEARANCE by Hana Bajramovic on behalf of Planned Parenthood Federation of America, Inc., Planned Parenthood of Northern New England, Inc.. Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE(Bajramovic, Hana)
July 9, 2019 Filing 107 NOTICE OF APPEARANCE by Heidi Parry Stern on behalf of State of Nevada. (Stern, Heidi)
July 9, 2019 Filing 106 NOTICE OF APPEARANCE by Michelle Iris Banker on behalf of Planned Parenthood Federation of America, Inc., Planned Parenthood of Northern New England, Inc.. (Banker, Michelle)
July 8, 2019 Filing 105 NOTICE OF APPEARANCE by Benjamin Thomas Takemoto on behalf of Alex M. Azar II, Office for Civil Rights, Office for Civil Rights of the U.S. Department of Health and Human Services, Roger Severino, United States Department of Health and Human Services, United States of America, Alex M. Azar II, Office for Civil Rights, Roger Severino, Alex M. Azar, II, Roger Severino, U.S. Department of Health and Human Services. Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE(Takemoto, Benjamin)
July 8, 2019 Filing 104 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Elleanor H. Chin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17203033. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Oregon. (Attachments: #1 Affidavit Affidavit of Elleanor ISO Motion for Admission to Appear PHV, #2 Certificate of Good Standing, #3 Text of Proposed Order Order for Admission PHV)(Chin, Elleanor) Modified on 7/8/2019 (wb).
July 8, 2019 Opinion or Order Filing 103 ORDER FOR ADMISSION PRO HAC VICE: granting (100) Motion for Kurt G. Calia to Appear Pro Hac Vice in case 1:19-cv-04676-PAE. (Signed by Judge Paul A. Engelmayer on 7/08/2019) Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE (ama)
July 8, 2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #104 MOTION for Elleanor H. Chin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17203033. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Oregon;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
July 3, 2019 Filing 102 NOTICE OF APPEARANCE by Rebecca Kopplin on behalf of Alex M. Azar II, Office for Civil Rights, Office for Civil Rights of the U.S. Department of Health and Human Services, Roger Severino, United States Department of Health and Human Services, United States of America. (Kopplin, Rebecca)
July 3, 2019 Opinion or Order Filing 101 ORDER FOR ADMISSION PRO HAC VICE: granting #99 Motion for Adam Grogg to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 7/03/2019) (ama)
July 3, 2019 Filing 100 MOTION for Kurt G. Calia to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17189224. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Planned Parenthood Federation of America, Inc., Planned Parenthood of Northern New England, Inc.. (Attachments: #1 Affidavit of Kurt G. Calia, #2 Text of Proposed Order, #3 CA Certificate of Good Standing, #4 DC Certificate of Good Standing)(Calia, Kurt)
July 3, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #100 MOTION for Kurt G. Calia to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17189224. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
July 3, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #99 MOTION for Adam Grogg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17183248. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
July 2, 2019 Filing 99 MOTION for Adam Grogg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17183248. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Planned Parenthood Federation of America, Inc., Planned Parenthood of Northern New England, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Exhibit NY certificate of good standing, #4 Exhibit DC certificate of good standing)(Grogg, Adam)
July 2, 2019 Opinion or Order Filing 98 ORDER FOR ADMISSION PRO HAC VICE granting #96 Motion for Prathima Yeddanapudi to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 7/2/2019) (ks)
July 2, 2019 Opinion or Order Filing 97 ORDER FOR ADMISSION PRO HAC VICE granting #93 Motion for Daniel H. Blomberg to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 7/2/2019) (ks)
July 2, 2019 Filing 96 MOTION for Prathima Yeddanapudi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17181250. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cook County, Illinois. (Attachments: #1 Affidavit Affidavit of compliance, #2 Supplement Letter of Good Standing, #3 Text of Proposed Order Proposed Order)(Yeddanapudi, Prathima)
July 2, 2019 Opinion or Order Filing 95 ORDER. The Court yesterday adjourned the briefing schedule it had set for preliminary injunction motions in light of the parties' consent to an Order postponing the effective date of HHS's Final Rule until November 22, 2019. Dkt. 90. The Court will soon receive the parties' input as to the nature of the motions that will henceforth be made and the schedule for briefing them. In light of this development, the Court adjourns the deadlines it had set for submission of amicus briefs, which deadlines had been tied to the preliminary injunction schedule. The Court expects that the schedule the parties will propose will include dates for the submission of amicus briefs. For avoidance of doubt, to the extent that an amicus has submitted a brief in this case, such filing will not preclude that amicus from filing a new (superseding) brief on the schedule to be set. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/2/2019) Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE. (rjm)
July 2, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #96 MOTION for Prathima Yeddanapudi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17181250. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
July 1, 2019 Opinion or Order Filing 94 ORDER FOR ADMISSION PRO HAC VICE granting #92 Motion for Nicholas R. Reaves to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hae Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/1/2019) (kv)
July 1, 2019 Filing 93 MOTION for Daniel H. Blomberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17174797. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christian Medical and Dental Associations, Regina Renee Frost. (Attachments: #1 Affidavit In Support of Motion, #2 Text of Proposed Order, #3 Exhibit DC Cert of Good Standing, #4 Exhibit KS Cert of Good Standing, #5 Exhibit SC Cert of Good Standing)(Blomberg, Daniel)
July 1, 2019 Filing 92 MOTION for Nicholas R. Reaves to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17172335. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christian Medical and Dental Associations, Regina Renee Frost. (Attachments: #1 Affidavit In Support of Motion, #2 Text of Proposed Order, #3 Exhibit DC Cert of Good Standing, #4 Exhibit MD Cert of Good Standing)(Reaves, Nicholas)
July 1, 2019 Opinion or Order Filing 91 ORDER. The Court has today issued the agreed-upon Order proposed by the parties at Dkt. 87-1. The Court's Order postpones the effective date of the United States Department of Health and Human Services' ("HHS") rule at issue in this litigation ("Final Rule") until November 22, 2019. The Order further vacates the preliminary injunction briefing schedule set forth in the Court's June 7, 2019, Dkt. 27, and June 13, 2019, Dkt. 38, Orders. In light of the above, it is no longer necessary for the conference scheduled for Friday, July 12, 2019 to serve as a hearing on plaintiffs' preliminary injunction motions. The Court wishes, however, promptly to put in place a schedule in this matter. The Court directs counsel for all parties in the consolidated cases comprising this litigation forthwith to meet and confer with the goals of (1) proposing a briefing schedule on plaintiffs' preliminary injunction motions, and (2) exploring whether a viable schedule can be agreed to that would permit the legality of HHS's Final Rule to be resolved instead on motions or cross-motions for summary judgment and, if so, proposing such a schedule. In considering a suitable schedule for any contemplated motion, the Court expects counsel to be mindful of the Court's interest in having sufficient time, following the completion of briefing, to hold oral argument and to consider and thoughtfully resolve the important and complex questions presented. The Court directs counsel to submit a joint letter, due at 12 noon on Wednesday, July 10, 2019, setting forth the parties' joint proposals-or, if agreement is not reached, the parties' alternative proposals-as to such schedules. If the Court determines that further consultation would assist it in setting a schedule, the Court will use the conference currently scheduled for Friday, July 12, 2019, at 2:00 p.m., to take up such questions with counsel. The Court accordingly asks lead counsel to remain available to attend a conference at that date and time, in courtroom 1305 of the Thurgood Marshall United States Courthouse, at 40 Centre Street. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/1/2019) Filed In Associated Cases: 1:19-cv-04676 PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE (rjm)
July 1, 2019 Opinion or Order Filing 90 STIPULATED REQUEST FOR AN ORDER TO POSTPONE RULE'S EFFECTIVE DATE; TO SUSPEND DEFENDANTS' DEADLINE TO RESPOND TO PLAINTIFFS' PRELIMINARY INJUNCTION MOTIONS; AND TO VACATE THE CURRENT BRIEFING SCHEDULE AND HEARING DATE [5 U.S.C. 705]. Subject to the Court's approval, the parties through their undersigned counsel of record HEREBY STIPULATE as follows: 1. At present, Defendants' opposition to Plaintiffs' motions for a preliminary injunction is due on June 28, 2019, Plaintiffs' reply is due on July 5, 2019, and a hearing is scheduled on July 12, 2019. 2. The U.S. Department of Health and Human Services ("HHS") agrees to postpone the effective date of the rule titled Protecting Statutory Conscience Rights in Health Care; Delegations of Authority, 84 Fed. Reg. 23, 170 (May 21, 2019) ("Final Rule"), until November 22, 2019. HHS stipulates to this postponement because it is the most efficient way to adjudicate the Final Rule on the merits. HHS does not concede that Plaintiffs are "likely to succeed on the merits, that [they are] likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in [their] favor, [or] that an injunction is in the public interest." See Winter v. NRDC, 555 U.S. 7, 20 (2008). 3. Plaintiffs maintain that-for the reasons expressed in their motions for a preliminary injunction and their opposition to Defendants' motion to continue the deadline to respond to Plaintiffs' motions-Plaintiffs would suffer various irreparable injuries were the Final Rule's effective date not postponed. 4. The parties request that the Court issue an order, pursuant to 5 U.S.C. 705, that the effective date of the Final Rule is postponed until November 22, 2019. 5. The parties further request, in light of this postponement, that the Court suspend the June 28, 2019 deadline for Defendants' opposition brief and set a new and more protracted schedule for submission of the remaining briefs on Plaintiffs' preliminary injunction motions. 6. The parties agree to meet and confer to determine whether they can reach an agreement on a proposed schedule to resolve this case through cross-motions for summary judgment prior to the Final Rule's new November 22, 2019 effective date. PURSUANT TO STIPULATION, IT IS SO ORDERED. The effective date of the Final Rule is postponed until November 22, 2019. See 5 U.S.C. 705. Defendants' June 28, 2019 deadline to respond to Plaintiffs' preliminary injunction motions is suspended, and the preliminary injunction briefing schedule and hearing date set forth in the Court's June 7, 2019 and June 13, 2019 Orders is vacated. This order is without prejudice to the merits. Motions terminated: #87 JOINT LETTER MOTION for Leave to File Joint Stipulation and Requesting Entry of Stipulated Order addressed to Judge Paul A. Engelmayer from Bradley P. Humphreys dated 6/28/2019. Document filed by Alex M. Azar II, Office for Civil Rights, Office for Civil Rights of the U.S. Department of Health and Human Services, Roger Severino, United States Department of Health and Human Services, United States of America. The following deadline(s) was terminated: Brief Deadline. (Signed by Judge Paul A. Engelmayer on 6/28/2019) (rjm)
July 1, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #93 MOTION for Daniel H. Blomberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17174797. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
July 1, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #92 MOTION for Nicholas R. Reaves to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17172335. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
June 28, 2019 Filing 89 MEMORANDUM OF LAW in Support re: (43 in 1:19-cv-05435-PAE) MOTION for Leave to File Over-length Amicus Brief . . Document filed by Christian Medical and Dental Associations, Regina Renee Frost. Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE(Ho, Allyson)
June 28, 2019 Filing 88 MOTION for Leave to File Over-length Amicus Brief . Document filed by Christian Medical and Dental Associations, Regina Renee Frost. (Attachments: #1 Exhibit Proposed over-length Amicus Brief, #2 Exhibit Proposed Declaration of Dr. David Stevens in Support of Opposition to Motion for Preliminary Injunction, #3 Exhibit Proposed Declaration of Dr. Regina Frost in Support of Opposition to Motion for Preliminary Injunction)Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE(Ho, Allyson)
June 28, 2019 Filing 87 JOINT LETTER MOTION for Leave to File Joint Stipulation and Requesting Entry of Stipulated Order addressed to Judge Paul A. Engelmayer from Bradley P. Humphreys dated 6/28/2019. Document filed by Alex M. Azar II, Office for Civil Rights, Office for Civil Rights of the U.S. Department of Health and Human Services, Roger Severino, United States Department of Health and Human Services, United States of America. (Attachments: #1 Exhibit Stipulated Request for Order to Postpone Rule's Effective Date; to Suspend Defendants' Deadline to Respond to Plaintiffs' Preliminary Injunction Motions; and to Vacate the Current Briefing Schedule)(Humphreys, Bradley)
June 28, 2019 Opinion or Order Filing 86 MEMO ENDORSEMENT granting in part (77) Motion for Leave to File Document in case 1:19-cv-04676-PAE; granting in part (32) Motion for Leave to File Document in case 1:19-cv-05433-PAE; granting in part (37) Motion for Leave to File Document in case 1:19-cv-05435-PAE. ENDORSEMENT: The Court grants the proposed amici curiae leave to submit the proposed brief and accompanying declarations and exhibits and accepts them for consideration. The Court reserves judgment on whether to permit counsel for the proposed amici curiae to present oral argument on the plaintiffs' motions for a preliminary injunction. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/28/2019) Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE (ne)
June 28, 2019 Opinion or Order Filing 85 ORDER: The Court late yesterday denied, by memo endorsement, a letter motion in which defendants sought to extend today's deadline to file an opposition to plaintiffs' motions for a preliminary injunction until July 1, 2019. Dkt. 84. That ruling stands and the deadline for defendants' opposition to plaintiffs' motions for a preliminary injunction remains today. The Court, however, wishes to correct a factual error in yesterday's memo endorsement. The Court erroneously recited the date of the Order in which it set a briefing schedule on the preliminary injunction motion. That Order issued on June 7, 2019, Dkt. 27, and gave defendants two weeks, i.e., until June 28, 2019, to respond to plaintiffs' motions for a preliminary injunction, which under the Order was due, and which was timely filed, on June 14, 2019, Dkt. 41. The Court is mindful of counsels' understandable desire for additional time to brief the significant issues raised by the pending motions and shares all counsels' view that the process of reliable adjudication benefits from a measured briefing process. The Court is further mindful that counsel for the U.S. Department of Health and Human Services ("HHS") earlier this week sought additional time based on a representation by counsel that HHS will delay enforcement of the HHS rule at issue until November 22, 2019. Dkt. 79. The Court denied that request because HHS had not postponed the rule's effective date, Dkt. 82, and, without such a postponement, plaintiffs viably claimed a risk of harm, see Dkt. 80. For avoidance of doubt, the Court clarifies that, in the event of an official postponement of the effective date of the rule to November 22, 2019, the Court would suspend today's deadline for an opposition brief, set a new and more protracted schedule for submission of the remaining briefs on plaintiffs' preliminary injunction motions, and thereafter entertain applications to litigate this case instead, as defendants have proposed, via cross-motions for summary judgment. Absent an official postponement of the effective date, however, the present briefing schedule stands. (Signed by Judge Paul A. Engelmayer on 6/28/2019) Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE(mro)
June 27, 2019 Opinion or Order Filing 84 ORDER denying (83) Letter Motion for Extension of Time to File Response/Reply in case 1:19-cv-04676-PAE. Denied. The Court set this schedule over a month ago on June 13, 2019. See Dkt. 38. Plaintiffs' reply is due July 5, 2019. See id. Extending defendants' time to respond at this late juncture would require plaintiffs to spend the entirety of the week of the July 4 holiday drafting a reply brief, without the benefit of a weekend. The Court carefully considered the schedule it set on June 13, 2019 and declines to modify it at this late stage. SO ORDERED.. (Signed by Judge Paul A. Engelmayer on 6/27/2019) Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE (ks)
June 27, 2019 Filing 83 LETTER MOTION for Extension of Time to File Response/Reply as to #82 Order on Motion to Continue,,,, #41 MOTION for Preliminary Injunction ., #27 Order on Motion for Leave to File Excess Pages,,,, addressed to Judge Paul A. Engelmayer from Bradley P. Humphreys dated 6/27/2019. Document filed by Alex M. Azar II, Office for Civil Rights, Office for Civil Rights of the U.S. Department of Health and Human Services, Roger Severino, United States Department of Health and Human Services, United States of America.(Humphreys, Bradley)
June 27, 2019 Opinion or Order Filing 82 ORDER denying (79) Motion to Continue in case 1:19-cv-04676-PAE. The Court denies defendants' request in its entirety. Unless and until defendants either (1) supply conclusive evidence that the effective date of the Final Rule has been officially postponed; or (2) consent to a Court order that would enjoin defendants from enforcing, applying, or taking any action to implement the Final Rule until resolution of the preliminary injunction motions, the existing briefing and argument schedule remains in effect. For avoidance of doubt, defendants' opposition to plaintiffs' motions for a preliminary injunction remain due tomorrow, June 28, 2019. The Court will construe a failure to file opposition submissions on this date as signifying that defendants do not oppose plaintiffs' application for preliminary relief. SO ORDERED.. (Signed by Judge Paul A. Engelmayer on 6/27/2019) Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE (ks)
June 27, 2019 Filing 81 NOTICE of supplemental authority. Document filed by State of New York. (Attachments: #1 Exhibit 1)(Colangelo, Matthew)
June 27, 2019 Filing 80 LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Engelmayer from Matthew Colangelo dated June 27, 2019 re: #79 LETTER MOTION to Continue the Deadline to Respond to Plaintiffs' Motions for Preliminary Injunction and to Set a Summary Judgment Briefing Schedule; or, in the Alternative, for Enlargement of Time to File Defendants' Opposition to Plain . Document filed by State of New York. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Colangelo, Matthew)
June 26, 2019 Filing 79 LETTER MOTION to Continue the Deadline to Respond to Plaintiffs' Motions for Preliminary Injunction and to Set a Summary Judgment Briefing Schedule; or, in the Alternative, for Enlargement of Time to File Defendants' Opposition to Plaintiffs' Motions for Preliminary Injunctions addressed to Judge Paul A. Engelmayer from Bradley P. Humphreys dated 6/26/2019. Document filed by Alex M. Azar II, Office for Civil Rights, Office for Civil Rights of the U.S. Department of Health and Human Services, Roger Severino, United States Department of Health and Human Services, United States of America.(Humphreys, Bradley)
June 26, 2019 Filing 78 MEMORANDUM OF LAW in Support re: (37 in 1:19-cv-05435-PAE) MOTION for Leave to File Amicus Brief . . Document filed by, the American Society for Reproductive Medicine, The American Medical Association, the American Academy of Pediatrics, the American College of Emergency Physicians, the American College of Nurse-Midwives, the American College of Obstetricians and Gynecologists, the American College of Osteopathic Obstetricians and Gynecologists, the American Muslim Health Professionals, the National Association of Nurse Practitioners in Womens Health, the North American Society for Pediatric and Adolescent Gynecology, the Society for Maternal-Fetal Medicine. Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE(Selden, Shannon)
June 26, 2019 Filing 77 MOTION for Leave to File Amicus Brief . Document filed by, the American Society for Reproductive Medicine, The American Medical Association, the American Academy of Pediatrics, the American College of Emergency Physicians, the American College of Nurse-Midwives, the American College of Obstetricians and Gynecologists, the American College of Osteopathic Obstetricians and Gynecologists, the American Muslim Health Professionals, the National Association of Nurse Practitioners in Womens Health, the North American Society for Pediatric and Adolescent Gynecology, the Society for Maternal-Fetal Medicine. (Attachments: #1 Exhibit Proposed Amicus Brief)Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE(Selden, Shannon)
June 26, 2019 Filing 76 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #77 Motion) - MOTION for Leave to File Amicus Brief of Leading Medical Organizations. Document filed by, the American Society for Reproductive Medicine, The American Medical Association, the American Academy of Pediatrics, the American College of Emergency Physicians, the American College of Nurse-Midwives, the American College of Obstetricians and Gynecologists, the American College of Osteopathic Obstetricians and Gynecologists, the American Muslim Health Professionals, the National Association of Nurse Practitioners in Womens Health, the North American Society for Pediatric and Adolescent Gynecology, the Society for Maternal-Fetal Medicine. (Attachments: #1 Appendix Motion, #2 Exhibit Amicus Brief)Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE(Selden, Shannon) Modified on 6/27/2019 (db).
June 26, 2019 Filing 75 NOTICE OF APPEARANCE by Anna Augusta Moody on behalf of, the American Society for Reproductive Medicine, The American Medical Association, the American Academy of Pediatrics, the American College of Emergency Physicians, the American College of Nurse-Midwives, the American College of Obstetricians and Gynecologists, the American College of Osteopathic Obstetricians and Gynecologists, the American Muslim Health Professionals, the National Association of Nurse Practitioners in Womens Health, the North American Society for Pediatric and Adolescent Gynecology, the Society for Maternal-Fetal Medicine. Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE(Moody, Anna)
June 26, 2019 Filing 74 NOTICE OF APPEARANCE by Shannon Rose Selden on behalf of the American College of Obstetricians and Gynecologists, The American Medical Association, the American Academy of Pediatrics, the American College of Emergency Physicians, the American College of Osteopathic Obstetricians and Gynecologists,, the American Society for Reproductive Medicine, the National Association of Nurse Practitioners in Womens Health, the Society for Maternal-Fetal Medicine, the American College of Nurse-Midwives, the North American Society for Pediatric and Adolescent Gynecology, the American Muslim Health Professionals. Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE(Selden, Shannon)
June 26, 2019 Opinion or Order Filing 73 ORDER: The Court has received a motion to intervene, Dkt. 64, from proposed intervenors Dr. Regina Frost and Christina Medical and Dental Associations (together, the "Proposed Intervenors"), a memorandum of law in support, Dkt. 65 ("Mem."), and declarations in support from Drs. Regina Frost, Dkt. 66, and David Stevens, Dkt. 67. Plaintiffs have indicated their intent to respond within the time allowed by Local Civil Rule 6.1(b), which would require a response by July 9, 2019. Dkt. 62; as further set forth herein. The Court will therefore allow briefing on the motion to intervene under Local Civil Rule 6.l(b), with plaintiffs' response due July 9, 2019, and the Proposed Intervenors' reply, if any, due July 16, 2019. The Court will thereafter rule on the motion to intervene. The Court, however, is interested in receiving the views of the Proposed Intervenors regarding the preliminary injunction. The Court accordingly will permit the Proposed Intervenors to file a brief as amicus curiae in support of defendants' opposition to plaintiffs' motion for a preliminary injunction. That brief is due June 28, 2019, the same day that defendants' opposition motion is due. ( Brief due by 6/28/2019., Responses due by 7/9/2019, Replies due by 7/16/2019.) (Signed by Judge Paul A. Engelmayer on 6/26/2019) (mro)
June 26, 2019 Opinion or Order Filing 72 ORDER FOR ADMISSION PRO HAC VICE granting (53) Motion for Justin Gundlach to Appear Pro Hac Vice in case 1:19-cv-04676-PAE. (Signed by Judge Paul A. Engelmayer on 6/25/2019) Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE (mro)
June 26, 2019 Opinion or Order Filing 71 ORDER FOR ADMISSION PRO HAC VICE granting (55) Motion for Jack Lienke to Appear Pro Hac Vice in case 1:19-cv-04676-PAE. (Signed by Judge Paul A. Engelmayer on 6/25/2019) Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE (mro)
June 26, 2019 Opinion or Order Filing 70 ORDER granting (12) Motion to Consolidate Cases in case 1:19-cv-05433-PAE; granting (20) Motion to Consolidate Cases in case 1:19-cv-05435-PAE. The Court grants the motions to consolidate cases 19 Civ. 5433 and 19 Civ. 5435 with 19 Civ. 4676. 19 Civ. 4676 shall serve as the lead case, and counsel are directed to file all filings on the docket of that case. The Clerk of Court is respectfully requested to grant the motions pending at 19 Civ. 5433, Dkt. 12, and 19 Civ. 5435, Dkt. 20. (Signed by Judge Paul A. Engelmayer on 6/26/2019) Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE (mro)
June 26, 2019 Opinion or Order Filing 69 ORDER FOR ADMISSION PRO HAC VICE granting #63 Motion for Allyson N. Ho to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 6/26/2019) (mro)
June 26, 2019 Filing 68 NOTICE OF APPEARANCE by Lauren Barski on behalf of State of Illinois. (Barski, Lauren)
June 26, 2019 Filing 67 DECLARATION of DAVID STEVENS, M.D., M.A. in Support re: #64 MOTION to Intervene .. Document filed by Christian Medical and Dental Associations, Regina Renee Frost. (Ho, Allyson)
June 26, 2019 Filing 66 DECLARATION of REGINA RENEE FROST, M.D. in Support re: #64 MOTION to Intervene .. Document filed by Christian Medical and Dental Associations, Regina Renee Frost. (Ho, Allyson)
June 26, 2019 Filing 65 MEMORANDUM OF LAW in Support re: #64 MOTION to Intervene . . Document filed by Christian Medical and Dental Associations, Regina Renee Frost. (Ho, Allyson)
June 26, 2019 Filing 64 MOTION to Intervene . Document filed by Christian Medical and Dental Associations, Regina Renee Frost. (Attachments: #1 Text of Proposed Order)(Ho, Allyson)
June 26, 2019 Filing 63 MOTION for ALLYSON N. HO to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christian Medical and Dental Associations, Regina Renee Frost. (Attachments: #1 Declaration of Allyson N. Ho, #2 Exhibit A - Certificate of Good Standing - Texas, #3 Exhibit B - Certificate of Good Standing - District of Columbia, #4 Text of Proposed Order)(Ho, Allyson)
June 26, 2019 Filing 62 NOTICE of intent to respond to motion to intervene. Document filed by State of New York. (Colangelo, Matthew)
June 26, 2019 Opinion or Order Filing 61 ORDER FOR ADMISSION PRO HAC VICE granting #56 Motion for Valerie Maria Nannery to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 6/25/2019) (mro)
June 26, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #63 MOTION for ALLYSON N. HO to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
June 26, 2019 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Allyson N. Ho to RE-FILE Document #58 MOTION to Intervene as Defendants. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
June 26, 2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #57 MOTION for Allyson Newton Ho to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17141396. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
June 25, 2019 Filing 60 ANSWER to #3 Complaint,,. Document filed by Christian Medical and Dental Associations, Regina Renee Frost.(Ho, Allyson)
June 25, 2019 Filing 59 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Christian Medical and Dental Associations, Regina Renee Frost.(Ho, Allyson)
June 25, 2019 Filing 58 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Intervene as Defendants. Document filed by Christian Medical and Dental Associations, Regina Renee Frost. (Attachments: #1 Exhibit Memorandum of Law in Support of Motion to Intervene, #2 Affidavit Declaration in Support of Motion to Intervene, #3 Affidavit Declaration in Support of Motion to Intervene, #4 Text of Proposed Order)(Ho, Allyson) Modified on 6/26/2019 (ldi).
June 25, 2019 Filing 57 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Allyson Newton Ho to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17141396. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christian Medical and Dental Associations, Regina Renee Frost. (Attachments: #1 Affidavit Affidavit in Support of Motion, #2 Exhibit Certificate of Good Standing, #3 Exhibit Certificate of Good Standing, #4 Text of Proposed Order)(Ho, Allyson) Modified on 6/26/2019 (wb).
June 25, 2019 Filing 56 MOTION for Valerie Maria Nannery to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17136860. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by District of Columbia. (Attachments: #1 Affidavit Affidavit of Valerie M. Nannery, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order Proposed Order)(Nannery, Valerie)
June 25, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #56 MOTION for Valerie Maria Nannery to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17136860. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
June 24, 2019 Filing 55 MOTION for Jack Lienke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17130665. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Institute for Policy Integrity. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Lienke, Jack)
June 24, 2019 Filing 54 NOTICE of filing of Corrected Proposed Amicus Brief re: #52 CONSENT MOTION to File Amicus Brief .. Document filed by Institute for Policy Integrity. (Revesz, Richard)
June 24, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #53 MOTION for Justin Gundlach to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17125430. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
June 24, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #55 MOTION for Jack Lienke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17130665. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
June 21, 2019 Filing 53 MOTION for Justin Gundlach to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17125430. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Institute for Policy Integrity. (Attachments: #1 Affidavit Supporting affidavit, #2 Certificate of good standing, #3 Text of Proposed Order Proposed order)(Gundlach, Justin)
June 21, 2019 Filing 52 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #54 Notice to File Amicus Brief) - CONSENT MOTION to File Amicus Brief . Document filed by Institute for Policy Integrity. (Attachments: #1 Proposed Amicus Brief)(Revesz, Richard) Modified on 6/24/2019 (db).
June 21, 2019 Filing 51 NOTICE OF APPEARANCE by Sarah Jeanne Gallo on behalf of State of Illinois. (Gallo, Sarah)
June 19, 2019 Opinion or Order Filing 50 ORDER FOR ADMISSION PRO HAC VICE granting #48 Motion for Lauren Barski to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 6/19/2019) (anc)
June 19, 2019 Opinion or Order Filing 49 ORDER FOR ADMISSION PRO HAC VICE granting #47 Motion for Sarah Jeanne Gallo to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hae Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/19/2019) (kv)
June 18, 2019 Filing 48 MOTION for Lauren Hancock Barski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17104812. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Illinois. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Gallo, Sarah)
June 18, 2019 Filing 47 MOTION for Sarah Jeanne Gallo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17104616. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Illinois. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice)(Gallo, Sarah)
June 18, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #48 MOTION for Lauren Hancock Barski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17104812. Motion and supporting papers to be reviewed by Clerk's Office staff., #47 MOTION for Sarah Jeanne Gallo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17104616. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
June 17, 2019 Filing 46 NOTICE OF APPEARANCE by Aimee Diane Thomson on behalf of Commonwealth of Pennsylvania. (Thomson, Aimee)
June 14, 2019 Filing 45 MEMORANDUM OF LAW in Support re: #41 MOTION for Preliminary Injunction . . Document filed by State of New York. (Colangelo, Matthew)
June 14, 2019 Filing 44 NOTICE of filing of corrected Exhibit 5 to the Declaration of Matthew Colangelo. Document filed by State of New York. (Attachments: #1 Exhibit 5 (Corrected Declaration of Dr. Machelle Allen))(Colangelo, Matthew)
June 14, 2019 Filing 43 DECLARATION of Matthew Colangelo in Support re: #41 MOTION for Preliminary Injunction .. Document filed by State of New York. (Attachments: #1 Exhibit 1 (Declaration of Sarah Adelman), #2 Exhibit 2 (Declaration of Dr. Nicole Alexander-Scott), #3 Exhibit 3 (Declaration of Charles Alfero), #4 Exhibit 4 (Declaration of Laura M. Alfredo), #5 Exhibit 5 (Declaration of Dr. Machelle Allen), #6 Exhibit 6 (Declaration of Dr. John Andazola), #7 Exhibit 7 (Declaration of Dr. Bruce S. Anderson), #8 Exhibit 8 (Declaration of Sharon C. Boyle), #9 Exhibit 9 (Declaration of Janet Brancifort), #10 Exhibit 10 (Declaration of Deanna Charest), #11 Exhibit 11 (Declaration of Sarah Clark), #12 Exhibit 12 (Declaration of Lori A. Coyner), #13 Exhibit 13 (Declaration of Thomas M. Daly), #14 Exhibit 14 (Declaration of Rebecca S. Dineen), #15 Exhibit 15 (Declaration of Dr. Shereef M. Elnahal), #16 Exhibit 16 (Declaration of Katharine Eshghi), #17 Exhibit 17 (Declaration of Dr. Ngozi O. Ezike), #18 Exhibit 18 (Declaration of Dr. Terence R. Flotte), #19 Exhibit 19 (Declaration of Anne Foley), #20 Exhibit 20 (Declaration of Andrew C. Forsaith), #21 Exhibit 21 (Declaration of Dr. Adena Greenbaum), #22 Exhibit 22 (Declaration of Dr. Jerris R. Hedges), #23 Exhibit 23 (Declaration of Susan Herbst), #24 Exhibit 24 (Declaration of Dr. Heather Hirata), #25 Exhibit 25 (Declaration of Dr. John G. Hunter), #26 Exhibit 26 (Declaration of Kathyleen Kunkel), #27 Exhibit 27 (Declaration of Linda A. Lacewell), #28 Exhibit 28 (Declaration of Dr. Rachel L. Levine), #29 Exhibit 29 (Declaration of Dr. Michael Lucchesi), #30 Exhibit 30 (Declaration of Kathryn Macomber), #31 Exhibit 31 (Declaration of Dr. James L. Madara), #32 Exhibit 32 (Declaration of Dr. Sandra Martell), #33 Exhibit 33 (Declaration of Teresa D. Miller), #34 Exhibit 34 (Declaration of Dr. Andrew W. Nichols), #35 Exhibit 35 (Declaration of Dr. M. Norman Oliver), #36 Exhibit 36 (Declaration of Dr. David Prezant), #37 Exhibit 37 (Declaration of Dr. Karyl T. Rattay), #38 Exhibit 38 (Declaration of Dr. Linda Rosen), #39 Exhibit 39 (Declaration of Dr. John Jay Shannon), #40 Exhibit 40 (Declaration of Lisa Sherych), #41 Exhibit 41 (Declaration of Dr. KyleeAnn Stevens), #42 Exhibit 42 (Declaration of Kimberly Swartz), #43 Exhibit 43 (Declaration of Dr. Craig S. Thomas), #44 Exhibit 44 (Declaration of Wayne Turnage), #45 Exhibit 45 (Declaration of Dr. Terry Vanden Hoek and Rhonda Perna), #46 Exhibit 46 (Declaration of Fikirte Wagaw), #47 Exhibit 47 (Declaration of Marie Zimmerman), #48 Exhibit 48 (Declaration of Dr. Howard A. Zucker), #49 Exhibit 49 (American Academy of Pediatrics Comment Letter), #50 Exhibit 50 (American College of Obstetricians and Gynecologists Comment Letter), #51 Exhibit 51 (American Medical Association Comment Letter), #52 Exhibit 52 (American Nurses Association Comment Letter), #53 Exhibit 53 (Attorneys General of New York et al. Comment Letter), #54 Exhibit 54 (BlueCross BlueShield Association Comment Letter), #55 Exhibit 55 (California Department of Insurance Comment Letter), #56 Exhibit 56 (California Department of Justice Comment Letter), #57 Exhibit 57 (Christian Medical Association Summary of Online Survey), #58 Exhibit 58 (Institute for Policy Integrity Comment Letter), #59 Exhibit 59 (Lambda Legal Defense and Education Fund Comment Letter), #60 Exhibit 60 (Memorandum from the Attorney General for All Executive Departments and Agencies), #61 Exhibit 61 (National Council of Jewish Women Comment Letter), #62 Exhibit 62 (National Immigration Law Center Comment Letter), #63 Exhibit 63 (National Women's Law Center Comment Letter), #64 Exhibit 64 (New York City Commission on Human Rights et al. Comment Letter), #65 Exhibit 65 (New York State Department of Financial Services Comment Letter), #66 Exhibit 66 (Planned Parenthood Federation of America Comment Letter))(Colangelo, Matthew)
June 14, 2019 Opinion or Order Filing 42 MEMO ENDORSEMENT on UNOPPOSED MOTION FOR CONSOLIDATION, AND FOR LEAVE TO FILE JOINT MEMORANDUM OF LAW, IN EXCESS OF PAGE LIMIT, IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION with respect to [12 in case 19cv5433] [20 in case 19cv5435] Letter Motion to Consolidate Cases. ENDORSEMENT: The Court approves plaintiffs' request to file a joint memorandum of law in support of their motion for a preliminary injunction, and the request for extended page limits, upon the plaintiffs' representation that they will conform to the schedule set by the Court. Dkt. 16. The Court will address the motion to consolidate early next week. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/14/2019) (anc)**Pursuant to instructions from Chambers, Filed in cases 19cv5433, 19cv4676, and 19cv5435. Modified on 6/17/2019 (anc).
June 14, 2019 Filing 41 MOTION for Preliminary Injunction . Document filed by State of New York.(Colangelo, Matthew)
June 13, 2019 Filing 40 NOTICE OF APPEARANCE by Amanda Marie Meyer on behalf of State of New York. (Meyer, Amanda)
June 13, 2019 Filing 39 NOTICE OF APPEARANCE by Justin Alexander Deabler on behalf of State of New York. (Deabler, Justin)
June 13, 2019 Opinion or Order Filing 38 ORDER: The Court hereby sets the following schedule for any preliminary injunction motion that may be filed in the two related cases. Such motions and accompanying memoranda of law will be due 5 p.m. on Monday, June 17, 2019. (That deadline is three days after the deadline the Court has set for the plaintiffs in 19 Civ. 4676 to file such a motion, which deadline remains in place for the 19 Civ. 4676 plaintiffs.) The Government's opposition to any preliminary injunction motion remains due on June 28, 2019. A reply, if any, by plaintiffs in any of these three cases is-and with respect to 19 Civ. 4676, remains-due on July 5, 2019. The Court will hear argument as to any preliminary injunction motions together, on Friday, July 12, 2019 at 2:00 p.m. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/13/2019) (anc)
June 11, 2019 Opinion or Order Filing 37 ORDER FOR ADMISSION PRO HAC VICE granting #36 Motion for Michael W. Field to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 6/11/2019) (anc)
June 11, 2019 Filing 36 MOTION for Michael W. Field to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17056722. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Rhode Island. (Attachments: #1 Affidavit, #2 Supplement Certificate of Good Standing, #3 Text of Proposed Order)(Field, Michael)
June 11, 2019 Filing 35 NOTICE OF APPEARANCE by Bradley Humphreys on behalf of Alex M. Azar II, United States Department of Health and Human Services, United States of America. (Humphreys, Bradley)
June 11, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #36 MOTION for Michael W. Field to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17056722. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
June 10, 2019 Opinion or Order Filing 34 ORDER FOR ADMISSION PRO HAC VICE granting #30 Motion for Diane K. Taira to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 6/10/2019) (anc)
June 10, 2019 Opinion or Order Filing 33 ORDER FOR ADMISSION PRO HAC VICE granting #23 Motion for Brittany M. Jones to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 6/10/2019) (anc)
June 10, 2019 Opinion or Order Filing 32 ORDER FOR ADMISSION PRO HAC VICE granting #25 Motion for Maura FJ Whelan to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 6/10/2019) (anc)
June 10, 2019 Opinion or Order Filing 31 ORDER FOR ADMISSION PRO HAC VICE granting #22 Motion for Andrea J. Armitage to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 6/10/2019) (anc)
June 10, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Diane K. Taira to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
June 10, 2019 ***DELETED DOCUMENT. Deleted document number #35 OPINION & ORDER. The document was incorrectly filed in this case. (anc)
June 7, 2019 Filing 30 MOTION for Diane K. Taira to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Hawaii. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order)(Taira, Diane)
June 7, 2019 Filing 29 NOTICE OF APPEARANCE by Otis Comorau on behalf of City of New York. (Comorau, Otis)
June 7, 2019 Filing 28 NOTICE OF APPEARANCE by Cynthia C. Weaver on behalf of City of New York. (Weaver, Cynthia)
June 7, 2019 Opinion or Order Filing 27 ORDER granting #26 Letter Motion for Leave to File Excess Pages. The Court grants plaintiffs' request to file an opening memorandum of up to 55 pages; defendants likewise may file a memorandum of law in opposition of up to 55 pages. Plaintiffs' reply, if any, may be no longer than 25 pages. In addition, in consideration of the July 22, 2019 effective date of the final rule at issue in this action, the Court sets the following dates and deadlines: 1. Plaintiffs' motion for a preliminary injunction shall be filed no later than June 14, 2019; 2. Defendants' opposition to such motion shall be filed no later than 14 days after plaintiffs' motion, or June 28, 2019, whichever is earlier; 3. Plaintiffs' reply, if any, shall be filed no later than 7 days after defendants' opposition, or July 5, 2019, whichever is earlier; 4. The Court will hear argument on the motion for a preliminary injunction on Friday, July 12, 2019, at 2:00 p.m. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/7/2019) (anc)
June 7, 2019 Set/Reset Deadlines: Motions due by 6/14/2019. Responses due by 6/28/2019. Replies due by 7/5/2019. Set/Reset Hearings: Oral Argument set for 7/12/2019 at 02:00 PM before Judge Paul A. Engelmayer. (anc)
June 7, 2019 Pro Hac Vice Fee Payment: for #30 MOTION for Diane K. Taira to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-17043607.(Taira, Diane)
June 7, 2019 Pro Hac Vice Fee $200.00 Due: for #30 MOTION for Diane K. Taira to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. (ma)
June 6, 2019 Filing 26 LETTER MOTION for Leave to File Excess Pages addressed to Judge Paul A. Engelmayer from Matthew Colangelo dated June 6, 2019. Document filed by State of New York.(Colangelo, Matthew)
June 6, 2019 Filing 25 MOTION for Maura FJ Whelan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Wisconsin. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Whelan, Maura)
June 6, 2019 Filing 24 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Maura FJ Whelan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17030932. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Wisconsin. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Whelan, Maura) Modified on 6/6/2019 (jc).
June 6, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Maura FJ Whelan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
June 6, 2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #24 MOTION for Maura FJ Whelan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17030932. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Proposed Order is labeled as a motion. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit/Declaration - attach Proposed Order. (jc)
June 5, 2019 Filing 23 MOTION for Brittany M. Jones to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Commonwealth of Virginia. (Attachments: #1 Good standing certificate issued by Supreme Court of Virginia dated May 31, 2019, #2 Affidavit of Attorney Brittany M. Jones, #3 Text of Proposed Order)(Jones, Brittany)
June 5, 2019 Filing 22 MOTION for Andrea J. Armitage to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17025648. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Hawaii. (Attachments: #1 Affidavit Affidavit of Andrea J. Armitage, #2 Exhibit Certificate of Standing, #3 Text of Proposed Order Proposed Order)(Armitage, Andrea)
June 5, 2019 Filing 21 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Brittany M. Jones to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17024586. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Commonwealth of Virginia. (Attachments: #1 Affidavit, #2 Good Standing Certificate, #3 Text of Proposed Order)(Jones, Brittany) Modified on 6/5/2019 (jc).
June 5, 2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #21 MOTION for Brittany M. Jones to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17024586. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit/Declaration - attach Proposed Order. (jc)
June 5, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Brittany M. Jones to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #22 MOTION for Andrea J. Armitage to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17025648. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
June 3, 2019 Opinion or Order Filing 20 ORDER FOR ADMISSION PRO HAC VICE granting #18 Motion for Jill T. Nagamine to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 6/3/2019) (anc)
June 3, 2019 Opinion or Order Filing 19 ORDER FOR ADMISSION PRO HAC VICE granting #17 Motion for David J. Lyons to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 6/3/2019) (anc)
June 3, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Jill Theresa Nagamine to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17000070. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
June 1, 2019 Filing 18 MOTION for Jill Theresa Nagamine to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17000070. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Hawaii. (Attachments: #1 Affidavit Affidavit of Jill T. Nagamine in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Standing-Hawaii Supreme Court, #3 Exhibit Certificate of Standing-California Supreme Court, #4 Text of Proposed Order Order for Admission Pro Hac Vice)(Nagamine, Jill)
May 31, 2019 Filing 17 MOTION for David J. Lyons to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16996775. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Delaware. (Attachments: #1 Affidavit Support of Motion to Admit Counsel, #2 Affidavit Certificate of Good Standing, #3 Text of Proposed Order Order for Admission)(Lyons, David)
May 31, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for David J. Lyons to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16996775. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
May 30, 2019 Opinion or Order Filing 16 ORDER FOR ADMISSION PRO HAC VICE granting #13 Motion for Jennifer L. Weaver to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 5/30/2019) (anc)
May 30, 2019 Filing 15 NOTICE OF APPEARANCE by Ilona Kirshon on behalf of State of Delaware. (Kirshon, Ilona)
May 30, 2019 Opinion or Order Filing 14 ORDER granting #12 Motion for Scott H. Ikeda to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 5/30/2019) (anc)
May 30, 2019 Pro Hac Vice Fee Payment: for #13 MOTION for Jennifer Lee Weaver to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-16984322.(Weaver, Jennifer)
May 30, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Jennifer Lee Weaver to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
May 29, 2019 Filing 13 MOTION for Jennifer Lee Weaver to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Colorado. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order, #3 Exhibit 10th Cir Cert of Good Standing, #4 Exhibit CO Supreme Court Cert of Good Standing, #5 Exhibit USDC for the District of CO Cert of Good Standing)(Weaver, Jennifer)
May 29, 2019 Filing 12 MOTION for Scott Hiromi Ikeda to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16979909. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Minnesota. (Attachments: #1 Afidavit of Scott H. Ikeda, #2 Certificate of Good Standing, #3 Text of Proposed Order Proposed Order)(Ikeda, Scott)
May 29, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Scott Hiromi Ikeda to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16979909. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
May 28, 2019 Opinion or Order Filing 11 ORDER FOR ADMISSION PRO HAC VICE granting #10 Motion for Maura Murphy Osborne to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 5/28/2019) (anc)
May 28, 2019 Filing 10 MOTION for Maura Murphy Osborne to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16964062. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Connecticut. (Attachments: #1 Affidavit In Support of Motion, #2 Text of Proposed Order, #3 Exhibit CT Cert of Good Standing, #4 Exhibit MA Cert of Good Standing)(Murphy Osborne, Maura)
May 28, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Maura Murphy Osborne to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16964062. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
May 22, 2019 Filing 9 ELECTRONIC SUMMONS ISSUED as to United States of America. (pne)
May 22, 2019 Filing 8 ELECTRONIC SUMMONS ISSUED as to United States Department of Health and Human Services. (pne)
May 22, 2019 Filing 7 ELECTRONIC SUMMONS ISSUED as to Alex M. Azar II. (pne)
May 22, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne)
May 22, 2019 Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne)
May 22, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Matthew Colangelo. The party information for the following party/parties has been modified: STATE OF MICHIGAN, STATE OF WISCONSIN, STATE OF HAWAI'I, COMMONWEALTH OF PENNSYLVANIA, CITY OF NEW YORK, CITY OF CHICAGO, STATE OF NEW YORK, STATE OF RHODE ISLAND, STATE OF OREGON, STATE OF NEVADA, COOK COUNTY, ILLINOIS, DISTRICT OF COLUMBIA, STATE OF COLORADO, STATE OF MARYLAND, STATE OF MINNESOTA, STATE OF NEW MEXICO, STATE OF NEW JERSEY, COMMONWEALTH OF VIRGINIA, STATE OF ILLINOIS, STATE OF CONNECTICUT, STATE OF VERMONT, COMMONWEALTH OF MASSACHUSETTS, STATE OF DELAWARE, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES OF AMERICA, ALEX M. AZAR II. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly; party text was omitted. (pne)
May 22, 2019 Case Designated ECF. (pne)
May 21, 2019 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES OF AMERICA, re: #3 Complaint,,. Document filed by CITY OF CHICAGO, CITY OF NEW YORK, COMMONWEALTH OF MASSACHUSETTS, COMMONWEALTH OF PENNSYLVANIA, COMMONWEALTH OF VIRGINIA, COOK COUNTY, ILLINOIS, DISTRICT OF COLUMBIA, STATE OF COLORADO, STATE OF CONNECTICUT, STATE OF DELAWARE, STATE OF HAWAI'I, STATE OF ILLINOIS, STATE OF MARYLAND, STATE OF MICHIGAN, STATE OF MINNESOTA, STATE OF NEVADA, STATE OF NEW JERSEY, STATE OF NEW MEXICO, STATE OF NEW YORK, STATE OF OREGON, STATE OF RHODE ISLAND, STATE OF VERMONT, STATE OF WISCONSIN. (Colangelo, Matthew)
May 21, 2019 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to ALEX M. AZAR II, re: #3 Complaint,,. Document filed by CITY OF CHICAGO, CITY OF NEW YORK, COMMONWEALTH OF MASSACHUSETTS, COMMONWEALTH OF PENNSYLVANIA, COMMONWEALTH OF VIRGINIA, COOK COUNTY, ILLINOIS, DISTRICT OF COLUMBIA, STATE OF COLORADO, STATE OF CONNECTICUT, STATE OF DELAWARE, STATE OF HAWAI'I, STATE OF ILLINOIS, STATE OF MARYLAND, STATE OF MICHIGAN, STATE OF MINNESOTA, STATE OF NEVADA, STATE OF NEW JERSEY, STATE OF NEW MEXICO, STATE OF NEW YORK, STATE OF OREGON, STATE OF RHODE ISLAND, STATE OF VERMONT, STATE OF WISCONSIN. (Colangelo, Matthew)
May 21, 2019 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, re: #3 Complaint,,. Document filed by CITY OF CHICAGO, CITY OF NEW YORK, COMMONWEALTH OF MASSACHUSETTS, COMMONWEALTH OF PENNSYLVANIA, COMMONWEALTH OF VIRGINIA, COOK COUNTY, ILLINOIS, DISTRICT OF COLUMBIA, STATE OF COLORADO, STATE OF CONNECTICUT, STATE OF DELAWARE, STATE OF HAWAI'I, STATE OF ILLINOIS, STATE OF MARYLAND, STATE OF MICHIGAN, STATE OF MINNESOTA, STATE OF NEVADA, STATE OF NEW JERSEY, STATE OF NEW MEXICO, STATE OF NEW YORK, STATE OF OREGON, STATE OF RHODE ISLAND, STATE OF VERMONT, STATE OF WISCONSIN. (Colangelo, Matthew)
May 21, 2019 Filing 3 COMPLAINT against ALEX M. AZAR II, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES OF AMERICA. Document filed by STATE OF MICHIGAN, STATE OF WISCONSIN, STATE OF HAWAI'I, COMMONWEALTH OF PENNSYLVANIA, CITY OF NEW YORK, CITY OF CHICAGO, STATE OF NEW YORK, STATE OF RHODE ISLAND, STATE OF OREGON, STATE OF NEVADA, COOK COUNTY, ILLINOIS, DISTRICT OF COLUMBIA, STATE OF COLORADO, STATE OF MARYLAND, STATE OF MINNESOTA, STATE OF NEW MEXICO, STATE OF NEW JERSEY, COMMONWEALTH OF VIRGINIA, STATE OF ILLINOIS, STATE OF CONNECTICUT, STATE OF VERMONT, COMMONWEALTH OF MASSACHUSETTS, STATE OF DELAWARE.(Colangelo, Matthew)
May 21, 2019 Filing 2 CIVIL COVER SHEET filed. (Colangelo, Matthew)
May 21, 2019 Filing 1 FILING ERROR - PDF ERROR - COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-16924971)Document filed by STATE OF NEW YORK.(Colangelo, Matthew) Modified on 5/21/2019 (jgo).
May 21, 2019 Filing 1 FILING ERROR - PDF ERROR - COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-16924971)Document filed by STATE OF NEW YORK.(Colangelo, Matthew) Modified on 5/21/2019 (jgo).

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Plaintiff: STATE OF NEVADA
Represented By: Matthew Colangelo
Represented By: Heidi Parry Stern
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Plaintiff: STATE OF MARYLAND
Represented By: Matthew Colangelo
Represented By: Jeffrey Paul Dunlap
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Plaintiff: STATE OF CONNECTICUT
Represented By: Matthew Colangelo
Represented By: Maura Murphy Osborne
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Plaintiff: STATE OF NEW MEXICO
Represented By: Matthew Colangelo
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Plaintiff: STATE OF VERMONT
Represented By: Matthew Colangelo
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Plaintiff: STATE OF OREGON
Represented By: Matthew Colangelo
Represented By: Elleanor H. Chin
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Plaintiff: COMMONWEALTH OF VIRGINIA
Represented By: Matthew Colangelo
Represented By: Brittany Marie Jones
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Plaintiff: STATE OF COLORADO
Represented By: Matthew Colangelo
Represented By: Jennifer Weaver
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Plaintiff: STATE OF ILLINOIS
Represented By: Matthew Colangelo
Represented By: Sarah Jeanne Gallo
Represented By: Lauren Barski
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Plaintiff: STATE OF NEW YORK
Represented By: Matthew Colangelo
Represented By: Amanda Marie Meyer
Represented By: Justin Alexander Deabler
Represented By: Lisa M. Landau
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Plaintiff: COMMONWEALTH OF PENNSYLVANIA
Represented By: Matthew Colangelo
Represented By: Aimee Diane Thomson
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Plaintiff: STATE OF MICHIGAN
Represented By: Matthew Colangelo
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Plaintiff: COMMONWEALTH OF MASSACHUSETTS
Represented By: Matthew Colangelo
Represented By: Jonathan T. Burke
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Plaintiff: CITY OF CHICAGO
Represented By: Matthew Colangelo
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Plaintiff: STATE OF WISCONSIN
Represented By: Matthew Colangelo
Represented By: Maura Whelan
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Plaintiff: STATE OF MINNESOTA
Represented By: Matthew Colangelo
Represented By: Scott Ikeda
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Plaintiff: DISTRICT OF COLUMBIA
Represented By: Matthew Colangelo
Represented By: Valerie M. Nannery
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Plaintiff: CITY OF NEW YORK
Represented By: Matthew Colangelo
Represented By: Otis Comorau
Represented By: Cynthia C. Weaver
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Plaintiff: COOK COUNTY, ILLINOIS
Represented By: Matthew Colangelo
Represented By: Jessica Scheller
Represented By: Prathima Yeddanapudi
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Plaintiff: STATE OF RHODE ISLAND
Represented By: Matthew Colangelo
Represented By: Michael W. Field
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Plaintiff: STATE OF DELAWARE
Represented By: Matthew Colangelo
Represented By: Ilona Kirshon
Represented By: David J. Lyons
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Plaintiff: STATE OF HAWAI'I
Represented By: Matthew Colangelo
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Plaintiff: STATE OF NEW JERSEY
Represented By: Matthew Colangelo
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Plaintiff: State of Hawaii
Represented By: Matthew Colangelo
Represented By: Diane K. Taira
Represented By: Andrea J. Armitage
Represented By: Jill T Nagamine
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Defendant: UNITED STATES OF AMERICA
Represented By: Rebecca Kopplin
Represented By: Bradley Humphreys
Represented By: Benjamin Thomas Takemoto
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Defendant: UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
Represented By: Rebecca Kopplin
Represented By: Bradley Humphreys
Represented By: Benjamin Thomas Takemoto
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Defendant: ALEX M. AZAR II
Represented By: Rebecca Kopplin
Represented By: Bradley Humphreys
Represented By: Benjamin Thomas Takemoto
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Consolidated plaintiff: Public Health Solutions, Inc.
Represented By: Brigitte Adrienne Amiri
Represented By: Alexa Rebecca Kolbi-Molinas
Represented By: Lindsey Kaley
Represented By: Christopher T Dunn
Represented By: Erin Beth Harrist
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Consolidated plaintiff: Planned Parenthood of Northern New England, Inc.
Represented By: Michelle Iris Banker
Represented By: Adam Grogg
Represented By: Hana Bajramovic
Represented By: Kurt Calia
Represented By: Sarah Mac Dougall
Represented By: Diana Salgado
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Consolidated plaintiff: Planned Parenthood Federation of America, Inc.
Represented By: Michelle Iris Banker
Represented By: Adam Grogg
Represented By: Hana Bajramovic
Represented By: Kurt Calia
Represented By: Sarah Mac Dougall
Represented By: Diana Salgado
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Consolidated plaintiff: National Family Planning and Reproductive Health Association
Represented By: Brigitte Adrienne Amiri
Represented By: Alexa Rebecca Kolbi-Molinas
Represented By: Lindsey Kaley
Represented By: Christopher T Dunn
Represented By: Erin Beth Harrist
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Amicus curiae: Institute for Policy Integrity
Represented By: Richard L. Revesz
Represented By: Jack Lienke
Represented By: Justin Gundlach
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Amicus curiae: the American College of Obstetricians and Gynecologists
Represented By: Anna Augusta Moody
Represented By: Shannon Rose Selden
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Amicus curiae: the American College of Osteopathic Obstetricians and Gynecologists
Represented By: Anna Augusta Moody
Represented By: Shannon Rose Selden
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Amicus curiae: the American Academy of Pediatrics
Represented By: Anna Augusta Moody
Represented By: Shannon Rose Selden
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Amicus curiae: the National Association of Nurse Practitioners in Womens Health
Represented By: Anna Augusta Moody
Represented By: Shannon Rose Selden
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Amicus curiae: the American College of Emergency Physicians
Represented By: Anna Augusta Moody
Represented By: Shannon Rose Selden
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Amicus curiae: the Society for Maternal-Fetal Medicine
Represented By: Anna Augusta Moody
Represented By: Shannon Rose Selden
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Amicus curiae: the American Muslim Health Professionals
Represented By: Anna Augusta Moody
Represented By: Shannon Rose Selden
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Amicus curiae: the North American Society for Pediatric and Adolescent Gynecology
Represented By: Anna Augusta Moody
Represented By: Shannon Rose Selden
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Amicus curiae: The American Medical Association
Represented By: Anna Augusta Moody
Represented By: Shannon Rose Selden
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Amicus curiae: the American College of Nurse-Midwives
Represented By: Anna Augusta Moody
Represented By: Shannon Rose Selden
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Amicus curiae: , the American Society for Reproductive Medicine
Represented By: Anna Augusta Moody
Represented By: Shannon Rose Selden
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Intervenor defendant: Dr. Regina Renee Frost
Represented By: Nicholas Robert Reaves
Represented By: Daniel Blomberg
Represented By: Jason Harrison Hilborn
Represented By: Allyson N. Ho
Represented By: Robert Dunn
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Intervenor defendant: Christian Medical and Dental Associations
Represented By: Nicholas Robert Reaves
Represented By: Daniel Blomberg
Represented By: Jason Harrison Hilborn
Represented By: Allyson N. Ho
Represented By: Robert Dunn
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Consolidated defendant: Roger Severino
Represented By: Rebecca Kopplin
Represented By: Bradley Humphreys
Represented By: Benjamin Thomas Takemoto
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Consolidated defendant: Office for Civil Rights
Represented By: Rebecca Kopplin
Represented By: Bradley Humphreys
Represented By: Benjamin Thomas Takemoto
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Consolidated defendant: Office for Civil Rights of the U.S. Department of Health and Human Services
Represented By: Rebecca Kopplin
Represented By: Bradley Humphreys
Represented By: Benjamin Thomas Takemoto
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