National Family Planning and Reproductive Health Association et al v. Azar et al
| National Family Planning and Reproductive Health Association and Public Health Solutions, Inc. |
| U.S. Department of Health and Human Services, Alex M. Azar, II, Roger Severino, Office for Civil Rights of the U.S. Department of Health and Human Services, Christian Medical and Dental Association and Dr. Regina Frost |
| the American Muslim Health Professionals, Institute for Policy Integrity, The American Medical Association, the American College of Obstetricians and Gynecologists, the National Association of Nurse Practitioners in Womens Health, the American College of Osteopathic Obstetricians and Gynecologists, , the American Society for Reproductive Medicine, the Society for Maternal-Fetal Medicine, the American Academy of Pediatrics, the American College of Emergency Physicians, the North American Society for Pediatric and Adolescent Gynecology and the American College of Nurse-Midwives |
| Planned Parenthood of Northern New England, Inc. and Planned Parenthood Federation of America, Inc. |
| 1:2019cv05435 |
| June 11, 2019 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
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Filing 65
OPINION & ORDER re: (64 in 1:19-cv-04676-PAE) MOTION to Intervene: For the reasons reviewed above, the Court denies CMDA and Dr. Frost's motion for intervention of right but grants their motion for permissive intervention. The Clerk of Court is respectfully requested to terminate the motion pending at Dkt. 64 and to add Dr. Regina Frost and the Christian Medical and Dental Association to the caption of this case as defendants. The Court authorizes CMDA and Dr. Frost to file a single consolidated brief, not to exceed 30 pages, in opposition to plaintiffs' motions for a preliminary injunction by August 14, 2019. They are also at liberty, within that single brief and that page limit, to move for summary judgment. In the event that CMDA and Dr. Frost do so move, their reply in support of the motion for summary judgment, not to exceed 15 pages, is due September 19, 2019. The Court will permit CMDA and Dr. Frost's counsel to participate in argument on October 18, 2019. (Regina Frost and Christian Medical and Dental Association added.) (Signed by Judge Paul A. Engelmayer on 8/2/2019) Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE(jwh)
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Filing 64
ORDER FOR ADMISSION PRO HAC VICE granting #62 MOTION for Elizabeth Olmsted Gill to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 7/31/2019) (jca)
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Filing 63
ORDER FOR ADMISSION PRO HAC VICE granting #54 MOTION for Robert E. Dunn to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 7/31/2019) (jca)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #62 MOTION for Elizabeth Olmsted Gill 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) |
| Filing 62 MOTION for Elizabeth Olmsted Gill to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc..(Gill, Elizabeth) |
| Pro Hac Vice Fee Payment: for #52 MOTION for Elizabeth Olmsted Gill to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-17341240.(Gill, Elizabeth) |
| Filing 61 AFFIDAVIT OF SERVICE. All Defendants. Service was made by MAIL. Document filed by Public Health Solutions, Inc., National Family Planning and Reproductive Health Association. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Kaley, Lindsey) |
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Filing 60
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)
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| 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) |
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Filing 59
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)
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Filing 58
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)
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Filing 57
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).
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| 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) |
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Filing 56
ORDER FOR ADMISSION PRO HAC VICE granting #53 Motion for Daniel Mach to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 7/12/2019) (ks)
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| Filing 55 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) |
| Filing 54 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) |
| Filing 53 MOTION for Daniel Mach to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17234887. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc.. (Attachments: #1 Affidavit Affidavit of Daniel Mach in Support of Motion to Admit Pro Hac Vice, #2 Text of Proposed Order Proposed Order for Admission Pro Hac Vice, #3 District of Columbia Certificate of Good Standing, #4 New York Certificate of Good Standing)(Mach, Daniel) |
| Filing 52 MOTION for Elizabeth Olmsted Gill to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc..(Gill, Elizabeth) |
| >>>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) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. #52 MOTION for Elizabeth Olmsted Gill to Appear Pro Hac Vice . 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 California; the filing fee was not paid;. 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. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (wb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #53 MOTION for Daniel Mach to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17234887. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
| >>>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) |
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Filing 51
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)
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Filing 50
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)
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| Filing 49 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) |
| Filing 48 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) |
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Filing 47
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)
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Filing 46
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)
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Filing 45
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. The following deadline(s) was terminated: Reply Deadline. Response Deadline. (Signed by Judge Paul A. Engelmayer on 6/28/2019) (rjm)
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| Filing 44 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) |
| Filing 43 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) |
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Filing 42
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)
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Filing 41
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)
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Filing 40
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)
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Filing 39
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)
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| Filing 38 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) |
| Filing 37 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) |
| Filing 36 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). |
| Filing 35 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) |
| Filing 34 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) |
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Filing 33
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)
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Filing 32
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)
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Filing 31
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)
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| CONSOLIDATED MEMBER CASE: Create association to 1:19-cv-04676-PAE. (mro) |
| Filing 30 NOTICE of filing of Corrected Proposed Amicus Brief re: #29 CONSENT MOTION to File Amicus Brief .. Document filed by Institute for Policy Integrity. (Revesz, Richard) |
| Filing 29 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #30 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). |
| Filing 28 NOTICE OF APPEARANCE by Lindsey Kaley on behalf of National Family Planning and Reproductive Health Association, Public Health Solutions, Inc.. (Kaley, Lindsey) |
| Filing 27 DECLARATION of Sarah Mac Dougall in Support re: #25 MOTION for Preliminary Injunction .. Document filed by Planned Parenthood Federation of America, Inc., Planned Parenthood of Northern New England, Inc.. (Attachments: #1 Exhibit A - Statutory Definitions, #2 Exhibit B - Custer Declaration, #3 Exhibit C - Gallagher Declaration, #4 Exhibit D- Coleman Declaration, #5 Exhibit E - David Declaration, #6 Exhibit F - Chasen Declaration)(Mac Dougall, Sarah) |
| Filing 26 JOINT MEMORANDUM OF LAW in Support re: #25 MOTION for Preliminary Injunction . . Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc.. (Kolbi-Molinas, Alexa) |
| Filing 25 MOTION for Preliminary Injunction . Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc..(Kolbi-Molinas, Alexa) |
| Filing 24 NOTICE OF APPEARANCE by Bradley Humphreys on behalf of Alex M. Azar, II, Office for Civil Rights of the U.S. Department of Health and Human Services, Roger Severino, U.S. Department of Health and Human Services. (Humphreys, Bradley) |
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Filing 23
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).
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| Filing 22 LETTER addressed to Judge Paul A. Engelmayer from Alexa Kolbi-Molinas dated 6/14/19 re: Intent to Move for Preliminary Injunction. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc..(Kolbi-Molinas, Alexa) |
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Filing 21
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)
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| Set/Reset Deadlines: Motions due by 6/17/2019. 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) |
| CASE ACCEPTED AS RELATED. Create association to 1:19-cv-04676-PAE. Notice of Assignment to follow. (bcu) |
| 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. (bcu) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case. (bcu) |
| Filing 20 MOTION to Consolidate Cases 1:19-cv-04676 . Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc..(Kolbi-Molinas, Alexa) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to U.S. Department of Health and Human Services. (jgo) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to U.S. Department of Health and Human Services. (jgo) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to U.S. Department of Health and Human Services. (jgo) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Roger Severino. (jgo) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Office for Civil Rights of the U.S. Department of Health and Human Services. (jgo) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Alex M. Azar, II. (jgo) |
| Filing 13 NOTICE OF APPEARANCE by Brigitte Adrienne Amiri on behalf of National Family Planning and Reproductive Health Association, Public Health Solutions, Inc.. (Amiri, Brigitte) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alexa Rebecca Kolbi-Molinas. The party information for the following party/parties has been modified: Alex M. Azar, II; Roger Severino. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo) |
| Case Designated ECF. (jgo) |
| CASE REFERRED TO Judge Paul A. Engelmayer as possibly related to 19-cv-4676. (jgo) |
| Filing 12 NOTICE OF APPEARANCE by Erin Beth Harrist on behalf of National Family Planning and Reproductive Health Association, Public Health Solutions, Inc.. (Harrist, Erin) |
| Filing 11 NOTICE OF APPEARANCE by Christopher T Dunn on behalf of National Family Planning and Reproductive Health Association, Public Health Solutions, Inc.. (Dunn, Christopher) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc..(Kolbi-Molinas, Alexa) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Health and Human Services, c/o U.S. Attorney's Office, Southern District of New York, re: #1 Complaint,. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc.. (Kolbi-Molinas, Alexa) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Health and Human Services, c/o Attorney General of the United States, re: #1 Complaint,. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc.. (Kolbi-Molinas, Alexa) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Office for Civil Rights of the U.S. Department of Health and Human Services, re: #1 Complaint,. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc.. (Kolbi-Molinas, Alexa) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Roger Severino, re: #1 Complaint,. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc.. (Kolbi-Molinas, Alexa) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Health and Human Services, re: #1 Complaint,. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc.. (Kolbi-Molinas, Alexa) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Alex M. Azar II, re: #1 Complaint,. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc.. (Kolbi-Molinas, Alexa) |
| Filing 3 RELATED CASE AFFIRMATION of Alexa Kolbi-Molinas re: that this action be filed as related to 19-cv-4676. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc..(Kolbi-Molinas, Alexa) |
| Filing 2 CIVIL COVER SHEET filed. (Kolbi-Molinas, Alexa) |
| Filing 1 COMPLAINT against Alex M. Azar, II, Office for Civil Rights of the U.S. Department of Health and Human Services, Roger Severino, U.S. Department of Health and Human Services. (Filing Fee $ 400.00, Receipt Number ANYSDC-17057562)Document filed by Public Health Solutions, Inc., National Family Planning and Reproductive Health Association. (Attachments: #1 Exhibit A - Final Rule)(Kolbi-Molinas, Alexa) |
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