Planned Parenthood Southwest Ohio Region et al v. Hodges et al
| Women's Med Group Professional Corporation and Planned Parenthood Southwest Ohio Region |
| UC Health, University of Cincinnati Medical Center, LLC and Richard Hodges |
| Governor of Ohio, T&S Management of Columbus, LLC and Planned Parenthood of Greater Ohio |
| 1:2015cv00568 |
| September 1, 2015 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| HAMILTON |
| Michael R Barrett |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on November 8, 2023. A more recent docket listing may be available from PACER.
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NOTATION ORDER: The parties may, on or before December 8, 2023, submit to the Court supplemental briefing regarding the effect of Ohio Const., Art. I, Sec. 22, on this matter. All briefing must comply with S.D. Ohio Civ. R. 7.2. Signed by Judge Michael R. Barrett on 11/8/2023. Signed by Judge Michael R. Barrett on 11/08/2023. (bjc)
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Filing 198
NOTICE by Plaintiff Planned Parenthood Southwest Ohio Region of Substitution of Counsel Kyla Eastling for Melissa Cohen (Hill, Beatrice)
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Filing 197
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9654943) of Kyla Eastling by Plaintiff Planned Parenthood Southwest Ohio Region. (Attachments: #1 Certificate of Good Standing) (Hill, Beatrice)
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Filing 196
NOTICE by Plaintiff Planned Parenthood Southwest Ohio Region of Withdrawal (Flaxman, Carrie)
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Filing 195
NOTICE of Substitution of Counsel - Melissa A. Cohen substituting for Julie A. Murray as to Plaintiff Planned Parenthood Southwest Ohio Region. (Cohen, Melissa)
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Filing 194
REPLY to Response to Motion re #187 Cross MOTION for Summary Judgment and Memorandum in Support and Opposition to Plaintiffs' Motion for Summary Judgment filed by Defendant Richard Hodges. (Narog, Amanda)
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Notation Order: This matter is before the Court on #193 Motion to Withdraw as Counsel. It is hereby ORDERED that #193 Motion to Withdraw as Counsel is GRANTED, and the Clerk shall remove Heather L. Buchanan as counsel for Defendant Bruce Vanderhoff, in his official capacity as the Director of the Ohio Department of Health, in this matter. Signed by Judge Michael R. Barrett on 10/18/2022. (kkz)
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Filing 193
MOTION to Withdraw as Attorney by Defendant Richard Hodges. (Buchanan, Heather)
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Notice of Correction: Please note that docs. #191 and #192 are identical pdfs filed twice, at the request of the clerk, to capture both the Reply and Response in ECF. (eh)
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Filing 192
RESPONSE in Opposition re #187 Cross MOTION for Summary Judgment and Memorandum in Support and Opposition to Plaintiffs' Motion for Summary Judgment, #186 MOTION for Summary Judgment, #184 MOTION for Summary Judgment B. Jessie Hill filed by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Hill, Beatrice)
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Notation Order: This matter is before the Court on #190 Defendant's Unopposed Motion for Extension of Time to File Reply in Support of Motion for Summary Judgment. For good cause shown, and the reasons stated therein, it is hereby ORDERED that #190 Defendant's Motion for Extension of Time is GRANTED and he shall have up to and including 10/21/2022 to so file. Signed by Judge Michael R. Barrett on 9/26/2022. (kkz)
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Filing 191
REPLY to Response to Motion re #187 Cross MOTION for Summary Judgment and Memorandum in Support and Opposition to Plaintiffs' Motion for Summary Judgment, #186 MOTION for Summary Judgment, #184 MOTION for Summary Judgment B. Jessie Hill filed by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3) (Hill, Beatrice)
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Filing 190
MOTION for Extension of Time to File Response/Reply as to #187 Cross MOTION for Summary Judgment and Memorandum in Support and Opposition to Plaintiffs' Motion for Summary Judgment New date requested 10/21/2022. by Defendant Richard Hodges. (McCartney, Andrew)
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Notation Order: This matter is before the Court on #189 Plaintiffs' Unopposed Motion for Extension of Time to File Combined Memorandum In Opposition to Defendant's Motion for Summary Judgment and Reply in Support of Plaintiffs' Motion for Summary Judgment. For good cause shown, and the reasons stated therein, it is hereby ORDERED that #189 Plaintiffs' Unopposed Motion for Extension of Time is GRANTED; Plaintiffs shall have up to and including 9/23/2022 to file their Opposition and Reply; and Defendant shall have up to and including 10/7/2022 to file his reply. Signed by Judge Michael R. Barrett on 8/25/2022. (kkz)
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Filing 189
MOTION for Extension of Time to File Response/Reply as to #187 Cross MOTION for Summary Judgment and Memorandum in Support and Opposition to Plaintiffs' Motion for Summary Judgment, #188 Response in Opposition to Motion New date requested 9/23/2022. by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Hill, Beatrice) Modified to create link to motion on 8/26/2022 (eh).
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Filing 188
RESPONSE in Opposition re #186 MOTION for Summary Judgment filed by Defendant Richard Hodges. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Narog, Amanda)
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Documents #187 and #188 are identical pleadings that have been filed twice at the request of the Clerk's Office in order to capture both events in ECF. (kh)
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Filing 187
Cross MOTION for Summary Judgment and Memorandum in Support and Opposition to Plaintiffs' Motion for Summary Judgment by Defendant Richard Hodges. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Narog, Amanda)
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Filing 186
AMENDED DOCUMENT by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. #184 Motion for Summary Judgment. (Attachments: #1 Memorandum in Support, #2 1 - 8.30.21 PPSWO Letter, #3 2 - 2.23.22 PPSWO Letter, #4 3 - State Court Injunction, #5 4 - 6.25.15 WMGPC Letter, #6 5 - 8.30.21 WMGPC Letter, #7 6 - 9.13.21 WMGPC Variance Request, #8 7 - 11.30.21 WMGPC Variance Request, #9 8 - 1.28.22 WMGPC Letter, #10 9 - Hodes Nauser TRO Hrg Tr) (Hill, Beatrice) Modified to add motion on 8/1/2022 (eh).
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Filing 185
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #184 MOTION for Summary Judgment filed by Women's Med Group Professional Corporation, Planned Parenthood Southwest Ohio Region, and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #184 MOTION for Summary Judgment filed by Women's Med Group Professional Corporation, Planned Parenthood Southwest Ohio Region as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 8/1/2022. (kl)
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Filing 184
MOTION for Summary Judgment by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - 8.30.21 PPSWO Letter, #3 Exhibit 2 - 2.23.22 PPSWO Letter, #4 Exhibit 3 - State Court Injunction, #5 Exhibit 4 - 6.25.15 WMGPC Letter, #6 Exhibit 5 - 8.30.21 WMGPC Letter, #7 Exhibit 6 - 9.13.21 WMGPC Variance Request, #8 Exhibit 7 - 11.30.21 WMGPC Variance Request, #9 Exhibit 8 - 1.28.22 WMGPC Letter, #10 Exhibit 9 - Hodes Nauser TRO Hrg Tr) (Hill, Beatrice)
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Notation Order: This matter is before the Court on #183 Motion to Withdraw as Counsel. It is hereby ORDERED that #183 Motion to Withdraw as Counsel is GRANTED, and the Clerk shall remove Elizabeth K. Watson as counsel for Plaintiff Women's Med Group Professional Corporation in this matter. Signed by Judge Michael R. Barrett on 6/6/2022. (kkz)
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Filing 183
MOTION to Withdraw as Attorney Elizabeth K. Watson by Plaintiff Women's Med Group Professional Corporation. (Amiri, Brigitte)
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Notation Order: This matter is before the Court on #182 Motion to Withdraw as Counsel. It is hereby ORDERED that #182 Motion to Withdraw as Counsel is GRANTED, and the Clerk shall remove Michael E. Mumford and Ruth E. Hartman as counsel for Plaintiff Womens Med Group Professional Corporation in this matter. Signed by Judge Michael R. Barrett on 5/27/2022. (kh)
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NOTATION ORDER granting the parties' #180 Joint Motion to Amend the #172 Amended Calendar Order (entered 8/5/2021). Plaintiffs' motion for summary judgment now due 7/29/2022; Defendant's memorandum in opposition and cross-motion for summary judgment due 8/19/2022; Plaintiffs' reply and memorandum in opposition due 9/2/2022; and Defendant's reply due 9/16/2022. Signed by Judge Michael R. Barrett on 5/20/2022. (kkz)
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Filing 182
MOTION to Withdraw as Counsel by Plaintiff Women's Med Group Professional Corporation. (Hartman, Ruth)
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Filing 181
ANSWER to #177 Amended Complaint of ODH Director Bruce Vanderhoff (automatically substituted for Richard Hodges) filed by Richard Hodges. (Buchanan, Heather)
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Notation Order: This matter is before the Court on #178 Defendant's Motion to Withdraw as Co-Counsel. It is hereby ORDERED that #178 Defendant's Motion to Withdraw as Co-Counsel is GRANTED, and the Clerk shall remove Ann Yackshaw as co-counsel for Defendant in this matter. Signed by Judge Michael R. Barrett on 5/6/2022. (kkz)
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Filing 180
Joint MOTION to Amend/Correct #172 Preliminary Pretrial Order by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Hill, Beatrice)
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Filing 179
NOTICE of Appearance by Amanda Louise Narog for Defendant Richard Hodges (Narog, Amanda)
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Filing 178
MOTION to Withdraw as Attorney on behalf of Respondent Bruce Vanderhoff in his official capacity as the Director of The Ohio Department of Health (replacing Richard Hodges) by Defendant Richard Hodges. (Yackshaw, Ann)
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Filing 177
AMENDED COMPLAINT against All Defendants, filed by Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Hill, Beatrice)
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Filing 176
ORDER granting #173 Plaintiffs' Motion for Leave to File Third Amended Complaint for Declaratory and Injunctive Relief; the Third Amended Complaint shall be filed by 4/28/2022. Signed by Judge Michael R. Barrett on 4/21/2022. (kkz)
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Filing 175
REPLY to Response to Motion re #173 MOTION for Leave to File Plaintiffs' Third Amended Complaint for Declaratory and Injunctive Relief filed by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Hill, Beatrice)
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Filing 174
RESPONSE in Opposition re #173 MOTION for Leave to File Plaintiffs' Third Amended Complaint for Declaratory and Injunctive Relief filed by Defendant Richard Hodges. (Attachments: #1 Exhibit A Declaration of Amadou Diallo and Exhibits, #2 Exhibit B Declaration of Andrew McCartney, #3 Exhibit C Email from B. Jessie Hill, 12.8.2021, #4 Exhibit D Email from B. Jessie Hill, 11.8.2021, #5 Exhibit E Email from B. Jessie Hill, 12.8.2021) (Buchanan, Heather)
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Filing 173
MOTION for Leave to File Plaintiffs' Third Amended Complaint for Declaratory and Injunctive Relief by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: #1 Plaintiffs' Third Amended Complaint for Declaratory and Injunctive Relief) (Hill, Beatrice)
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Filing 172
AMENDED CALENDAR ORDER: Expert Discovery due by 4/4/2022. Rebuttal Expert due by 2/7/2022. Initial Disclosures due by 12/1/2021. Dispositive motions due by 5/31/2022. Signed by Judge Michael R. Barrett on 8/4/21. (ba)
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NOTATION ORDER granting #170 Motion for Leave to Appear Pro Hac Vice of Melissa A. Cohen as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Michael R. Barrett on 7/19/2021. (eh)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 7/16/2021; ; Brigitte Amire, Beatrice Hill, Freda Levenson and Elizabeth Watson appeared for plaintiff; Heather Buchanan and Andrew McCartney appeared for defendant; the parties discussed the calendar dispute explained in 169 Joint Status Report; the Court will follow up, either in a follow up telephone conference to be scheduled or in an order, regarding an amended calendar shortly. (ba)
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Filing 171
NOTICE of Appearance by Andrew David McCartney for Defendant Richard Hodges (McCartney, Andrew)
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NOTICE of Hearing: Please be aware that the Status Conference set for 7/15/2021 is RESET to 7/16/2021 at 11:00 AM and remains set by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 6/29/2021 for conferencing instructions. (ba)
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Filing 170
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8402095) of Melissa Ann Cohen by Plaintiff Planned Parenthood Southwest Ohio Region. (Attachments: #1 Certificate of Good Standing) (Hill, Beatrice)
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Filing 169
STATUS REPORT Joint Status Report and Request for Status Conference by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Hill, Beatrice)
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Filing 168
NOTICE by Plaintiff Women's Med Group Professional Corporation Withdrawal as Counsel of Elizabeth Bonham (Bonham, Elizabeth)
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Filing 167
NOTICE by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation of Withdrawal of Alphonse A. Gerhardstein as Co-Counsel for Plaintiffs Planned Parenthood Southwest Ohio Region and Women's Med Group Professional Corporation (Gerhardstein, Alphonse)
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Filing 166
NOTICE by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation Notice of Withdrawal from Case of Jennifer L. Branch as Trial Attorney for Plaintiffs and Notice of Substitution of Trial Attorney for Plaintiffs by B. Jessie Hill (Branch, Jennifer)
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Filing 165
NOTICE of Appearance by Freda J Levenson for Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation (Levenson, Freda)
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Filing 164
NOTICE of Appearance by Beatrice Jessie Hill for Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation (Hill, Beatrice)
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Filing 163
ORDER granting #162 Motion to Stay Proceedings; the parties shall contact the Court to schedule a status conference immediately after they have met and conferred. Signed by Judge Michael R. Barrett on 11/5/20. (ba)
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Filing 162
Joint MOTION to Stay Proceedings by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer)
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Filing 161
AMENDED CALENDAR ORDER: Rebuttal Expert due by 1/11/2021. Initial Disclosures due by 11/5/2020. Discovery (Expert) due by 3/25/2021. Dispositive motions due by 5/5/2021. Signed by Judge Michael R. Barrett on 9/18/20. (ba)
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Filing 160
Proposed Pretrial Order short extension of the expert-discovery period by Defendant Richard Hodges. (Buchanan, Heather)
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Filing 159
AMENDED CALENDAR ORDER: This matter is before the Court on the parties Proposed Calendar Order. (Doc. 158). For good cause shown, it is hereby ORDERED that the Courts Amended Calendar Order in this matter is further AMENDED to reflect that the case shall proceed as follows: 1. Fact Discovery Cutoff: September 4, 2020. 2. Parties Initial Disclosure of Experts and Reports: October 5, 2020. 3. Parties Exchange Expert Rebuttal Reports: December 4, 2020. 4. Expert Discovery Cutoff: February 25, 2021. 5. Motions for Summary Judgment: May 5, 2021. Signed by Judge Michael R. Barrett on 08/03/2020. (bjc)
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Filing 158
Joint Proposed Calendar Order by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation, Defendants. (Branch, Jennifer) Modified docket text and terminated motion on 8/3/2020 (kh).
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Filing 157
NOTICE to Take Deposition of Richard Hodges, Lance Himes by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer)
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Filing 156
(AMENDED) CALENDAR ORDER: Rebuttal Expert due by 11/2/2020. Initial Disclosures due by 9/3/2020. Discovery (Expert) due by 1/25/2021. Discovery (Fact) due by 8/5/2020. Dispositive motions due by 4/5/2021.. Signed by Judge Michael R. Barrett on 4/21/20. (ba)
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Filing 155
NOTICE by Defendant Richard Hodges of Joint Proposed Calendar Order (Buchanan, Heather)
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Filing 154
NOTICE to Take Deposition of Richard Hodges and Lance Himes by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer)
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Filing 153
NOTICE of Appearance by Julie M Pfeiffer for Defendant Richard Hodges (Pfeiffer, Julie)
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Filing 152
NOTICE of Appearance by Ann Yackshaw for Defendant Richard Hodges (Yackshaw, Ann)
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Filing 151
Notice of Substitution and Withdrawal of Counsel of Record Tiffany Carwile by Defendant Richard Hodges. (Buchanan, Heather) Modified docket text and terminated motion on 3/11/2020 (eh).
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Filing 150
AMENDED CALENDAR ORDER: Rebuttal Expert due by 10/1/2020. Initial Disclosures due by 8/3/2020. Discovery (Expert) due by 12/1/2020. Discovery (Fact) due by 7/1/2020. Dispositive motions due by 2/15/2021. Signed by Judge Michael R. Barrett on 3/4/20. (ba)
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Filing 149
Proposed Pretrial Order Proposed Calendar Order of Parties by Defendant Richard Hodges. (Carwile, Tiffany)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 2/3/2020; Jennifer Branch, Juli Murray, Rachel Reeves, Ruth Hartman and Elizabeth Watson appeared for plaintiff; Tiffany Carwile and Heather Buchanan appeared for defendant; defendant agrees to prepare an affidavit that will be shared with plaintiff regarding the remaining issues related to #148 Order regarding #95 Motion to Compel - parties may reach out to the Court for intervention if necessary; the parties will submit an amended calendar order. (Court Reporter: Maryann Maffia) (ba)
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NOTICE of Hearing: Please be aware that the Status Conference set for 1/31/2020 is RESET to 2/3/2020 at 01:00 PM and remains set by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 9/12/17 for conferencing instructions (ba)
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NOTICE of Hearing: Please be aware that the Status Conference set for 1/23/20 is RESET TO 1/30/2020 at 01:00 PM and remains set by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 9/12/17 for conferencing instructions. (ba)
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NOTICE of Corrected Hearing date: Please be aware that the Status Conference set 1/30/20 is being reset for 1/31/2020 at 02:30 PM and remains set by teleconference before Judge Michael R. Barrett; parties are again reminded to refer to the entry on 9/12/17 for conferencing instructions. (ba)
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Filing 148
ORDER granting in part and denying in part re #95 MOTION to Compel; a Status Conference is set for 1/23/2020 at 12:00 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 9/12/17 for conferencing instructions . Signed by Judge Michael R. Barrett on 1/17/20. (ba)
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Notation Order signed by Judge Michael R. Barrett on 11/14/2019: This matter is before the Court on Plaintiff Women's Med Group Professional Corporation's #137 Motion for Temporary Restraining Order and/or Preliminary Injunction. The Court held a telephonic hearing on October 31, 2019 during which Defendant indicated that Plaintiffs Ambulatory Surgical Facility (ASF) license would be issued shortly after a successful facility inspection. The parties report that Defendant issued Plaintiff's ASF license on November 12, 2019 with an effective date of November 5, 2019. The parties agree that Plaintiffs #137 Motion is now moot. Accordingly, it is hereby ORDERED that Plaintiffs #137 Motion is DENIED as moot. (ba)
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Filing 147
ORDER adopting Report and Recommendation re 136 Report and Recommendation finding as moot #96 Motion for InCamera Review and finding as moot #111 Motion for InCamera Review. Signed by Judge Michael R. Barrett on 11/12/19. (ba)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Motion Hearing held on 10/31/2019 re #137 MOTION for Temporary Restraining filed by Women's Med Group Professional Corporation; Jennifer Branch, Jessie Hill, Juli Murray and Elizabeth Watson appeared for plaintiff; Tiffany Carwile appeared for defendant. (ba)
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Filing 146
NOTICE by Plaintiff Women's Med Group Professional Corporation re #137 MOTION for Temporary Restraining Order and/or Preliminary Injunction MOTION for Preliminary Injunction Proposed TRO (Branch, Jennifer)
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Filing 145
NOTICE of Appearance by Elizabeth Bonham for Plaintiff Women's Med Group Professional Corporation (Bonham, Elizabeth)
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Filing 144
AFFIDAVIT re #139 Response in Opposition to Motion,,, Declaration of Genell Easley by Defendant Richard Hodges. (Carwile, Tiffany)
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Filing 143
AFFIDAVIT re #137 MOTION for Temporary Restraining Order and/or Preliminary Injunction MOTION for Preliminary Injunction 5th Declaration of Dr. Haskell by Plaintiff Women's Med Group Professional Corporation. (Attachments: #1 Exhibit Q to 5th Declaration of Dr. Haskell) (Branch, Jennifer)
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Filing 142
RESPONSE in Opposition re #137 MOTION for Temporary Restraining Order and/or Preliminary Injunction Surreply In Opposition to Plaintiffs Motion for A Temporary Restraining Order and/or Preliminary Injunction filed by Defendant Richard Hodges. (Attachments: #1 Exhibit A, Second Richey Declaration, #2 Exhibit B, 2018 Supplemental Variance, #3 Exhibit C, 2019 Variance Reponse) (Carwile, Tiffany)
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Filing 140
REPLY to Response to Motion re #137 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Plaintiff Women's Med Group Professional Corporation. (Attachments: #1 Affidavit of Jennifer L. Branch, #2 Affidavit Third - Dr. Haskell with Exhibits L-M, #3 Affidavit Fourth - Dr. Haskell with Exhibits N-P, #4 Supplement Supplemental Authority) (Branch, Jennifer)
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Filing 139
RESPONSE in Opposition re #137 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Defendant Richard Hodges. (Attachments: #1 Exhibit A, The growth of ambulatory surgery centres in the United States, #2 Exhibit B, Is the physician office the wild, wild west, #3 Exhibit C, Roy D. Croy, Condensed transcript, #4 Exhibit D, Richey Affidavit, #5 Exhibit E, Instituting an Office Based Surgery Program, #6 Exhibit G, 2017 Induced Abortions in Ohio, #7 Exhibit I, Why Is This Patient Being Sent Here, #8 Exhibit K, Lance Himes 11-Jun-18_Condensed, #9 Exhibit L, Richard Hodges 12-Jun-18_Condensed, #10 Exhibit N, Founder's Variance Approval, #11 Exhibit O, PPSWO Variance Letter.grant.2019, #12 Exhibit P, PPSWO Variance request 9-28-15, #13 Exhibit Q, Womens Med to PPGOH) (Carwile, Tiffany)
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Filing 137
MOTION for Temporary Restraining Order and/or Preliminary Injunction by Plaintiff Women's Med Group Professional Corporation. (Attachments: #1 Text of Proposed Order Granting TRO, #2 Text of Proposed Order Granting PI, #3 Affidavit of Dr. Haskell with Exhibits B-K, #4 Affidavit of Roy Croy, #5 Affidavit of Dr. Hillard, #6 Affidavit of Terrie Hubbard, #7 Affidavit of Dr. Liner, #8 Affidavit of Dr. Norwood, #9 Affidavit of Dr. Schneiderman, #10 Affidavit of Dr. Krishen) (Branch, Jennifer). Added MOTION for Preliminary Injunction on 10/29/2019 (bjc).
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Filing 135
ORDER granting #131 Motion for Leave to File Document Under Seal filed by Women's Med Group Professional Corporation. Signed by Judge Michael R. Barrett on 9/13/19. (ba)
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Filing 134
ORDER re #129 Motion for Leave to Appear Pro Hac Vice filed by Women's Med Group Professional Corporation; the Clerk is directed to refund Plaintiff Women's Med Group Professional Corporation or sponsoring attorney Jennifer L. Branch for the 2nd filing fee paid ($200.00) at #130 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Michael R. Barrett on 9/13/19. (ba)
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Filing 133
ORDER granting #131 Motion for Leave to File Excess Pages. Signed by Judge Michael R. Barrett on 9/13/19. (ba)
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Filing 132
ORDER granting #130 Motion for Leave to Appear Pro Hac Vice of Rachel Reeves for Plaintiff Women's Med Group Professional Corporation. Signed by Judge Michael R. Barrett on 9/9/19. (ba)
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Filing 131
Unopposed MOTION for Leave to File Excess Pages , Unopposed MOTION to File Document Under Seal by Plaintiff Women's Med Group Professional Corporation. (Attachments: #1 Text of Proposed Order to Exceed Page Limit, #2 Text of Proposed Order to File Under Seal) (Branch, Jennifer)
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Filing 130
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7088974) of Rachel Reeves by Plaintiff Women's Med Group Professional Corporation. (Attachments: #1 Exhibit Certificate of Good Standing for Rachel Reeves) (Branch, Jennifer)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 8/22/2019; Jennifer Branch, Jessie Hill and Elizabeth Watson appeared for plaintiffs; Tiffany Carwile and Heather Buchanan appeared for defendant; case to proceed as discussed. (ba)
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NOTATION ORDER: Plaintiff Women's Med Group Professional Corporation's #129 Motion for Admission Pro Hac Vice regarding Rachel Reeves is DENIED WITHOUT PREJUDICE TO RENEW. S.D. Ohio Civ. R. 83.3(e) requires submission of an original certificate of good standing from the highest court of a State that has been issued "not more than three months prior to the date of the motion." The instant Motion was filed on 8/12/2019. However, the certificate regarding Ms. Reeves was issued 5/3/2019, slightly more than three months prior to 8/12/2019. Upon submission of an updated certificate regarding Ms. Reeves, the Court will reconsider the Motion, which is compliant in all other respects. Signed by Judge Michael R. Barrett on 8/14/2019. (ba)
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Filing 129
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7057965) of Rachel Reeves by Plaintiff Women's Med Group Professional Corporation. (Attachments: #1 Exhibit Certificate of Good Standing) (Branch, Jennifer)
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Filing 128
NOTICE of Substitution of Counsel - Heather L. Buchanan substituting for Sarah E. Pierce as to Defendant Richard Hodges. (Buchanan, Heather)
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Filing 127
NOTICE of Substitution of Counsel - J. Andrew Fraser substituting for Zachery P. Keller as to Defendant Richard Hodges. (Fraser, J.)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 5/29/2019; Jennifer Branch appeared for Plaintiffs; Tiffany Carwile appeared for Defendant; case to proceed as discussed with the Court. (ba)
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Filing 126
ORDER granting #123 Motion for Leave to Appear Pro Hac Vice of Julie A. Murray for Plaintiff Planned Parenthood Southwest Ohio Region. Signed by Judge Michael R. Barrett on 5/3/19. (ba)
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Filing 125
NOTICE by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation re #122 Order on Motion to Compel,, to the Court of Expert Access to Patient Files (Branch, Jennifer)
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NOTATION ORDER granting #124 Motion to Withdraw Counsel for Defendant Director of the Ohio Department of Health. Attorneys Nicole M. Koppitch and Steven T. Vogt are hereby withdrawn and terminated as counsel in the civil action. Signed by Judge Michael R. Barrett on 5/1/2019. (ba)
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Filing 124
MOTION to Withdraw Nicole M. Koppitch and Steven T. Voigt as Counsel by Defendant Richard Hodges. (Attachments: #1 Text of Proposed Order) (Coontz, Bridget)
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Filing 123
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6895197) of Julie A. Murray by Plaintiff Planned Parenthood Southwest Ohio Region. (Attachments: #1 Exhibit Julie Murray Certificate of Good Standing) (Branch, Jennifer)
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Filing 122
ORDER denying #92 Motion to Compel; the Court ORDERS that Plaintiffs provide Defendant, within 30 days of the date of this order, (1) a Form 51, Post-Abortion Complication Log, for all complications treated at PPSWO since mid-2014 and a similar summary from WMGPC since January 2011 and (2) the PCR forms, if available, from the 20 patient charts PPSWO identified and from the 34 patient charts WMGPC identified with respect to Defendants second group of requested documents. Signed by Judge Michael R. Barrett on 3/31/19. (ba)
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Filing 121
ORDER denying #94 Motion for Protective Order. Signed by Judge Michael R. Barrett on 3/31/19. (ba)
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Filing 120
ORDER granting in part and referring in part re #96 MOTION for In Camera Review filed by Women's Med Group Professional Corporation and Planned Parenthood Southwest Ohio Region and #111 Motion for In Camera Review filed by Women's Med Group Professional Corporation and Planned Parenthood Southwest Ohio Region. Signed by Judge Michael R. Barrett on 3/31/19; 16 identified documents will be provided to MJ Litkovitz for her in camera review within 30 days of the entry of this Order. (ba) Modified on 3/31/2019 (ba) to edit text and regenerate the NEF.
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Filing 119
ORDER granting #117 Motion for Leave to Appear Pro Hac Vice of Elizabeth K. Watson for Plaintiff Women's Med Group Professional Corporation. Signed by Judge Michael R. Barrett on 1/8/19. (ba)
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Filing 118
NOTICE by Plaintiff Women's Med Group Professional Corporation re #117 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6716312) of Elizabeth K. Watson Certificate of Good Standing (Branch, Jennifer)
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Filing 117
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6716312) of Elizabeth K. Watson by Plaintiff Women's Med Group Professional Corporation. (Attachments: #1 Exhibit Certificate of Good Standing Elizabeth K. Watson) (Branch, Jennifer)
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Filing 116
ORDER granting #115 Motion to Withdraw as Attorney. Attorney Jennifer Keighley terminated. Signed by Judge Michael R. Barrett on 11/13/18. (ba)
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Filing 115
MOTION to Withdraw as Attorney by Plaintiff Planned Parenthood Southwest Ohio Region. (Keighley, Jennifer)
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Filing 114
ORDER finding as moot #93 Motion for Protective Order. Signed by Judge Michael R. Barrett on 10/30/18. (ba)
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Filing 113
Minute Entry for proceedings held before Judge Michael R. Barrett: Motion Hearing held on 8/22/2018 re #95 MOTION to Compel ODH Director Himes and former Director Hodges to Respond to Certain Deposition Questions filed by Women's Med Group Professional Corporation, Planned Parenthood Southwest Ohio Region, #94 MOTION for Protective Order filed by Richard Hodges, #111 Supplemental MOTION for InCamera Review filed by Women's Med Group Professional Corporation, Planned Parenthood Southwest Ohio Region, #93 MOTION for Protective Order Quashing Plaintiff's June 21, 2018 Subpoena filed by Governor of Ohio, #96 MOTION for InCamera Review filed by Women's Med Group Professional Corporation, Planned Parenthood Southwest Ohio Region, #92 MOTION to Compel Document Production filed by Richard Hodges; counsel present; arguments heard; parties to notify the Court regarding disposition of #93 and #94 ; a follow up conference to be set following a ruling. (Court Reporter: Maryann Maffia) (ba)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 8/13/2018; Jennifer Branch, Beatrice Hill and Jennifer Keighley appeared for Plaintiff; Zachery Keller, Tiffany Carwile and Bridget Coontz appeared for Defendant Hodges; Julia Kaye appearend for Dft Women's Med Group; the Motion Hearing is reset for 8/22/2018 at 10:00 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett as to #92 MOTION to Compel Document Production, #94 MOTION for Protective Order , #95 MOTION to Compel ODH Director Himes and former Director Hodges to Respond to Certain Deposition Questions, #93 MOTION for Protective Order Quashing Plaintiff's June 21, 2018 Subpoena. (ba)
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NOTICE of Hearing: Please be aware that due to a conflict in the Court's schedule, the hearing set for 8/13/18 is here by converted into a Status Conference and will remain set for 8/13/2018 at 10:00 AM but will be conducted by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 2/12/18 for conferencing instructions (ba)
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Filing 112
RESPONSE in Opposition re #111 Supplemental MOTION for InCamera Review filed by Defendant Richard Hodges. (Carwile, Tiffany)
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Filing 111
Supplemental MOTION for InCamera Review by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: #1 Unreported case) (Branch, Jennifer)
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Notice of Correction: Please disregard [FORMER DOC. 109] Response in Opposition to Motion - incorrect pdfs attached. See doc. #110 for proper filing. (eh)
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Filing 110
RESPONSE in Opposition re #94 MOTION for Protective Order filed by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: #1 Exhibit A through F) (Branch, Jennifer)
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Filing 109
[FORMER DOC. 109. PLEASE DISREGARD. FILED IN ERROR.] RESPONSE in Opposition re #94 MOTION for Protective Order filed by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: #1 Exhibit A (CAR form), #2 Exhibit B (ODH REPORT 2014), #3 Exhibit C (Objections third party subpoena), #4 Exhibit D (ODH response to Second Request), #5 Exhibit E (email re produce documents later date), #6 Exhibit F (July 18 letter)) (Branch, Jennifer) Modified docket text on 8/1/2018 (eh).
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Filing 107
RESPONSE in Opposition re #92 MOTION to Compel Document Production filed by Plaintiff Planned Parenthood Southwest Ohio Region. (Attachments: #1 Exhibit Exhibit A - SEALED, #2 Exhibit Exhibit B - SEALED, #3 Exhibit Exhibit C - SEALED, #4 Exhibit Exhibit D - SEALED, #5 Exhibit Exhibit E - SEALED, #6 Exhibit Exhibit F - SEALED, #7 Exhibit Exhibit G - Lawson Declaration, #8 Exhibit Exhibit H - Haskell Declaration, #9 Exhibit Exhibit I - Krishen Declaration, #10 Exhibit Exhibit J - Hubbard Declaration, #11 Exhibit Exhibit K - Branch Declaration, #12 Exhibit Exhibit L - Confidential Abortion Report Form, #13 Exhibit Exhibit M - Post-Abortion Care Report for Complications) (Keighley, Jennifer)
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Filing 106
RESPONSE in Opposition re #93 MOTION for Protective Order Quashing Plaintiff's June 21, 2018 Subpoena filed by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: #1 Exhibit A Branch and Coontz emails re PRR to Governor March 1 - March 9 2018, #2 Exhibit B Attachment to Subpoena to Governor Kasich draft 4.17.18, #3 Exhibit C Zach email to Branch still reviewin draft subpoena 4.27.18, #4 Exhibit D Branch email to Zach with Subpoena 6.21.18, #5 Exhibit E Adams Email, #6 Exhibit F Privilege log, #7 Exhibit G July 3, 2018 Letter from Zach, #8 Exhibit H July 18, 2018 deposition follow-up letter, #9 Exhibit I PPGOH and TS Management Subpoena with requests) (Branch, Jennifer)
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Filing 105
RESPONSE in Opposition re #96 MOTION for InCamera Review filed by Defendant Richard Hodges. (Attachments: #1 Exhibit A - Plaintiffs' Privilege Log, #2 Exhibit B - Excertps from Lance Himes Deposition) (Carwile, Tiffany)
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Filing 104
RESPONSE in Opposition re #95 MOTION to Compel ODH Director Himes and former Director Hodges to Respond to Certain Deposition Questions filed by Defendant Richard Hodges. (Attachments: #1 Exhibit Variance Grant, #2 Exhibit Variance Denial, #3 Exhibit Variance Application, #4 Exhibit Declaration of Lance Himes) (Keller, Zachery)
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Filing 103
NOTICE to Take Deposition of Jessica Crews and John Paulson by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer)
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Filing 102
NOTICE of Appearance by Jennifer Keighley for Interested Party Planned Parenthood of Greater Ohio (Keighley, Jennifer)
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Filing 101
NOTICE of Appearance by Carrie Y. Flaxman for Interested Party Planned Parenthood of Greater Ohio (Flaxman, Carrie)
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Filing 100
NOTICE of Appearance by Jennifer Lynn Branch for Interested Party T&S Management of Columbus, LLC (Branch, Jennifer)
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Filing 99
NOTICE of Appearance by Jennifer Lynn Branch for Interested Party Planned Parenthood of Greater Ohio (Branch, Jennifer)
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Filing 98
ORDER granting #97 Motion to File Document Under Seal. Signed by Judge Michael R. Barrett on 7/26/18. (ba)
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Filing 97
MOTION to File Document Under Seal by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: #1 Text of Proposed Order) (Branch, Jennifer)
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Filing 96
MOTION for InCamera Review by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Branch, Jennifer)
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Filing 95
MOTION to Compel ODH Director Himes and former Director Hodges to Respond to Certain Deposition Questions by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Hartman, Ruth)
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Filing 94
MOTION for Protective Order by Defendant Richard Hodges. (Attachments: #1 Exhibit 1 PPSWO v Hodges Plaintiffs Third RFPD 6.14.18, #2 Exhibit 2 PPSWO v Hodges Plaintiffs Second RFPD 5.14.18) (Keller, Zachery)
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Filing 93
MOTION for Protective Order Quashing Plaintiff's June 21, 2018 Subpoena by Interested Party Governor of Ohio. (Attachments: #1 Exhibit 1 Subpoeana Duces Tecum to Governor Kasich with attachment and signed, #2 Exhibit 2 April 17, 2018 email, #3 Exhibit 3 Attachment to Subpoena to Governor Kasich draft 4.17.18, #4 Exhibit 4 April 27, 2018 email, #5 Exhibit 5 June 21, 2018 email, #6 Exhibit 6 March 23, 2018 email, #7 Exhibit 7 (May 21, 2018 email) (Keller, Zachery)
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Filing 92
MOTION to Compel Document Production by Defendant Richard Hodges. (Attachments: #1 Exhibit 1 RFP PPSWO, #2 Exhibit 2 RFP WMGPC, #3 Exhibit 3 Responses to Request for Documents, #4 Exhibit 4 Pltf Response to RFPD PPSWO - FINAL 3.9.18, #5 Exhibit 5 WMGPC Response to RFP - Final, #6 Exhibit 6 2018 04 30 letter re_Plaintiffs_discovery objections)2018 04 30 letter re_Plaintiffs_discovery objections, #7 Exhibit 7 Zachary Keller ltr response to his April 30 ltr 5.15.18, #8 Exhibit 8 Zachary Keller April 30 ltr supplemental response 5.17.18, #9 Exhibit 9 Plaintiffs' Letter re Discovery Dispute on Patient 6.1.2018, #10 Exhibit 10 RFP directed to PPGOH, #11 Exhibit 11 RFP on T&S Management, #12 Exhibit 12 Zachary Keller ltr Objections to PPGOH and TSM subpoenas 5.10.18) (Keller, Zachery)
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Filing 91
SECOND SUPPLEMENTAL PROTECTIVE ORDER REGARDING DEPOSITION OF PHYSICIAN. Signed by Judge Michael R. Barrett on 7/12/18. (ba)
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Filing 90
NOTICE of Appearance by Nicole M. Koppitch for Defendant Richard Hodges (Koppitch, Nicole)
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Filing 89
AGREED CALENDAR ORDER re 6/28/18 Status Conference: Motions due by 7/13/2018. Responses due 7/27/18; hearing remains set for 8/13/18. Signed by Judge Michael R. Barrett on 7/5/18. (ba)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Discovery Conference held on 6/28/2018; Jennifer Branch, Jennifer Keighley, Ruth Hartman, Beatrice Hill and Julia Kaye appeared for Plaintiffs; Tiffany Carwile, Bridget Coontz and Zachery Keller appeared for Defendant; the calendar in this matter is temporarily stayed; the parties shall file their discovery motions by 7/6/18; a Hearing on their motions is set for 8/13/2018 at 10:00 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. (ba)
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Filing 88
NOTICE to Take Deposition of Roy Croy by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer)
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NOTICE of Hearing: Please be aware that a Discovery Conference is set for 6/27/2018 at 03:30 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 2/12/18 for conferencing instructions (ba)
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NOTICE OF CORRECTION: The Discovery Hearing is set for 6/28/2018 at 03:30 PM by teleconference before Judge Michael R. Barrett and NOT 6/27/18. NOTE: parties shall refer to the entry on 2/12/18 for conferencing instructions (ba)
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Filing 87
NOTICE of Appearance by Sarah Elaine Pierce for Defendant Richard Hodges (Pierce, Sarah)
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Filing 86
NOTICE to Take Deposition of Clint Koenig, M.D. by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer)
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Filing 85
SUPPLEMENTAL PROTECTIVE ORDER. Signed by Judge Michael R. Barrett on 6/5/18. (ba)
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Filing 84
Amended #83 NOTICE to TAKE DEPOSITIONS of Lance Himes and Richard Hodges by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer) Modified to edit text to reflect this pleading amended the 6/12/18 depo time as stated in #83 Notice on 6/6/2018 (mr).
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Filing 83
NOTICE to Take Deposition of Lance Himes and Richard Hodges by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer)
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Filing 82
NOTICE of Appearance by Steven T Voigt for Defendant Richard Hodges (Voigt, Steven)
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Filing 81
NOTICE by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation of Rule 30(b)(6) Deposition to The Ohio Department of Health (Branch, Jennifer)
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Filing 80
ORDER denying without prejudice to refiling re #75 Motion to Compel. Signed by Judge Michael R. Barrett on 4/18/18. (ba)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 4/18/2018; Jennifer Branch, Jennifer Keighley and Julia Kaye appeared for Plaintiff; Bridget Coontz, Tiffany Carwile and Zachery Keller appeared for Defendant; parties to coordinate dates for their depositions with Judge Barrett present and report to the Court. (ba)
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Filing 79
Minute Entry for proceedings held before Judge Michael R. Barrett: Motion Hearing held on 4/4/2018 re #75 MOTION to Compel the Deposition of Witness Diane Brey and to Compel the Testimony of Witnesses Diane Brey, Richard Hodges, Lance Himes, and Mary DiOrio filed by Women's Med Group Professional Corporation, Planned Parenthood Southwest Ohio Region; counsel present; arguments heard - Court's decision to follow; a follow up Status Conference is set for 4/18/2018 at 10:30 AM by teleconference before Judge Michael R. Barrett. (Court Reporter: Maryann Maffia) (ba)
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Filing 78
RESPONSE in Opposition re #75 MOTION to Compel the Deposition of Witness Diane Brey and to Compel the Testimony of Witnesses Diane Brey, Richard Hodges, Lance Himes, and Mary DiOrio filed by Defendant Richard Hodges. (Attachments: #1 Exhibit 1, Diane Brey Declaration, #2 Exhibit 2, Plaintiffs First Set of Discovery Requests, #3 Exhibit 3, Emails, memos) (Coontz, Bridget)
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Filing 77
ORDER granting #76 Motion for Leave to File Excess Pages. Signed by Judge Michael R. Barrett on 3/22/18. (ba)
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Filing 76
Unopposed MOTION for Leave to File Excess Pages of Discovery Brief [not to exceed 26 substantive pages] by Defendant Richard Hodges. (Coontz, Bridget)
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Filing 75
MOTION to Compel the Deposition of Witness Diane Brey and to Compel the Testimony of Witnesses Diane Brey, Richard Hodges, Lance Himes, and Mary DiOrio by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: #1 Exhibit A. Zachery Letter re Depositons) (Branch, Jennifer)
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Filing 74
AMENDED CALENDAR ORDER: Motion to Compel due 3/12/18; responses due 3/22/18; hearing set 4/4/2018 at 2:00 pm, Courtroom 109. Lay Witness due by 4/2/2018. Status Conference/Final Pretrial Conference set for 11/30/2018 at 02:30 PM in Chambers before Judge Michael R. Barrett. Parties' Primary Expert due by 8/1/2018. Parties' Rebuttal Expert due by 11/1/2018. Expert Discovery due by 11/30/2018. Bench trial 2/2019; post-trial briefs due 4 weeks after close of trial. Signed by Judge Michael R. Barrett on 3/6/18. (ba)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 2/28/2018; Jennifer Branch, Ruth Hartman, Jessie Hill, Julia Kaye and Jennifer Keighley appeared for Plaintiffs; Bridget Coontz and Zachery Keller appeared for Defendant Hodges; Elizabeth Bonham appeared for ACLU of Ohio; calendar order to follow. (ba)
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Filing 73
NOTICE of Substitution of Counsel - Bridget C Coontz substituting for Ryan L. Richardson as to Defendant Richard Hodges. (Coontz, Bridget)
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Filing 72
PROTECTIVE ORDER. Signed by Judge Michael R. Barrett on 9/21/17. (ba)
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Filing 71
ORDER granting #70 MOTION to Stay Discovery and Case Schedule filed by Richard Hodges; the Calendar Orders at #40 , #53 and #66 are vacated; parties shall notify the Court to schedule a status conference 14 days after the Supreme Court of Ohio enters its final decision in Capital Care Network of Toledo v. State of Ohio Dept. of Health , No. 2016-1348. Signed by Judge Michael R. Barrett on 6/20/17. (ba)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Motion Hearing held on 6/6/2017 re #70 MOTION to Stay Discovery and Case Schedule filed by Richard Hodges; Jennifer Branch appeared for Plaintiff; Tiffany Carwile, Zachary Keller and Ryan Richardson appeared for Defendant Hodges; order to follow. (ba)
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NOTICE of Status Conference re #70 MOTION to Stay Discovery and Case Schedule; Please e aware that a Status Conference is set for 6/6/2017 at 09:30 AM by teleconference before Judge Michael R. Barrett; parties shall refer to #10 Notice of Telephone Conference for conferencing instructions. (ba)
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Filing 70
MOTION to Stay Discovery and Case Schedule by Defendant Richard Hodges. (Attachments: #1 Exhibit A Capital Care Merit Brief, #2 Exhibit B Plaintiffs consolidated interrogatories, document requests, and requests for admissions, #3 Exhibit C Adjudication Order, #4 Exhibit D Common Pleas Court Decision, #5 Exhibit E Womens Med Reply Brief) (Richardson, Ryan)
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Filing 69
NOTICE of Appearance by Michael Edward Mumford for Plaintiff Women's Med Group Professional Corporation (Mumford, Michael)
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Filing 68
NOTICE of Appearance by Ruth Ellen Hartman for Plaintiff Women's Med Group Professional Corporation (Hartman, Ruth)
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Filing 67
ORDER finding as moot #63 Motion to Withdraw as Attorney. Signed by Judge Michael R. Barrett on 2/6/17. (ba)
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Filing 66
ORDER granting #65 Motion for Extension of Time for deadline to disclose non-expert fact witnesses to 9/1/17. Signed by Judge Michael R. Barrett on 2/6/17. (ba)
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Filing 65
Joint MOTION to Amend Scheduling Order by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer) Modified docket text on 2/2/2017 (eh).
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Filing 64
NOTICE by Plaintiff Women's Med Group Professional Corporation re #63 MOTION to Withdraw as Attorney Jennifer Lee (Branch, Jennifer)
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Filing 63
MOTION to Withdraw as Attorney Jennifer Lee by Plaintiff Women's Med Group Professional Corporation. (Lee, Jennifer)
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Filing 62
ANSWER to #59 Amended Complaint filed by Richard Hodges. (Richardson, Ryan)
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Filing 61
NOTICE of Appearance by Zachery Paul Keller for Defendant Richard Hodges (Keller, Zachery)
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Filing 60
NOTICE of Substitution of Counsel - Tiffany L. Carwile substituting for Nicole M. Koppitch as to Defendant Richard Hodges. (Carwile, Tiffany)
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Filing 59
AMENDED COMPLAINT Second Amended Complaint for Declaratory and Injunctive Relief against Richard Hodges, filed by Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer)
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Filing 58
ORDER granting in part #55 Motion to Amend/Correct; plaintiffs may file a second amended complaint consistent with the Court's 9/21/16 #57 Opinion and Order within 14 days of the entry of this Order. Signed by Judge Michael R. Barrett on 9/27/16. (ba)
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Filing 57
ORDER granting #44 Motion to Dismiss claims against University of Cincinnati Medical Center, LLC and UC Health. Signed by Judge Michael R. Barrett on 9/20/16. (ba)
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Filing 56
ORDER granting #54 Motion for Leave to Appear Pro Hac Vice of Julia Kaye for Plaintiff Women's Med Group Professional Corporation. Signed by Judge Michael R. Barrett on 9/16/16. (ba)
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Filing 55
Unopposed MOTION to Amend/Correct to File Second Amended Complaint by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: #1 Exhibit Second Amended Complaint) (Branch, Jennifer)
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Filing 54
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-5656785) of Julie Kaye by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: #1 Exhibit Certificate of Good Standing for Julia Kaye) (Branch, Jennifer)
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Filing 53
ORDER re #40 Preliminary Pretrial Order granting #52 Unopposed MOTION for Extension of Time. Amended Pleadings due by 9/15/2016. 26(a) Disclosures due 9/15/16. Motions directed to pleadings due by 10/17/2016. Signed by Judge Michael R. Barrett on 7/19/16. (ba)
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Filing 52
Unopposed MOTION for Extension of Time New date requested 9/15/2016. deadline to amend the complaint and make 26a disclosures by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer)
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Filing 51
REPLY to Response to Motion re #44 MOTION to Dismiss for Lack of Standing filed by Defendants UC Health, University of Cincinnati Medical Center, LLC. (Sayre, Russell)
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Filing 50
RESPONSE in Opposition re #44 MOTION to Dismiss for Lack of Standing filed by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer)
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Filing 49
NOTICE by Plaintiff Women's Med Group Professional Corporation of Withdrawal of Co-Counsel (Dennis, Drew)
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Filing 48
ORDER granting #47 Motion for Extension of Time to File Response/Reply re #44 MOTION to Dismiss for Lack of Standing; Responses due by 4/7/2016. Signed by Judge Michael R. Barrett on 3/25/16. (ba)
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Filing 47
Unopposed MOTION for Extension of Time to File Response/Reply New date requested 4/7/2016. to Respond to Defendant University of Cincinnati Medical Center, LLC's and UC Health's Second Motion to Dismiss Raising Standing by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer)
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Filing 46
ORDER granting #45 Motion for Extension of Time; granting #45 Motion for Extension of Time to File Response/Reply re #44 MOTION to Dismiss for Lack of Standing; Responses due by 3/24/2016. Signed by Judge Michael R. Barrett on 2/29/16. (ba)
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Filing 45
Unopposed MOTION for Extension of Time New date requested 3/24/2016. , Unopposed MOTION for Extension of Time to File Response/Reply as to #44 MOTION to Dismiss for Lack of Standing New date requested 3/24/2016. ( Responses due by 3/21/2016) by Plaintiff Planned Parenthood Southwest Ohio Region. (Branch, Jennifer)
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Filing 44
MOTION to Dismiss for Lack of Standing by Defendants UC Health, University of Cincinnati Medical Center, LLC. Responses due by 2/25/2016 (Sayre, Russell)
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Filing 43
Affirmative Defenses and ANSWER to #42 Amended Complaint filed by Richard Hodges. (Koppitch, Nicole)
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Filing 42
AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants, filed by Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer)
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Filing 41
ORDER finding as moot #30 Motion to Dismiss for Failure to State a Claim; granting #36 Motion to Amend/Correct; Plaintiff shall file her amended complaint electronically within 7 days of the entry of this Order. Signed by Judge Michael R. Barrett on 1/13/16. (ba)
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Filing 40
CALENDAR ORDER: Amended Pleadings due by 8/1/2016. Motions directed to pleadings due by 9/1/2016. Lay Witness due by 2/1/2017. Status Conference set for 10/6/2017 at 09:30 AM by teleconference before Judge Michael R. Barrett. Plaintiff Primary Expert due by 5/1/2017. Plaintiff Rebuttal Expert due by 9/1/2017. Defendant Primary Expert due by 8/1/2017. Discovery due by 10/1/2017. Bench Trial set for 12/1/2017 09:30 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. Signed by Judge Michael R. Barrett on 1/13/16. (ba)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Scheduling Conference held on 1/13/2016; Jennifer Branch and Beatrice Hill appeared for Plaintiff; Ryan Richardson and Nicole Koppitch appeared for Defendant Hodges; Russell Sayre appeared for Defendants UC Health and UCMC; calendar order to follow. (ba)
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Filing 39
RULE 26(f) REPORT and Joint Discovery Plan by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation, Defendants. (Branch, Jennifer) Modified to include defendants as filer on 2/1/2016 (eh).
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Filing 38
REPLY to Response to Motion re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants UC Health, University of Cincinnati Medical Center, LLC. (Sayre, Russell)
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NOTICE of Hearing: Please be aware that the Scheduling Conference set for 1/7/16 is RESET to 1/13/2016 at 09:30 AM and remains set by teleconference before Judge Michael R. Barrett; parties shall refer to #10 Notice of Telephone Conference for conferencing instructions. ; the Rule 26(f) deadline is reset for 1/7/16. (ba)
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Filing 37
RESPONSE in Opposition re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer)
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Filing 36
Unopposed MOTION to Amend/Correct Complaint by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. Responses due by 1/7/2016 (Attachments: #1 Proposed Amended Complaint) (Branch, Jennifer)
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Filing 35
ORDER granting #34 Motion for Extension of Time to File Response/Reply re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ; Responses due by 12/11/2015. Signed by Judge Michael R. Barrett on 11/16/15. (ba)
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NOTICE of Hearing: Please be aware that a Scheduling Conference is set for 1/7/2016 at 10:30 AM by teleconference before Judge Michael R. Barrett; Rule 26(f) Report is due 12/31/15; parties shall refer to #10 Notice of Telephone Conference for conferencing instructions. (ba)
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Filing 34
MOTION for Extension of Time to File Response/Reply as to #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 12/11/2015. by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer)
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Filing 33
Corporate Disclosure Statement by Defendants UC Health, University of Cincinnati Medical Center, LLC. (Sayre, Russell)
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Filing 32
ANSWER to #23 Amended Complaint and Affirmative Defenses filed by Richard Hodges. (Koppitch, Nicole)
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Filing 31
ANSWER to #1 Complaint, and Affirmative Defenses filed by Richard Hodges. (Koppitch, Nicole)
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Filing 30
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants UC Health, University of Cincinnati Medical Center, LLC. Responses due by 11/27/2015 (Sayre, Russell)
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Filing 29
WAIVER OF SERVICE Returned Executed. Waiver sent to Richard Hodges on 9/2/2015, answer due 11/2/2015. (Branch, Jennifer)
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Filing 28
ORDER granting #24 Motion for Preliminary Injunction; PPSWO is not required to post bond. Signed by Judge Michael R. Barrett on 10/13/15. (ba)
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Filing 27
REPLY to Response to Motion re #24 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer)
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Filing 26
RESPONSE in Opposition re #24 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendant Richard Hodges. (Richardson, Ryan)
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Notice of Correction re #24 MOTION for Temporary Restraining Order; NOTICE of Briefing Schedule is related to #24 MOTION for Preliminary Injunction and NOT the TRO component. Per agreement of the parties, Defendant shall file his memorandum in opposition by October 6, 2015 and Plaintiff shall file its reply in support by October 9, 2015. The parties agree to waive discovery, a hearing, and oral argument on Doc. #24 unless requested by the Court. (eh) (ba)
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NOTICE of Briefing Schedule re #24 MOTION for Temporary Restraining Order. Per agreement of the parties, Defendant shall file his memorandum in opposition by October 6, 2015 and Plaintiff shall file its reply in support by October 9, 2015. The parties agree to waive discovery, a hearing, and oral argument on Doc. #24 unless requested by the Court. (eh)
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Filing 25
ORDER granting #24 Motion for TRO and Defendant Richard Hodges, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with Defendant who receive actual notice of this Order, are TEMPORARILY RESTRAINED from enforcing Ohio Rev. Code 3702.309. It is further ORDERED that Plaintiffs license shall not be suspended pursuant to the Automatic Suspension Provision of Ohio Rev. Code 3702.309 while this Temporary Restraining Order is in place.This Temporary Restraining Order shall expire on October 13, 2015 at 5:00 p.m., unless extended by the parties and the Court.Plaintiff shall not be required to post bond.. Signed by Judge Michael R. Barrett on 9/30/15. (wam)
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Filing 24
MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Plaintiff Planned Parenthood Southwest Ohio Region. (Attachments: #1 Affidavit Lawson Second Declaration, #2 Text of Proposed Order TRO and PI) (Branch, Jennifer). Added MOTION for Preliminary Injunction on 10/2/2015 (sct).
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Filing 23
AMENDED COMPLAINT First Supplemental Complaint for Injunction against Richard Hodges, filed by Planned Parenthood Southwest Ohio Region. (Branch, Jennifer)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 9/29/2015; Al Gerhardstein, Jennifer Keighley, Jennifer Branch, and Beatrice Hill appeared for Plaintiff; Ryan Richardson and Nichole Koppitch and Russell Sayre appeared for Defendants; plaintiff to amend complaint/TRO. (ba)
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Filing 22
AGREED ORDER finding as moot #3 MOTION for Preliminary Injunction ; The parties therefore agree and it is hereby ORDERED that Plaintiffs Preliminary Injunction Motion is moot as to Plaintiffs variance requests pending when the motion was filed, as Director Hodges can take no action to levy monetary penalties, seek an injunction, or otherwise take action pursuant to Ohio Rev. Code 3702.32(A) against Planned Parenthood Southwest Ohio Region or Womens Med Center of Dayton based upon the variance denials recited above until the administrative proceedings are finally concluded. It is furtherORDERED that Plaintiffs licenses shall not, during the administrative proceedings, be suspended pursuant to the Automatic Suspension Provision of Ohio Rev. Code 3702.309 on the basis of the denials recited above. This Order does not relate to the variance application filed by Plaintiff Planned Parenthood Southwest Ohio on 9/28/15. Counsel is ORDERED to confer with the Court relating to the 9/28/15 variance application on 9/29/15 at 1:30 p.m. by teleconference; paries shall refer to #10 Notice of Telephone Conference for conferencing instructions. (ba)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 9/28/2015; Al Gerhardstein, Jennifer Keighley and Jennifer Branch appeared for Plaintiffs; Ryan Richardson, Nicole Koppitch appeared for Defendant Hodges; Russell Sayre appeared for UC Health and UC Medical Center; parties to submit an Order in accordance with discussions. (ba)
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NOTICE TERMINATING DEADLINES/HEARINGS - Please be aware that the hearing set for 9/28/15 is VACATED. (ba)
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Filing 21
REPLY to Response to Motion re #3 MOTION for Preliminary Injunction filed by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Branch, Jennifer)
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Filing 20
ORDER granting #17 Motion for Leave to Appear Pro Hac Vice of Jennifer Keighley for Plaintiff Planned Parenthood Southwest Ohio Region. Signed by Judge Michael R. Barrett on 9/24/15. (ba)
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Filing 19
RESPONSE in Opposition re #3 MOTION for Preliminary Injunction filed by Defendant Richard Hodges. (Koppitch, Nicole)
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Filing 18
WAIVER OF SERVICE Returned Executed. Waiver sent to UC Health on 9/2/2015, answer due 11/2/2015; University of Cincinnati Medical Center, LLC on 9/2/2015, answer due 11/2/2015. (Branch, Jennifer)
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Filing 17
MOTION for Leave to Appear Pro Hac Vice of Jennifer Keighley (Filing fee $ 200, receipt number 0648-5200696) by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: #1 Exhibit Certificate of Good Standing) (Branch, Jennifer)
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Filing 16
ORDER granting #7 Motion for Leave to Appear Pro Hac Vice of Jennifer Lee for Plaintiff Women's Med Group Professional Corporation. Signed by Judge Michael R. Barrett on 9/8/15. (ba)
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Filing 15
ORDER granting #6 Motion for Leave to Appear Pro Hac Vice of Brigitte Amiri for Plaintiff Women's Med Group Professional Corporation. Signed by Judge Michael R. Barrett on 9/8/15. (ba)
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Filing 14
ORDER granting #12 Motion for Leave to Appear Pro Hac Vice of Carrie Y. Flaxman for Plaintiff Planned Parenthood. Signed by Judge Michael R. Barrett on 9/8/15. (ba)
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Filing 13
NOTICE of Appearance by Jonathan D. Tebbs for Defendants UC Health, University of Cincinnati Medical Center, LLC (Tebbs, Jonathan)
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Filing 12
MOTION for Leave to Appear Pro Hac Vice of Carrie Y. Flaxman (Filing fee $ 200, receipt number 0648-5193570) by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: #1 Exhibit Certificate of Good Standing) (Gerhardstein, Alphonse)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 9/4/2015 re #3 MOTION for Preliminary Injunction filed by Women's Med Group Professional Corporation, Planned Parenthood Southwest Ohio Region; Alphonso Gerhardstein, Jennifer Branch, Jennifer Keighly, Beatrice Hill appeared for Plaintiff; Ryan Richardson, Nicole Koppitch appeared for Defendant Ohio Atty General; Russell Sayre appeared for Defendants UC Health/UCMC; a briefing schedule/hearing set: Responses due by 9/18/2015. Replies due by 9/24/2015. the Motion Hearing is set for 9/28/2015 01:00 PM at in Courtroom 109 - Cincinnati before Judge Michael R. Barrett re #3 MOTION for Preliminary Injunction ; the Court will issue a letter related to any potential conflict to the parties - parties to respond as necessary. (ba)
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Filing 11
NOTICE of Appearance by Drew S. Dennis for Plaintiff Women's Med Group Professional Corporation (Dennis, Drew)
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Filing 10
NOTICE: Please be aware that a Status Conference regarding #3 Motion for Preliminary Injunction is set for 9/4/2015 at 11:00 AM by teleconference before Judge Michael R. Barrett; YOU MUST ACCESS THIS DOCUMENT TO OBTAIN CONFERENCING INFORMATION. PLEASE BE AWARE THAT YOU MUST BE LOGGED INTO CM/ECF THROUGH THE COURTS WEBSITE (NOT PACER) AT WWW.OHSD.USCOURTS.GOV USING YOUR OWN PASSWORD BEFORE RETRIEVING THIS DOCUMENT THROUGH THE NOTICE OF ELECTRONIC FILING. NOTE: You will be required to use this information each time the Court conducts a telephone conference. (ba)
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Filing 9
NOTICE of Appearance by Nicole M. Koppitch for Defendant Richard Hodges (Koppitch, Nicole)
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Filing 8
NOTICE of Appearance by Ryan L. Richardson for Defendant Richard Hodges (Richardson, Ryan)
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Filing 7
MOTION for Leave to Appear Pro Hac Vice of Jennifer Lee (Filing fee $ 200, receipt number 0648-5191246) by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: #1 Exhibit Certificate of Good Standing) (Branch, Jennifer)
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Filing 6
MOTION for Leave to Appear Pro Hac Vice of Brigitte Amiri (Filing fee $ 200, receipt number 0648-5191240) by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: #1 Exhibit Certificate of Good Standing) (Branch, Jennifer)
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Filing 5
NOTICE of Appearance by Russell S Sayre for Defendants UC Health, University of Cincinnati Medical Center, LLC (Sayre, Russell)
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***If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (jee)
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Filing 4
ORDER OF RECUSAL. Judge Timothy S. Black recused. Case reassigned to Judge Michael R. Barrett for all further proceedings. Signed by Judge Timothy S. Black on 9/1/2015. (mr)
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Filing 3
MOTION for Preliminary Injunction by Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: #1 Affidavit with attachments, #2 Affidavit with attachments, #3 Exhibit Sec.737.13, #4 Exhibit Sec. 3702.304) (Branch, Jennifer)
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Filing 2
NOTICE of Appearance by Alphonse Adam Gerhardstein for Plaintiffs Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation (Gerhardstein, Alphonse)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-5189207), filed by Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: #1 Civil Cover Sheet) (Branch, Jennifer)
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