Preterm-Cleveland et al v. Himes et al
The American Civil Liberties Union filed this lawsuit on behalf of Planned Parenthood of Ohio, challenging Ohio's recently enacted law that criminalizes performing an abortion if the person performing the abortion knows that one reason for the woman's decision to terminate her pregnancy is a fetal indication of Down syndrome. The plaintiffs allege that the law infringes on women's constitutional right to abortion.
| Preterm-Cleveland, Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation, Roslyn Kade and Planned Parenthood of Greater Ohio |
| Lance Himes, Joseph T. Deters, Michael C. O'Malley, Mat Jr. Heck, Ron O'Brien, Kim G. Rothermel and Bruce R. Saferin |
| 1:2018cv00109 |
| February 15, 2018 |
| U.S. District Court for the Southern District of Ohio |
| Cincinnati Office |
| CUYAHOGA |
| Timothy S. Black |
| Other Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on August 15, 2018. A more recent docket listing may be available from PACER.
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Notation Order: For good cause shown, the Court GRANTS the State Defendants' unopposed motion to stay district court proceedings until after the Sixth Circuit's decision on the State Defendants' appeal of the Preliminary Injunction (Doc. 33 ). Accordingly, this action--including briefing pertaining to Plaintiffs' motion for attorney fees (Doc. 32 )--is STAYED pending further Order of this Court. The Court will set a status conference after the Sixth Circuit issues a decision on the State Defendants' appeal. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 5/14/18. (jlm)
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| Filing 33 Unopposed MOTION to Stay re 30 Notice of Interlocutory Appeal, 32 MOTION for Attorney Fees and all discovery and other proceedings by Defendants Lance Himes, Kim G. Rothermel, Bruce R. Saferin. (Attachments: # 1 Text of Proposed Order) (Voigt, Steven) |
| Filing 32 MOTION for Attorney Fees by Plaintiffs Roslyn Kade, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Attachments: # 1 Affidavit of Elizabeth Bonham with CV Attached, # 2 Affidavit of Jennifer Branch with CV Attached, # 3 Affidavit of Anne Clark, # 4 Affidavit of Melissa Cohen with CV Attached, # 5 Affidavit of Carrie Flaxman with CV Attached, # 6 Affidavit of Jessie Hill with CV Attached, # 7 Affidavit of Freda Levenson with CV Attached, # 8 Affidavit of Alexa Kolbi-Molinas with CV Attached, # 9 Affidavit of Kimberly Parker) (Branch, Jennifer) |
| Filing 31 USCA Case Number 18-3329 for 30 Notice of Interlocutory Appeal filed by Kim G. Rothermel, Bruce R. Saferin, Lance Himes. (pb) |
| USCA appeal fees received re 30 Notice of Interlocutory Appeal: $ 505. Receipt number: 200COL051807. (ew) |
| Filing 30 NOTICE OF INTERLOCUTORY APPEAL re 28 Order on Motion for TRO, Order on Motion for Preliminary Injunction Filing fee $ 505. by Defendants Lance Himes, Kim G. Rothermel, Bruce R. Saferin. (Voigt, Steven) |
| Filing 29 ANSWER to 1 Complaint, and Affirmative Defenses filed by Lance Himes, Kim G. Rothermel, Bruce R. Saferin. (Voigt, Steven) |
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Filing 28
ORDER GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION. Signed by Judge Timothy S. Black on 3/14/18. (jlm)
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| Filing 27 REPLY to Response to Motion re 3 MOTION for Temporary Restraining Order and/or Preliminary Injunction MOTION for Preliminary Injunction filed by Plaintiffs Roslyn Kade, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Attachments: # 1 Exhibit 1. Lappen CV, # 2 Affidavit of Emily Chestnut, # 3 Affidavit of Leesha Thrower) (Branch, Jennifer) |
| Notice of Correction re: 26 Reply (non motion), This document was filed incorrectly. Counsel was notified and will file using Civil Events Motions and Related Filings Responses and RepliesReply to Response to Motion and link the reply back to the proper motion. Clerk restricted 26 to court users only. (jlw) |
| Filing 26 *DISREGARD THIS ENTRY IT WAS FILED IN ERROR* Reply re 25 Response in Opposition to Motion, by Plaintiffs Roslyn Kade, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Attachments: # 1 Exhibit 1. Lappen CWRU CV 1.28.18, # 2 Affidavit of Emily Chestnut, # 3 Affidavit of Leesha Thrower) (Branch, Jennifer) Modified to restrict entry to court users only on 3/12/2018 (jlw). |
| Filing 25 RESPONSE in Opposition re 3 MOTION for Temporary Restraining Order and/or Preliminary Injunction MOTION for Preliminary Injunction filed by Defendants Lance Himes, Kim G. Rothermel, Bruce R. Saferin. (Attachments: # 1 Exhibit Exhibits A - L, # 2 Exhibit Exhibits M - Z, # 3 Exhibit Exhibits AA - II) (Voigt, Steven) |
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Filing 24
ORDER granting 5 Motion for Leave to Appear Pro Hac Vice of Carrie Flaxman. Signed by Judge Timothy S. Black on 3/1/18. (jlm)
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Filing 23
ORDER granting 6 Motion for Leave to Appear Pro Hac Vice of Alexa Kolbi Molinas. Signed by Judge Timothy S. Black on 3/1/18. (jlm)
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Filing 22
ORDER granting 7 Motion for Leave to Appear Pro Hac Vice of Melissa Cohen. Signed by Judge Timothy S. Black on 3/1/18. (jlm)
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| Filing 21 WAIVER OF SERVICE Returned Executed. Waiver sent to Lance Himes on 2/15/2018, answer due 4/16/2018; Kim G. Rothermel on 2/15/2018, answer due 4/16/2018; Bruce R. Saferin on 2/15/2018, answer due 4/16/2018. (Branch, Jennifer) |
| Filing 20 RESPONSE re 19 Defendant County Prosecutors' Notice by Plaintiffs Roslyn Kade, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation re 19 Notice (Other) in Response to (Branch, Jennifer) Modified on 2/28/2018 (jlw). |
| Filing 19 NOTICE by Defendants Joseph T. Deters, Mat Jr. Heck, Ron O'Brien, Michael C. O'Malley To Court Regarding Defense Provided By The County Prosecutors' Offices (Sears, Pamela) |
| Filing 18 NOTICE of Appearance by Arthur James Marziale, Jr for Defendant Ron O'Brien (Marziale, Arthur) |
| Filing 17 NOTICE of Appearance by James J. Barbiere for Defendant Joseph T. Deters (Barbiere, James) |
| Filing 16 NOTICE of Appearance by Michael Gerard Florez for Defendant Joseph T. Deters (Florez, Michael) |
| Filing 15 NOTICE of Appearance by Pamela J Sears for Defendant Joseph T. Deters (Sears, Pamela) |
| Filing 14 NOTICE of Appearance by Mary E Montgomery for Defendant Mat Jr. Heck (Montgomery, Mary) |
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Filing 13
[FORMER DOC. 13 - PLEASE DISREGARD; DOCKETED IN ERROR.] ORDER REASSIGNING CASE. Signed by Judge Timothy S. Black on 2/16/18. (jlm) Modified on 2/16/2018 (jlm). Modified docket text and document security on 2/20/2018 (eh).
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| Filing 12 NOTICE of Appearance by Melinda Snyder Osgood for Defendants Lance Himes, Kim G. Rothermel, Bruce R. Saferin (Osgood, Melinda) |
| If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (jlw) |
| Set/Reset Deadlines as to 3 MOTION for Temporary Restraining Order and/or Preliminary Injunction MOTION for Preliminary Injunction. Responses due by 3/2/2018 Replies due by 3/9/2018. (jlm) |
| Minute Entry and Notation Order: Pursuant to S.D. Ohio Civ. R. 65.1, this case came before the Court on 2/16/18 for an informal conference regarding Plaintiffs' motion for temporary restraining order and/or preliminary injunction (Doc. 3 ). Jennifer Branch, Jessie Hill, and Freda Levenson appeared on behalf of Plaintiffs; Steven Voigt, Melinda Snyder Osgood, Jim Harper, Pamela Sears, Michael Florez, James Barbiere, Mary Montgomery, Charles Cannon, and Art Marziale appeared on behalf of Defendants. The Court sets the following briefing schedule for resolution of Plaintiff's motion for preliminary injunction/TRO: Defendants' memorandum in opposition is due 3/2/18; Plaintiffs' Reply is due 3/9/18. The Court has reserved 3/12/18 at 1:00 p.m. for oral argument should the Court find oral argument appropriate. During the conference, counsel for the Cuyahoga, Montgomery, Franklin, and Hamilton County Prosecutors stated that their clients did not have an interest in the initial question of whether the legislation at issue in this case is constitutional, as their only potential involvement is as enforcers of the legislation should it become effective. Accordingly, the Cuyahoga, Montgomery, Franklin, and Hamilton County Prosecutors will rely on the briefs filed by the State Defendants. Counsel for Plaintiffs agreed to not seek attorney fees against the Cuygahoga, Montgomery, Franklin and Hamilton County Prosecutors relating to resolution of the issue of the constitutionality of the statute. IT IS SO ORDERED. (jlm) |
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Notation Order: Pursuant to Local Rule 65.1, this case is set for an informal preliminary conference regarding Plaintiffs' motion for temporary restraining order and preliminary injunction (Doc. 3 ) on 2/16/18 at 10:00 a.m. Pursuant to Local Rule 65.1, Plaintiffs' counsel shall immediately notify counsel for the Defendants, if known, or if not known, the Defendants, of the conference. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 2/16/18. (jlm)
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| Filing 11 NOTICE of Appearance by Tiffany L. Carwile for Defendants Lance Himes, Kim G. Rothermel, Bruce R. Saferin (Carwile, Tiffany) |
| Filing 10 NOTICE of Appearance by Steven T Voigt for Defendants Lance Himes, Kim G. Rothermel, Bruce R. Saferin (Voigt, Steven) |
| Filing 9 NOTICE of Appearance by Beatrice Jessie Hill for Plaintiff Preterm-Cleveland (Hill, Beatrice) |
| Filing 8 NOTICE of Appearance by Freda J Levenson for Plaintiff Preterm-Cleveland (Levenson, Freda) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6318672) of Melissa Cohen by Plaintiffs Roslyn Kade, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Attachments: # 1 Exhibit Certificate of Good Standing of Melissa Cohen) (Branch, Jennifer) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6318668) of Alexa Kolbi Molinas by Plaintiffs Roslyn Kade, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Attachments: # 1 Exhibit Certificate of Good Standing Alexa Kolbi Molinas) (Branch, Jennifer) |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6318656) of Carrie Flaxman by Plaintiffs Roslyn Kade, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Attachments: # 1 Exhibit Certificate of Good Standing of Carrie Flaxman) (Branch, Jennifer) |
| Filing 4 NOTICE of Appearance by Alphonse Adam Gerhardstein for Plaintiffs Roslyn Kade, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation (Gerhardstein, Alphonse) |
| Filing 3 MOTION for Temporary Restraining Order and/or Preliminary Injunction by Plaintiffs Roslyn Kade, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women's Med Group Professional Corporation. (Attachments: # 1 Affidavit of Justin Lappen, # 2 Affidavit of Iris Harvey, # 3 Affidavit of Chrisse France, # 4 Affidavit of Roslyn Kade, M.D., # 5 Text of Proposed Order Proposed TRO) (Branch, Jennifer). Added MOTION for Preliminary Injunction on 2/15/2018 (sct). |
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Filing 2
ORDER REASSIGNING CASE. Case reassigned to Judge Timothy S. Black for all further proceedings. Signed by Judge Susan J. Dlott on 2/15/18. (sct)
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| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-6318523), filed by Women's Med Group Professional Corporation, Planned Parenthood Southwest Ohio Region, Roslyn Kade, Preterm-Cleveland, Planned Parenthood of Greater Ohio. (Attachments: # 1 Civil Cover Sheet) (Branch, Jennifer) |
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