Planned Parenthood Southwest Ohio Region et al v. Yost et al
| Planned Parenthood of Greater Ohio, M.D. Sharon Liner, Women's Med Group Professional Corporation and Planned Parenthood Southwest Ohio Region |
| Ronald O'Brien, Michael O'Malley, Mathias Heck, Jr., David Yost and Joseph Deters |
| 1:2019cv00118 |
| February 14, 2019 |
| US District Court for the Southern District of Ohio |
| Michael R Barrett |
| Susan J Dlott |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 43 Minute Entry for proceedings held before Judge Michael R. Barrett: Motion Hearing held on 4/12/2019 re #4 MOTION for Preliminary Injunction; counsel present; witness testimony heard; parties have until 11:59 pm on 4/15/19 to file their findings of facts/conclusions of law; defendants' answer date is extended by 7 days; Court's order to follow. (Court Reporter: Maryann Maffia) (Attachments: #1 Exhibit List) (ba) |
| Filing 42 Minute Entry for proceedings held before Judge Michael R. Barrett: Motion Hearing (Day 2) held on 4/11/2019 re #4 MOTION for Preliminary Injunction; counsel present; witness testimony heard; Court in recess until 4/12/19 at 8:30 am. (Court Reporter: Maryann Maffia) (ba) |
| Filing 41 Minute Entry for proceedings held before Judge Michael R. Barrett: Motion Hearing held on 4/10/2019 re #4 MOTION for Preliminary Injunction (Day 1); witness testimony heard; Court in recess until 4/11/19 at 9:00 am. (Court Reporter: Julie Wolfer) (ba) |
Filing 40
ORDER granting #39 Motion for Leave to Appear Pro Hac Vice of Allyson Slater for Plaintiffs Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Women's Med Group Professional Corporation. Signed by Judge Michael R. Barrett on 4/9/19. (ba)
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| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 4/9/2019; Jennifer Branch, Sara Schaumburg, Felicia Ellsworth, Melissa Cohen and Richard Muniz appeared for Plaintiffs; Tiffany Carwile, Daniel Forsythe and Ann Yackshaw appeared for Defendants; the format for the hearing re #4 MOTION for Preliminary Injunction was discussed with Court; the hearing will commence 4/10/2019 at 01:00 PM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. (Court Reporter: Maryann Maffia) (ba) |
| Filing 39 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6869812) of Allyson Slater by Plaintiffs Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Women's Med Group Professional Corporation. (Attachments: #1 Exhibit Allyson Slater Certificate of Good Standing) (Branch, Jennifer) |
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Filing 38
ORDER granting #35 Motion for Leave to Appear Pro Hac Vice of Felicia H. Ellsworth for Plaintiffs Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio. Signed by Judge Michael R. Barrett on 4/3/19. (ba)
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Filing 37
ORDER extending #34 Temporary Restraining Order until 4/18/19. Signed by Judge Michael R. Barrett on 4/2/19. (ba)
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| Filing 36 Transcript of Proceedings, Motion Hearing held on March 19, 2019, before Judge Michael R. Barrett. Court Reporter/Transcriber Maryann T. Maffia, Telephone number 513-564-7677. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 4/18/2019. Redacted Transcript Deadline set for 4/29/2019. Release of Transcript Restriction set for 6/26/2019. (Maffia, Maryann) |
| Filing 35 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6857873) of Felicia H. Ellsworth by Plaintiffs Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio. (Attachments: #1 Certificate of Good Standing) (Branch, Jennifer) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 3/27/2019; Jennifer Branch, Melissa Cohen, Alison Slater, Richard Muniz and Alan Schoenfeld appeared for Plaintiffs; Tiffany Carwile, Daniel Forsythe and Ann Yackshaw appeared for Defendant; this matter is set for a hearing as to #4 MOTION for Preliminary Injunction on 4/10/2019 in Courtroom 109 - Cincinnati before Judge Michael R. Barrett - time to be determined. (ba) |
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Filing 34
AMENDED ORDER re #30 Order on #4 Motion for TRO; this Order is entered nunc pro tuc, and expires fourteen (14) days from the entry of the original #30 Order unless dissolved earlier or extended by the Court; there is no requirement of a bond. Signed by Judge Michael R. Barrett on 3/26/19. (ba)
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| Filing 33 Consent MOTION to Amend/Correct #30 Order on Motion for Preliminary Injunction,, Order on Motion for TRO, by Plaintiffs Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Women's Med Group Professional Corporation. (Branch, Jennifer) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 3/26/2019; Jennifer Branch, Sarah Schaumbaurg, Laura Bakse, Melissa Cohen, Richard Muniz, Alan Schoenfeld appeared for Plaintiff; Tiffany Carwile, Daniel Forsythe and Ann Yackshaw appeared for Defendant; a hearing date/time was discussed as to #4 MOTION for Preliminary Injunction; the parties shall confer and follow up with the Court 3/27/2019 at 11:30 AM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 3/25/19 for conferencing instructions (ba) |
| Filing 32 RESPONSE in Opposition re #31 MOTION for Reconsideration re #30 Order on Motion for Preliminary Injunction,, Order on Motion for TRO, filed by Plaintiffs Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio. (Schoenfeld, Alan) |
| Filing 31 MOTION for Reconsideration re #30 Order on Motion for Preliminary Injunction,, Order on Motion for TRO, by Defendant David Yost. (Carwile, Tiffany) |
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Filing 30
ORDER granting #4 Motion for TRO and holding in abeyance #4 Motion for Preliminary Injunction; the Court declines at this juncture to declare Ohio Rev. Code 2919.15 unconstitutional; however, Plaintiffs have raised factual and legal issues that warrant further investigation. Signed by Judge Michael R. Barrett on 3/21/19. (ba)
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| Filing 29 Minute Entry for proceedings held before Judge Michael R. Barrett: Motion Hearing held on 3/19/2019 re #4 MOTION for Preliminary Injunction and/or Temporary Restraining Order; Order to follow. (Court Reporter: Maryann Maffia) (ba) |
| Filing 28 REPLY to Response to Motion re #4 MOTION for Preliminary Injunction and/or Temporary Restraining Order MOTION for Temporary Restraining Order filed by Plaintiffs Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Women's Med Group Professional Corporation. (Attachments: #1 Affidavit of W. M. Martin Haskell, MD, #2 Affidavit of Lisa Keder, MD, #3 Affidavit of Adarsh Krishen, MD, #4 Affidavit of Sharon A. Liner, MD, #5 Affidavit of Steven J. Ralston, MD, #6 Exhibit A to Ralston Affidavit) (Schoenfeld, Alan) |
| Filing 27 NOTICE by Plaintiffs Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Women's Med Group Professional Corporation re #21 Notice (Other), #24 Notice (Other) in Response to Defendant County Prosecutor's Notice (Docs. 21 and 24) (Branch, Jennifer) |
| Filing 26 WAIVER OF SERVICE Returned Executed. Waiver sent to Mathias Heck, Jr on 2/15/2019, answer due 4/16/2019. (Branch, Jennifer) |
| NOTICE of Hearing on Motion re #4 MOTION for Preliminary Injunction and/or Temporary Restraining Order; please be aware that a Motion Hearing is set for 3/19/2019 at 10:00 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. (ba) |
| Filing 25 RESPONSE in Opposition re #4 MOTION for Preliminary Injunction and/or Temporary Restraining Order MOTION for Temporary Restraining Order filed by Defendant David Yost. (Attachments: #1 Exhibit A- Valley Declaration, #2 Exhibit B- Carwile Declaration, #3 Exhibit B-1, #4 Exhibit B-2, #5 Exhibit B-3, #6 Exhibit B-4, #7 Exhibit B-5, #8 Exhibit B-6, #9 Exhibit B-7, #10 Exhibit B-8, #11 Exhibit B-9, #12 Exhibit B-10, #13 Exhibit B-11, #14 Exhibit B-12, #15 Exhibit B-13, #16 Exhibit B-14, #17 Exhibit B-15, #18 Exhibit B-16, #19 Exhibit B-17, #20 Exhibit B-18, #21 Exhibit B-19) (Carwile, Tiffany) |
| Filing 24 NOTICE by Defendants Joseph Deters, Mathias Heck, Jr, Ronald O'Brien, Michael O'Malley (Montgomery, Mary) |
| Filing 23 NOTICE by Defendant David Yost re #21 Notice (Other) Regarding County Prosecutors' Notice (Carwile, Tiffany) |
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Filing 22
ORDER granting #18 Motion for Leave to File Excess Pages. Signed by Judge Michael R. Barrett on 2/28/19. (ba)
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| Notice of Correction re: Status Conference regarding 2/15/19; the Court has reviewed the minute entry and has determined that the reply deadline was incorrect recorded as 3/19/19 when it was agreed by the parties it should be 3/16/19. (ba) |
| Filing 21 NOTICE by Defendants Joseph Deters, Mathias Heck, Jr, Ronald O'Brien, Michael O'Malley Notice to Court Regarding Defense Provided by the County Prosecutors' Offices (Sears, Pamela) |
| Filing 20 WAIVER OF SERVICE Returned Executed. Waiver sent to Michael O'Malley on 2/15/2019, answer due 4/16/2019. (Branch, Jennifer) |
| Filing 19 WAIVER OF SERVICE Returned Executed. Waiver sent to David Yost on 2/15/2019, answer due 4/16/2019. (Branch, Jennifer) |
| Filing 18 Unopposed MOTION for Leave to File Excess Pages Brief in Excess of Twenty Pages by Defendant David Yost. (Carwile, Tiffany) |
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Filing 17
ORDER granting #3 Motion for Leave to Appear Pro Hac Vice of Melissa Cohen, Richard Muniz, and Alan Schoenfeld for Plaintiffs Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio. Signed by Judge Michael R. Barrett on 2/25/19. (ba)
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| Filing 16 NOTICE of Appearance by Mary E Montgomery for Defendant Mathias Heck, Jr (Montgomery, Mary) |
| Filing 15 AFFIDAVIT re #4 MOTION for Preliminary Injunction and/or Temporary Restraining Order MOTION for Temporary Restraining Order by Plaintiffs Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Women's Med Group Professional Corporation. (Branch, Jennifer) |
| Filing 14 NOTICE of Appearance by James J. Barbiere for Defendant Joseph Deters (Barbiere, James) |
| Filing 13 NOTICE of Appearance by Michael Gerard Florez for Defendant Joseph Deters (Florez, Michael) |
| Filing 12 NOTICE of Appearance by Pamela J Sears for Defendant Joseph Deters (Sears, Pamela) |
| Filing 11 NOTICE of Appearance by Daniel Richard Forsythe for Defendant David Yost (Forsythe, Daniel) |
| Filing 10 NOTICE of Appearance by Tiffany L. Carwile for Defendant David Yost (Carwile, Tiffany) |
| Filing 9 NOTICE of Appearance by Nick A Soulas, Jr for Defendant Ronald O'Brien (Soulas, Nick) |
| Filing 8 NOTICE of Appearance by Amy L Hiers for Defendant Ronald O'Brien (Hiers, Amy) |
| Filing 7 NOTICE of Appearance by Arthur James Marziale, Jr for Defendant Ronald O'Brien (Marziale, Arthur) |
| Filing 6 NOTICE of Appearance by Ann Yackshaw for Defendant David Yost (Yackshaw, Ann) |
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Filing 5
ORDER REASSIGNING CASE signed by Judge Susan J. Dlott on 2/15/19. Case reassigned to Judge Michael R. Barrett for all further proceedings. (eh)
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| If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (bjc) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 2/15/2019; Jennifer Branch, Laura Bakst, Richard Nuniz, Melissa Cohen, Jenny Pelaez, and Sarah Schaumberg appeared for Plaintiff; Amy Hiers appeared for Dft O'Brien, Ann Yackshaw and Bridgette Coontz appeared for Dft Yost; Pam Sears and Michael Florez appeared for Dft Deters and Ann Jagielski appeard for Dft Heck; Deadlines set as t0 #4 MOTION for Preliminary Injunction and/or Temporary Restraining Order MOTION for Temporary Restraining Order: Responses due by 3/5/2019, Replies due by 3/19/2019; the parties will confer and report to the Court regarding hearing and when to follow up along with circulating a notice as to how the parties will proceed. (ba) Modified docket text on 2/19/2019 (eh). |
| Filing 4 MOTION for Preliminary Injunction and/or Temporary Restraining Order by Plaintiffs Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Women's Med Group Professional Corporation. (Attachments: #1 Affidavit Lisa Keder, MD, #2 Affidavit Sharon Liner, MD, #3 Affidavit Katherine Rivlin, MD, #4 Affidavit W. M. Martin Haskell, MD, #5 Affidavit Jennifer Branch) (Branch, Jennifer). Added MOTION for Temporary Restraining Order on 2/15/2019 (bjc). |
| Filing 3 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $600 paid, receipt number 0648-6795381) of Melissa Cohen, Richard Muniz, and Alan Schoenfeld by Plaintiffs Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio. (Attachments: #1 Exhibit Melissa Cohen Certificate of Good Standing, #2 Exhibit Richard Muniz Certificate of Good Standing, #3 Exhibit Alan Schoenfeld Certificate of Good Standing) (Branch, Jennifer) |
| Filing 2 NOTICE of Appearance by Alphonse Adam Gerhardstein for Plaintiffs Sharon Liner, Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Women's Med Group Professional Corporation (Gerhardstein, Alphonse) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-6795335), filed by Sharon Liner, Planned Parenthood of Greater Ohio, Planned Parenthood Southwest Ohio Region, Women's Med Group Professional Corporation. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A. S.B. 145) (Branch, Jennifer) |
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