Whole Woman's Health et al v. Hellerstedt Featured Case
Plaintiff: Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, M.D., Nova Health Systems, Inc. and Whole Woman's Health
Defendant: Dr. John Hellerstedt
Case Number: 1:2016cv01300
Filed: December 12, 2016
Court: US District Court for the Western District of Texas
Office: Austin Office
Presiding Judge: Sam Sparks
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: None
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Docket Report

This docket was last retrieved on May 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 18, 2020 Filing 271 NOTICE of Change of Address by Juanluis Rodriguez (Rodriguez, Juanluis)
December 18, 2020 Filing 270 NOTICE of Change of Address by Stephanie Toti (Toti, Stephanie)
January 10, 2020 Text Order GRANTING 269 Motion to Withdraw as Attorney. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lc)
January 9, 2020 Filing 269 Unopposed MOTION to Withdraw as Attorney (David P. Brown) by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Nova Health Systems, Inc., Whole Woman's Health, Whole Woman's Health Alliance. (Attachments: # 1 Proposed Order)(Toti, Stephanie)
March 25, 2019 Filing 268 JUDGMENT of USCA issued as the Mandate re Interlocutory Appeal No. 18-50484 Reversing the judgment of the district court. (lt)
March 25, 2019 Filing 267 USCA ORDER Dismissing without prejudice Texas Catholic Conference of Bishops' opposed motion for costs and ORDER Denying Motion to assign a different district judge. (lt)
February 19, 2019 Filing 266 Petition for Writ of Certiorari denied, as to USCA No. 18-50484 Interlocutory Appeal. (lt)
December 6, 2018 Opinion or Order Filing 265 ORDER GRANTING 264 Defendant's Unopposed Motion to Withdraw as Counsel and Designation of Attorney-in-Charge. Signed by Judge David A. Ezra. (lt)
December 5, 2018 Filing 264 Unopposed MOTION to Substitute Attorney by Charles Smith. (Attachments: # 1 Proposed Order Granting Defendant's Unopposed Motion to Withdraw and Designation of New Attorney-in-Charge)(McCarty, Darren)
November 14, 2018 Filing 263 USCA Order GRANTING Charles Smith's unopposed motion to view and obtainsealed documents in the record on appeal.(lt)
October 10, 2018 Certification of the Electronic Record on Appeal has been accepted by the 5th Circuit re Notice of Appeal. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions here (lt) (There is one trial exhibit (Def. Demonst. Exhibit 26, a video provided to, and on file in, the Clerk's Office on a flash drive) that could not be included as part of the electronic record.)
September 21, 2018 Filing 262 Transcript filed of Proceedings held on September 5, 2018, Proceedings Transcribed: Pronouncement of Court's Verdict. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/12/2018, Redacted Transcript Deadline set for 10/22/2018, Release of Transcript Restriction set for 12/20/2018, Appeal Record due by 10/8/2018, (Reznik, Lily)
September 19, 2018 Text Order GRANTING 260 Motion to Withdraw as Attorney. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lc)
September 18, 2018 Filing 261 TRANSCRIPT REQUEST by Charles Smith. (Klusmann, Beth)
September 18, 2018 Filing 260 Unopposed MOTION to Withdraw as Attorney (Austin R. Nimocks) by Charles Smith. (Attachments: # 1 Proposed Order Order Permitting Withdrawal of Counsel)(McCarty, Darren)
September 17, 2018 Filing 259 Transcript filed of Proceedings held on July 13, 2018, Proceedings Transcribed: Status Conference. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/8/2018, Redacted Transcript Deadline set for 10/18/2018, Release of Transcript Restriction set for 12/17/2018, Appeal Record due by 10/2/2018, (Reznik, Lily)
September 10, 2018 Opinion or Order Filing 257 ORDER GRANTING Plaintiffs' 256 Motion for Extension of Time to File Claim for Attorney's Fees and Proposed Bill of Costs. Signed by Judge David A. Ezra. (lt)
September 7, 2018 Filing 256 Unopposed MOTION for Extension of Time to File Claim for Attorney's Fees and Proposed Bill of Costs by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Whole Woman's Health, Whole Woman's Health Alliance. (Attachments: # 1 Proposed Order)(Brown, David)
September 5, 2018 Filing 258 Minute Entry for proceedings held before Judge David A. Ezra: Pronouncement of Court's Verdict held on 9/5/2018. (Minute entry documents are not available electronically.) (Court Reporter Lily Reznik.)(lt)
September 5, 2018 Filing 255 TRANSCRIPT REQUEST Oral Pronouncement of Court's Verdict by Charles Smith for proceedings held on 09/05/2018.. (McCarty, Darren)
September 5, 2018 Filing 254 Appeal of Final Judgment 252 , 253 by Charles Smith. ( Filing fee $ 505 receipt number 0542-11197153) (McCarty, Darren)
September 5, 2018 Filing 253 CLERK'S JUDGMENT. (lt)
September 5, 2018 Opinion or Order Filing 252 MEMORANDUM OPINION INCORPORATING FINDINGS OF FACT AND CONCLUSIONS OF LAW DECLARING Texas Health and Safety Code § 697.001.004, 697.007.009 and the associated implementing rules codified at Title 25 of the Texas Administrative Code § 138.1.7 are VOID for violating the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the United States Constitution. The Court also ENTERS A PERMANENT INJUNCTION prohibiting Defendant Charles Smith, in his official capacity as the Executive Commissioner of the Texas Health and Human Services Commission, from enforcing Texas Health and Safety Code § 697.001.004, 697.007.009 and the associated implementing rules codified at Title 25 of the Texas Administrative Code § 138.l.7. Signed by Judge David A. Ezra. (lt)
September 5, 2018 NOTICE OF APPEAL following 254 Notice of Appeal (E-Filed) by Charles Smith. Filing fee $ 505, receipt number 0542-11197153. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out Form DKT-13 (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (lt)
August 27, 2018 Opinion or Order Filing 251 ORDER SETTING ORAL PROUNCEMENT OF COURT'S VERDICT for 9/5/2018 at 01:30 PM before Judge David A. Ezra. Signed by Judge David A. Ezra. (lt)
August 22, 2018 Text Order GRANTING 249 Motion to Withdraw as Attorney. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lc)
August 21, 2018 Filing 249 MOTION to Withdraw as Attorney Francesca G. Cocuzza by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Whole Woman's Health, Whole Woman's Health Alliance. (Attachments: # 1 Proposed Order)(Brown, David)
August 17, 2018 Filing 248 Transcript filed of Proceedings held on July 20, 2018, Proceedings Transcribed: Bench Trial, Volume 5 of 5. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 9/7/2018, Redacted Transcript Deadline set for 9/17/2018, Release of Transcript Restriction set for 11/15/2018, (Reznik, Lily)
August 17, 2018 Filing 247 Transcript filed of Proceedings held on July 19, 2018, Proceedings Transcribed: Bench Trial, Volume 4 of 5. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 9/7/2018, Redacted Transcript Deadline set for 9/17/2018, Release of Transcript Restriction set for 11/15/2018, (Reznik, Lily)
August 17, 2018 Filing 246 Transcript filed of Proceedings held on July 18, 2018, Proceedings Transcribed: Bench Trial, Volume 3 of 5. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 9/7/2018, Redacted Transcript Deadline set for 9/17/2018, Release of Transcript Restriction set for 11/15/2018, (Reznik, Lily)
August 17, 2018 Filing 245 Transcript filed of Proceedings held on July 17, 2018, Proceedings Transcribed: Bench Trial, Volume 2 of 5. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 9/7/2018, Redacted Transcript Deadline set for 9/17/2018, Release of Transcript Restriction set for 11/15/2018, (Reznik, Lily)
August 17, 2018 Filing 244 Transcript filed of Proceedings held on July 16, 2018, Proceedings Transcribed: Bench Trial, Volume 1 of 5. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 9/7/2018, Redacted Transcript Deadline set for 9/17/2018, Release of Transcript Restriction set for 11/15/2018, (Reznik, Lily)
August 3, 2018 Filing 243 TRIAL BRIEF Plaintiffs' Closing Argument Brief by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Whole Woman's Health, Whole Woman's Health Alliance. (Brown, David)
August 3, 2018 Filing 242 Proposed Findings of Fact by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Whole Woman's Health, Whole Woman's Health Alliance. (Brown, David)
August 3, 2018 Filing 241 Proposed Findings of Fact by Charles Smith. (McCarty, Darren)
August 3, 2018 Filing 240 TRIAL BRIEF Defendant's Post-Trial Brief by Charles Smith. (McCarty, Darren)
August 1, 2018 Text Order GRANTING 239 Unopposed Motion to Unseal Document. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hw)
July 31, 2018 Filing 239 Unopposed MOTION to Unseal Document 224 Unopposed Motion for leave to File Sealed Document filed by Lendol L. Davis, M.D., Bhavik Kumar, Alamo City Surgery Center PLLC, Whole Woman's Health, Whole Woman's Health Alliance, Brookside Women's Medical Center PA (ECF No. 224-1) by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Whole Woman's Health, Whole Woman's Health Alliance. (Attachments: # 1 Proposed Order)(Brown, David)
July 31, 2018 Opinion or Order Filing 238 ORDER GRANTING 237 Defendant's Unopposed Motion to Replace Defendant's Exhibit 53. ORDER that both parties may submit closing briefs of no more than THIRTY-FIVE (35) pages in length. Signed by Judge David A. Ezra. (lt)
July 30, 2018 Filing 237 Unopposed MOTION to Amend/Correct Defendant's Exhibit 53 by Charles Smith. (Attachments: # 1 Exhibit Defendant's Ex. 53, # 2 Proposed Order Granting Defendant's Unopposed Motion to Replace Defendant's Ex. 53)(McCarty, Darren)
July 27, 2018 Opinion or Order Filing 236 ORDER GRANTING IN PART AND DENYING IN PART Defendant's Opposed 230 Motion to Accept Defendant's Redactions to Plaintiffs' Exhibit 93. Signed by Judge David A. Ezra. (lt)
July 24, 2018 Filing 235 Response in Opposition to Motion, filed by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Whole Woman's Health, Whole Woman's Health Alliance, re 230 Opposed MOTION to Accept Defendant's Redactions to Plaintiff's Exhibit 93 re 219 Exhibit List, filed by Defendant Charles Smith (Attachments: # 1 Proposed Order)(Rodriguez, Juanluis)
July 23, 2018 Filing 230 Opposed MOTION to Accept Defendant's Redactions to Plaintiff's Exhibit 93 re 219 Exhibit List, by Charles Smith. (Attachments: # 1 Proposed Order)(McCarty, Darren)
July 20, 2018 Filing 250 EXHIBIT List for Bench Trial held 7/16/18 to 7/20/18. (Attachments: # 1 Exhibit List)(lt) (Attachment 1 replaced on 8/24/2018 to correct typo per request of counsel) (lt).(Additional attachment(s) added on 8/24/2018: # 2 Pl Exs 1-15, 17-20, 24, 27-39, 41-42, 48-49, # 3 Pl Exs 52, 53, 62 to 68, # 4 Pl. Exs 69-80, # 5 Pl. Exs. 87, 89, # 6 Pl Exs. 91, 93, 96-98, 106, 112-115, 117-119, 126-128, 130) (lt). (Additional attachment(s) added on 8/24/2018: # 7 Def Exs. 1-12, 21, 23, # 8 Def Exs 24A-Q, 25A-Q Demonstrative, # 9 Def Exs. 27-28, # 10 Def Ex 29A, # 11 Def. Ex 29B, # 12 Def Ex 29C, # 13 Def Ex 29D, # 14 Def. Ex 29E, # 15 Def Ex 29F, # 16 Def Ex. 29G, # 17 Def Ex. 29H, # 18 Def Ex. 29I, # 19 Def Ex 29J, # 20 Def Ex 29K, # 21 Def Ex 29L, # 22 Def Ex 29M, # 23 Def Ex 29N, # 24 Def Ex 29O, # 25 Def Ex 29P, # 26 Def Ex 29Q, # 27 Def Ex 29R, # 28 Def Ex 29S, # 29 Def Ex 29T, # 30 Def Ex. 29U, # 31 Def Ex. 29V, # 32 Def Ex. 29W, # 33 Def Exs. 36-57, # 34 Sealed Document Def Ex. 59 Sealed) (lt). (Defendant's Video Exhibit 26 cannot be filed electronically. The flash drive with the exhibit will be kept on the exhibit shelf in the Clerk's Office thru the pendency of this action and any initial appeal, if applicable.)
July 20, 2018 Filing 234 Minute Entry for proceedings held before Judge David A. Ezra: Bench Trial completed on 7/20/2018. Closing Arguments will be submitted by August 3, 2018. (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(lt)
July 20, 2018 Filing 229 TRANSCRIPT REQUEST Trial by Charles Smith for proceedings held on 7/16/2018-7/20/2018. Court Reporter: Lily Iva Reznik. (McCarty, Darren)
July 19, 2018 Filing 233 Minute Entry for proceedings held before Judge David A. Ezra: Bench Trial held on 7/19/2018. Evidence presented. Trial Continued/Recessed to July 20, 2018 at 8:30am. (Minute entry documents are not available electronically.) (Court Reporter Lizy Reznik.)(lt)
July 18, 2018 Filing 232 Minute Entry for proceedings held before Judge David A. Ezra: Bench Trial held on 7/18/2018. Evidence presented. Trial Continued/Recessed to July 19 at 8:30 am. (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(lt)
July 17, 2018 Filing 231 Minute Entry for proceedings held before Judge David A. Ezra: Bench Trial held on 7/17/2018. Evidence presented. Trial Continued/Recessed to July 18, 2018 at 8:30am. (Minute entry documents are not available electronically.) (Court Reporter Lily Reznik.)(lt)
July 16, 2018 Filing 228 Minute Entry for proceedings held before Judge David A. Ezra: Bench Trial begun on 7/16/2018. Opening Statements heard. Evidence presented. Trial recessed to July 17, 2018 at 8:30am. (Minute entry documents are not available electronically.) (Court Reporter Lily Reznik.)(lt)
July 16, 2018 Filing 226 TRANSCRIPT REQUEST Pretrial Conference by Charles Smith for proceedings held on 07/13/2018.. (McCarty, Darren)
July 16, 2018 Filing 225 Minute Entry for proceedings held before Judge Andrew W. Austin: Hearing re Notice of Dispute over Documents 207 held on 7/16/2018. Written Order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter ERO.)(lt)
July 16, 2018 Filing 224 Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Sealed Document Exhibit A, # 2 Proposed Order) (Brown, David) Modified on 8/1/18: docket clerk notes that the attached Sealed Document 224-1 has been unsealed per 8/1/18 Text Order granting Unopposed Motion to Unseal Document 239 where attached as Exhibit A to 210 .
July 16, 2018 Text Order GRANTING 224 Motion for Leave to File Sealed Document. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hw)
July 15, 2018 Filing 223 NOTICE of Supplemental Authority by Texas Catholic Conference re 220 Brief (Attachments: # 1 Exhibit Fifth Circuit Opinion)(MacRae, Andrew)
July 15, 2018 Filing 222 Exhibit List Corrected Third Amended Trial Exhibit List by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Whole Woman's Health, Whole Woman's Health Alliance.. (Brown, David)
July 15, 2018 Filing 221 STIPULATION Joint List of Stipulations by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Whole Woman's Health, Whole Woman's Health Alliance. (Brown, David)
July 15, 2018 Filing 220 BRIEF regarding 216 Order, Set Hearings by Texas Catholic Conference. (Attachments: # 1 Exhibit A)(Levatino, Steven)
July 15, 2018 Text Order GRANTING 217 Unopposed MOTION To Replace Defendant's Exhibit 8. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hw)
July 14, 2018 Filing 219 Exhibit List Plaintiffs' Third Amended Trial Exhibit List by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Whole Woman's Health, Whole Woman's Health Alliance.. (Brown, David)
July 14, 2018 Filing 218 NOTICE of Withdrawal of Exhibits by Charles Smith (Walton, Benjamin)
July 13, 2018 Filing 227 Minute Entry for proceedings held before Judge David A. Ezra: Pretrial Conference held on 7/13/2018. See Order 213 . (Minute entry documents are not available electronically.) (Court Reporter Lily Reznik.)(lt)
July 13, 2018 Filing 217 Unopposed MOTION To Replace Defendant's Exhibit 8 re 186 Exhibit List by Charles Smith. (Attachments: # 1 Exhibit Defendant's Exhibit 8, # 2 Proposed Order)(McCarty, Darren)
July 13, 2018 Opinion or Order Filing 216 ORDER, ( Hearing set for 7/16/2018 at 08:00 AM before Judge Andrew W. Austin,). Signed by Judge Andrew W. Austin. (dm)
July 13, 2018 Opinion or Order Filing 215 ORDER GRANTING 205 Motion for Leave to be Excused; GRANTING 206 Motion for Leave to File. Signed by Judge Andrew W. Austin. (dm)
July 13, 2018 Filing 214 Minute Entry for proceedings held before Judge Andrew W. Austin: Motion Hearing held on 7/13/2018 re 205 MOTION for Leave to File Motion for Leave to Be Excused from the Requirements of Local Rule 5.2 filed by Texas Catholic Conference, 206 Unopposed MOTION for Leave to File Motion to Seal filed by Texas Catholic Conference (Minute entry documents are not available electronically.). (Court Reporter ERO.)(dm)
July 13, 2018 Opinion or Order Filing 213 ORDER GRANTING IN PART 176 Motion to supplement; DISMISSING AS MOOT 180 Motion in Limine; GRANTING 184 Motion in Limine; DENYING 193 Motion in Limine; REFERRING 205 Motion for Leave to File; REFERRING 206 Motion for Leave to File; REFERRING 207 Plaintiff's Notice of Dispute and 208 the associated sealed documents to the Honorable Andrew Austin. Signed by Judge David A. Ezra. (dl)
July 13, 2018 Filing 212 Certified copy of USCA JUDGMENT/MANDATE Reversing the order of thedistrict court denying Appellants motion to quash and compelling discovery of internal communications within the Texas Conference of Catholic Bishops as to 169 Notice of Interlocutory Appeal (E-Filed) filed by Texas Catholic Conference. (klw)
July 13, 2018 CASE NO LONGER REFERRED to Magistrate Judge Andrew W. Austin. (klw)
July 12, 2018 Filing 211 REPLY to Response to Motion, filed by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Whole Woman's Health, Whole Woman's Health Alliance, re 193 Opposed MOTION in Limine to Exclude the Testimony of Jennifer Carr Allman filed by Plaintiff Lendol L. Davis, M.D., Plaintiff Bhavik Kumar, Plaintiff Alamo City Surgery Center PLLC, Plaintiff Whole Woman's Health, Plaintiff Whole Woman's Health Alliance, Plaintiff Brookside Women's Medical Center PA (Brown, David)
July 12, 2018 Filing 210 Miscellaneous Objection to 199 Pretrial Disclosures Plaintiffs' Objections to Defendant Deposition Counter-Designations by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Whole Woman's Health, Whole Woman's Health Alliance. (Brown, David) (Additional attachment(s) added on 7/16/2018: # 1 Sealed Document Exhibit A Filed Under Seal) (lt). Modified on 8/1/2018 (lt): Exhibit A Unsealed per Text Order Granting Unopposed Motion to Unseal Document 239 .
July 11, 2018 Filing 209 REPLY to Response to Motion, filed by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Whole Woman's Health, Whole Woman's Health Alliance, re 180 Opposed MOTION in Limine to Exclude Evidence Pertaining to Purported Post-Abortion Trauma and the Psychological Benefits of the Challenged Laws filed by Plaintiff Lendol L. Davis, M.D., Plaintiff Bhavik Kumar, Plaintiff Alamo City Surgery Center PLLC, Plaintiff Whole Woman's Health, Plaintiff Whole Woman's Health Alliance, Plaintiff Brookside Women's Medical Center PA (Brown, David)
July 11, 2018 Filing 208 Motion for leave to File Sealed Document. Referral Judge: Andrew W. Austin. (Attachments: # 1 Sealed Document Exhibit C, # 2 Proposed Order) (Brown, David)
July 11, 2018 Text Order GRANTING 208 Motion for Leave to File Sealed Document. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hw)
July 10, 2018 Filing 207 NOTICE of Dispute by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Whole Woman's Health, Whole Woman's Health Alliance (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Brown, David) (Additional attachment(s) added on 7/12/2018: # 3 Sealed Document Ex. C Filed Under Seal) (lt).
July 6, 2018 Filing 206 Unopposed MOTION for Leave to File Motion to Seal by Texas Catholic Conference. (Attachments: # 1 Exhibit A, # 2 Proposed Order). (Levatino, Steven) Modified on 7/9/2018 (lt).
July 6, 2018 Filing 205 MOTION for Leave to File Motion for Leave to Be Excused from the Requirements of Local Rule 5.2 by Texas Catholic Conference. (Attachments: # 1 Exhibit A, # 2 Proposed Order). (Levatino, Steven) Modified on 7/9/2018 (lt).
July 6, 2018 Filing 204 RESPONSE to Motion, filed by Charles Smith, re 180 Opposed MOTION in Limine to Exclude Evidence Pertaining to Purported Post-Abortion Trauma and the Psychological Benefits of the Challenged Laws filed by Plaintiff Lendol L. Davis, M.D., Plaintiff Bhavik Kumar, Plaintiff Alamo City Surgery Center PLLC, Plaintiff Whole Woman's Health, Plaintiff Whole Woman's Health Alliance, Plaintiff Brookside Women's Medical Center PA (Attachments: # 1 Proposed Order)(McCarty, Darren)
July 6, 2018 Filing 203 RESPONSE to Motion, filed by Charles Smith, re 184 Opposed MOTION in Limine for a Protective Order filed by Plaintiff Lendol L. Davis, M.D., Plaintiff Bhavik Kumar, Plaintiff Alamo City Surgery Center PLLC, Plaintiff Whole Woman's Health, Plaintiff Whole Woman's Health Alliance, Plaintiff Brookside Women's Medical Center PA (Attachments: # 1 Proposed Order)(McCarty, Darren)
July 6, 2018 Filing 202 RESPONSE to Motion, filed by Charles Smith, re 193 Opposed MOTION in Limine to Exclude the Testimony of Jennifer Carr Allman filed by Plaintiff Lendol L. Davis, M.D., Plaintiff Bhavik Kumar, Plaintiff Alamo City Surgery Center PLLC, Plaintiff Whole Woman's Health, Plaintiff Whole Woman's Health Alliance, Plaintiff Brookside Women's Medical Center PA (Attachments: # 1 Proposed Order)(McCarty, Darren)
July 6, 2018 Filing 201 Miscellaneous Objection to 196 Exhibit List, Plaintiffs' Second Amended Trial Exhibit List by Charles Smith. (McCarty, Darren)
July 6, 2018 Filing 200 Miscellaneous Objection to 190 Notice (Other) Plaintiffs' Depo Designations by Charles Smith. (McCarty, Darren)
July 6, 2018 Filing 199 Pretrial Disclosures Counter-Designation of Depo Testimony by Charles Smith. (McCarty, Darren)
July 6, 2018 Filing 198 Miscellaneous Objection to 189 Pretrial Disclosures ; Plaintiffs' Deposition Designation Objections and Counter-Designations by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Whole Woman's Health, Whole Woman's Health Alliance. (Brown, David)
July 6, 2018 Filing 197 Miscellaneous Objection to 186 Exhibit List ; Plaintiffs' Objections to Defendants' Exhibits by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Whole Woman's Health, Whole Woman's Health Alliance. (Brown, David)
July 2, 2018 Filing 196 Exhibit List ; Plaintiffs' Second Amended Trial Exhibit List by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Whole Woman's Health, Whole Woman's Health Alliance.. (Brown, David)
June 29, 2018 Filing 195 Proposed Findings of Fact by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Whole Woman's Health, Whole Woman's Health Alliance. (Brown, David)
June 29, 2018 Filing 194 Stipulated Facts by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Whole Woman's Health, Whole Woman's Health Alliance (Brown, David)
June 29, 2018 Filing 193 Opposed MOTION in Limine to Exclude the Testimony of Jennifer Carr Allman by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Whole Woman's Health, Whole Woman's Health Alliance. (Brown, David)
June 29, 2018 Filing 192 Witness List by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Whole Woman's Health, Whole Woman's Health Alliance. (Brown, David)
June 29, 2018 Filing 191 Exhibit List ; Plaintiffs' First Amended Trial Exhibit List by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Whole Woman's Health, Whole Woman's Health Alliance.. (Brown, David)
June 29, 2018 Filing 190 Plaintiffs' Deposition Designations by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Whole Woman's Health, Whole Woman's Health Alliance (Brown, David)
June 29, 2018 Filing 189 Pretrial Disclosures Defendant's Designation of Deposition Testimony by Charles Smith. (McCarty, Darren)
June 29, 2018 Filing 188 Proposed Findings of Fact by Charles Smith. (McCarty, Darren)
June 29, 2018 Filing 187 STIPULATION Defendant's Proposed Stipulations by Charles Smith. (McCarty, Darren)
June 29, 2018 Filing 186 Exhibit List by Charles Smith.. (McCarty, Darren) (Additional attachment(s) added on 7/16/2018: # 1 Exhibit 8) (lt).
June 29, 2018 Filing 185 Witness List by Charles Smith. (McCarty, Darren)
June 29, 2018 Filing 184 Opposed MOTION in Limine for a Protective Order by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Whole Woman's Health, Whole Woman's Health Alliance. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order). (Brown, David)
June 29, 2018 Filing 183 CORRECTED Motion for leave to File Sealed Document. (Attachments: # 1 Sealed Document, # 2 Sealed Document, # 3 Proposed Order) (Brown, David)
June 29, 2018 Filing 182 DEFICIENCY NOTICE to David P. Brown: re 181 Unopposed Motion for leave to File Sealed Document. (lt)
June 29, 2018 Filing 181 Unopposed Motion for leave to File Sealed Document. (Attachments: # 1 Sealed Document, # 2 Sealed Document, # 3 Proposed Order) (Brown, David)
June 29, 2018 Filing 180 Opposed MOTION in Limine to Exclude Evidence Pertaining to Purported Post-Abortion Trauma and the Psychological Benefits of the Challenged Laws by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Kumar, Whole Woman's Health, Whole Woman's Health Alliance. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order). (Brown, David) (Additional attachment(s) added on 6/29/2018: # 5 Sealed Document Exhibits D and E Filed Under Seal) (lt).
June 29, 2018 Text Order DENYING 154 Motion to Appear Pro Hac Vice. Witness Valerie Peterson is already represented by Austin Harris Kaplan. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hw)
June 29, 2018 Text Order DENYING 153 Motion to Appear Pro Hac Vice. Witness Valerie Peterson is already represented by Austin Harris Kaplan. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hw)
June 29, 2018 Motions Not Referred: 180 Opposed MOTION in Limine to Exclude Evidence Pertaining to Purported Post-Abortion Trauma and the Psychological Benefits of the Challenged Laws, and 181 Unopposed Motion for leave to File Sealed Document. (lt)
June 29, 2018 Text Order GRANTING 183 Motion for Leave to File Sealed Document. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hw)
June 27, 2018 Opinion or Order Filing 179 ORDER of USCA granting Appellant's Motion to file supplemental record containing transcript under seal.(lt)
June 27, 2018 Filing 178 Sealed Transcript of Oral Deposition on 06/13/18 (filed directly with the Fifth Circuit Court of Appeals). (klw) (Entered by ORDER of USCA to file.)
June 27, 2018 Filing 177 Movant-Appellant Texas Catholic Conference of Bishops MOTION to Supplement the Record and File Transcript Under Seal. (klw) (Entered by ORDER of USCA to file.)
June 27, 2018 Certification of the Second Supplemental Electronic Record on Appeal has been accepted by the 5th Circuit re Notice of Appeal - Interlocutory. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions here. (klw)
June 22, 2018 Filing 176 MOTION to supplement re 115 Scheduling Order, by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Khumar, Whole Woman's Health, Whole Woman's Health Alliance. (Attachments: # 1 Proposed Order). Motions referred to Judge Andrew W. Austin. (Brown, David)
June 19, 2018 Filing 175 NOTICE of 5th Circuit granting stay by Texas Catholic Conference (Attachments: # 1 Exhibit stay order of 5th Circuit)(Levatino, Steven)
June 19, 2018 Certification of the Electronic Record on Appeal has been accepted by the 5th Circuit re Notice of Appeal - Interlocutory. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions here (lt)
June 18, 2018 Filing 173 Transcript filed of Proceedings held on June 13, 2018, Proceedings Transcribed: Motion Hearing. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 7/9/2018, Redacted Transcript Deadline set for 7/19/2018, Release of Transcript Restriction set for 9/17/2018, Appeal Record due by 7/3/2018, (Reznik, Lily)
June 18, 2018 Opinion or Order Filing 172 ORDER GRANTING 170 Emergency Motion to Stay. The Court STAYS the production of documents by TCCB, as ordered in Docket Entry 161 and Docket Entry 168 , for SEVENTY-TWO (72) HOURS so TCCB may appeal the production orders. Signed by Judge David A. Ezra. (lt)
June 18, 2018 Filing 171 Response in Opposition to Motion, filed by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Khumar, Whole Woman's Health, Whole Woman's Health Alliance, re 170 MOTION to Stay Order of Magistrate (Dkt. 161) and Order of the District Judge (Dkt. 168) enforceing subpoena filed by Movant Texas Catholic Conference (Toti, Stephanie)
June 17, 2018 NOTICE OF INTERLOCUTORY APPEAL as to 161 Order on Motion to Quash, 168 Order on Motion to Vacate by Texas Catholic Conference. Filing fee $ 505, receipt number 0542-10910867. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out Form DKT-13 (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (lt)
June 17, 2018 Filing 170 MOTION to Stay Order of Magistrate (Dkt. 161) and Order of the District Judge (Dkt. 168) enforceing subpoena by Texas Catholic Conference. (Attachments: # 1 Exhibit Bishop Joe Vasquez Declaration, # 2 Exhibit Jennifer Allmon Declaration, # 3 Proposed Order). Motions referred to Judge Andrew W. Austin. (Levatino, Steven)
June 17, 2018 Filing 169 Appeal of Order entered by District Judge 168 by Texas Catholic Conference. ( Filing fee $ 505 receipt number 0542-10910867) (Levatino, Steven)
June 17, 2018 Opinion or Order Filing 168 ORDER DENYING 165 Texas Catholic Conference of Bishops's Rule 4(a) Statement of Appeal. FURTHER ORDERING that the Texas Conference of Catholic Bishops produce, within TWENTY-FOUR (24) HOURS of the entry of this order, emails sent to or received by Ms. Allmon, where: (1) the emails or attachments to those emails include any of the agreed upon search terms, (2) the emails were sent or received on or after January 1, 2016; and (3) the emails or attachments relate to the burial, cremation, or disposition of fetal or embryonic tissue. Signed by Judge David A. Ezra. (lt)
June 14, 2018 Filing 167 Response in Opposition to Motion, filed by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Khumar, Nova Health Systems, Inc., Whole Woman's Health, Whole Woman's Health Alliance, re 165 MOTION to Vacate Order of Magistrate Judge Austin Denying the Texas Catholic Conference of Bishops' Motion to Quash, Dkt. 150, filed by Movant Texas Catholic Conference (Brown, David)
June 14, 2018 Filing 166 RESPONSE in Support, filed by Charles Smith, re 165 MOTION to Vacate Order of Magistrate Judge Austin Denying the Texas Catholic Conference of Bishops' Motion to Quash, Dkt. 150, filed by Movant Texas Catholic Conference (Attachments: # 1 Exhibit Exhibit A)(McCarty, Darren)
June 14, 2018 Filing 165 MOTION to Vacate Order of Magistrate Judge Austin Denying the Texas Catholic Conference of Bishops' Motion to Quash, Dkt. 150, by Texas Catholic Conference. (Attachments: # 1 Exhibit Exhibit of Jennifer Allmon, # 2 Proposed Order). (Levatino, Steven) Modified on 6/14/2018 (lt).
June 14, 2018 Opinion or Order Filing 164 ORDER DENYING 163 Motion for Extension of Time. Signed by Judge David A. Ezra. (lt)
June 14, 2018 Filing 163 Opposed MOTION for Extension of Time to File Rule 4(a) Statement of Appeal by Texas Catholic Conference. (Attachments: # 1 Proposed Order Granting Opposed Motion for Extension of Time). Motions referred to Judge Andrew W. Austin. (Levatino, Steven)
June 14, 2018 Motion Not Referred: 165 MOTION to Vacate Order of Magistrate Judge Austin Denying the Texas Catholic Conference of Bishops' Motion to Quash, Dkt. 150,. (lt)
June 13, 2018 Filing 162 Movant Texas Catholic Conference of Bishops' EXHIBIT List for Motion Hearing 159 Held 6/13/18.(lt) (Additional attachment(s) added on 6/13/2018: # 1 Movant's Exhibit 1, # 2 Movant's Exhibit 2) (lt).
June 13, 2018 Opinion or Order Filing 161 ORDER DENYING Texas Catholic Conference of Bishops' Opposed 150 Motion to Quash. Signed by Judge Andrew W. Austin. (lt)
June 13, 2018 Filing 160 TRANSCRIPT REQUEST Discovery Hearing 06/13/2018 by Charles Smith for proceedings held on 06/13/2018.. (McCarty, Darren)
June 13, 2018 Filing 159 Minute Entry for proceedings held before Judge Andrew W. Austin: Motion Hearing held on 6/13/2018 re 150 Opposed MOTION to Quash Subpoena filed by Texas Catholic Conference. (Minute entry documents are not available electronically.) Movant's documents submitted for in camera review are SEALED and only available to the Court. Copies are not available electronically and are on file in the Clerk's Office. (Court Reporter ERO.)(lt)
June 13, 2018 Opinion or Order Filing 158 ORDER Setting Expedited Briefing Schedule. Signed by Judge David A. Ezra. (dm)
June 12, 2018 Filing 157 REPLY to Response to Motion, filed by Texas Catholic Conference, re 150 Opposed MOTION to Quash Subpoena filed by Movant Texas Catholic Conference (MacRae, Andrew)
June 12, 2018 Filing 156 Response in Opposition to Motion, filed by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Khumar, Nova Health Systems, Inc., Whole Woman's Health, Whole Woman's Health Alliance, re 150 Opposed MOTION to Quash Subpoena filed by Movant Texas Catholic Conference (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Brown, David)
June 12, 2018 Motions Not Referred: 153 MOTION to Appear Pro Hac Vice by Austin Harris Kaplan for Alexia Korberg ( Filing fee $ 100 receipt number 0542-10887640) and 154 MOTION to Appear Pro Hac Vice by Austin Harris Kaplan for Katharine Gadsden ( Filing fee $ 100 receipt number 0542-10887728). (lt)
June 11, 2018 Opinion or Order Filing 155 ORDER GRANTING Plaintiff's Unopposed 148 Motion to Dismiss Nova Health Systems. Terminated party Nova Health Systems, Inc. Signed by Judge David A. Ezra. (lt)
June 11, 2018 Filing 154 MOTION to Appear Pro Hac Vice by Austin Harris Kaplan for Katharine Gadsden ( Filing fee $ 100 receipt number 0542-10887728) by on behalf of Valerie Peterson. (Attachments: # 1 Proposed Order). Motions referred to Judge Andrew W. Austin. (Kaplan, Austin) Modified on 6/12/2018 to reflect motion not referred(lt).
June 11, 2018 Filing 153 MOTION to Appear Pro Hac Vice by Austin Harris Kaplan for Alexia Korberg ( Filing fee $ 100 receipt number 0542-10887640) by on behalf of Valerie Peterson. (Attachments: # 1 Proposed Order). Motions referred to Judge Andrew W. Austin. (Kaplan, Austin) Modified on 6/12/2018 to reflect motion not referred(lt).
June 11, 2018 Filing 152 NOTICE of Attorney Appearance by Austin Harris Kaplan on behalf of Valerie Peterson. Attorney Austin Harris Kaplan added to party Valerie Peterson(pty:oth) (Kaplan, Austin)
June 11, 2018 Filing 151 *DUPLICATE FILING*. Please see Motion at Dkt. 150 . Opposed MOTION to Quash Subpoena by Texas Catholic Conference. (Attachments: # 1 Exhibit, # 2 Proposed Order). Motions referred to Judge Andrew W. Austin. (MacRae, Andrew) Modified on 6/12/2018 (lt).
June 11, 2018 Filing 150 Opposed MOTION to Quash Subpoena by Texas Catholic Conference. (Attachments: # 1 Exhibit, # 2 Proposed Order). Motions referred to Judge Andrew W. Austin. (MacRae, Andrew)
June 8, 2018 Opinion or Order Filing 149 ORDER SETTING Discovery Hearing for 6/13/2018 at 09:00 AM before Judge Andrew W. Austin. In advance of the hearing, the moving party is ORDERED to file its motion by Monday June 11, 2018 at 9:00 a.m. The response is due by no later than Tuesday June 12, 2018 at 5:00 p.m. Signed by Judge Andrew W. Austin. (lt)
June 4, 2018 Filing 148 Unopposed MOTION to Dismiss Plaintiff Nova Health Systems Inc. by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Khumar, Nova Health Systems, Inc., Whole Woman's Health, Whole Woman's Health Alliance. (Attachments: # 1 Proposed Order). Motions referred to Judge Andrew W. Austin. (Brown, David) Modified on 6/12/2018 to reflect motion not referred(lt).
June 4, 2018 Motion Not Referred: 148 Unopposed MOTION to Dismiss Plaintiff Nova Health Systems Inc. (lt)
May 21, 2018 Filing 147 Witness List by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Khumar, Nova Health Systems, Inc., Whole Woman's Health, Whole Woman's Health Alliance. (Brown, David)
May 15, 2018 Opinion or Order Filing 145 ORDER GRANTING 139 Motion for Juanluis Rodriguez to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David A. Ezra. (lt)
May 15, 2018 Opinion or Order Filing 144 ORDER GRANTING 138 Motion for Francesca G. Cocuzza to Appear Pro Hac Vice on behalf of Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David A. Ezra. (lt)
May 15, 2018 Opinion or Order Filing 143 ORDER GRANTING 136 Motion for Emily B. Nestler to Appear Pro Hac Vice for Plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David A. Ezra. (lt)
May 15, 2018 Filing 142 CERTIFICATE OF SERVICE by Charles Smith (McCarty, Darren)
May 15, 2018 Filing 141 CERTIFICATE OF SERVICE by Charles Smith (McCarty, Darren)
May 15, 2018 Motions Not Referred: 136 MOTION to Appear Pro Hac Vice by Patrick J. O'Connell Emily B. Nestler ( Filing fee $ 100 receipt number 0542-10717600), 138 MOTION to Appear Pro Hac Vice by J. Alexander Lawrence for Francesca Cocuzza ( Filing fee $ 100 receipt number 0542-10741976), 140 MOTION to Appear Pro Hac Vice, 139 MOTION to Appear Pro Hac Vice. (lt)
May 15, 2018 Notice of Correction to Darren McCarty re 141 Certificate of Service and 142 Certificate of Service: These documents are Returns of Service relating to deposition and document subpoenas. In the future, pursuant to FRCP Rule 5(d)(1), please do not file documents relating to discovery on the docket unless those documents are used in the proceeding or the court orders the filing. (lt)
May 14, 2018 Filing 140 DUPLICATE of 139 MOTION to Appear Pro Hac Vice for Juanluis Rodriguez by Plaintiffs. (dl) Modified on 5/18/2018 (lt).
May 11, 2018 Filing 146 Pro Hac Vice Fee Paid for Juanluis Rodriguez; Filing fee $ 100, receipt number 100033070. (lt)
May 8, 2018 Filing 139 MOTION for Juanluis Rodriguez to Appear Pro Hac Vice on behalf of Plaintiffs. Fee Due. (Attachments: # 1 Proposed Order) Motions referred to Judge Andrew W. Austin. (lt)
May 1, 2018 Filing 138 MOTION to Appear Pro Hac Vice by J. Alexander Lawrence for Francesca Cocuzza ( Filing fee $ 100 receipt number 0542-10741976) by on behalf of Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Khumar, Nova Health Systems, Inc., Whole Woman's Health, Whole Woman's Health Alliance.. Motions referred to Judge Andrew W. Austin. (Lawrence, J.)
April 24, 2018 Filing 137 Witness List by Charles Smith. (McCarty, Darren)
April 24, 2018 Filing 136 MOTION to Appear Pro Hac Vice by Patrick J. O'Connell Emily B. Nestler ( Filing fee $ 100 receipt number 0542-10717600) by on behalf of Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Khumar, Nova Health Systems, Inc., Whole Woman's Health, Whole Woman's Health Alliance.. Motions referred to Judge Andrew W. Austin. (O'Connell, Patrick) (Main Document 136 replaced on 5/8/2018 to flatten form) (lt).
April 20, 2018 Filing 135 NOTICE of Attorney Appearance by Darren L. McCarty on behalf of Charles Smith (McCarty, Darren)
April 20, 2018 Filing 134 Witness List by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Khumar, Nova Health Systems, Inc., Whole Woman's Health, Whole Woman's Health Alliance. (Brown, David)
April 3, 2018 Opinion or Order Filing 133 ORDER DENYING without prejudice Texas Catholic Conference's 120 Motion to Quash and for Protective Order and Requiem Aeternam Corporation's 122 Motion to Quash and for Protective Order. Signed by Judge Andrew W. Austin. (lt)
April 3, 2018 Filing 132 NOTICE of Attorney Appearance by Andrew F. MacRae on behalf of Requiem Aeternam Corporation. Attorney Andrew F. MacRae added to party Requiem Aeternam Corporation(pty:mov) (MacRae, Andrew)
April 3, 2018 Filing 131 NOTICE of Attorney Appearance by Andrew F. MacRae on behalf of Texas Catholic Conference. Attorney Andrew F. MacRae added to party Texas Catholic Conference(pty:mov) (MacRae, Andrew)
April 2, 2018 Filing 130 NOTICE of Intent to Respond to Our Lady of the Rosary Cemetery's Motion to Quash and for Protective Order and Noncompliance with the Local Rules by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Khumar, Nova Health Systems, Inc., Whole Woman's Health, Whole Woman's Health Alliance re 122 Opposed MOTION to Quash Subpoena MOTION for Protective Order (Brown, David)
April 2, 2018 Filing 129 NOTICE of Intent to Respond to Texas Catholic Conference of Bishops' Motion to Quash and for Protective Order and Noncompliance with the Local Rules by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Khumar, Nova Health Systems, Inc., Whole Woman's Health, Whole Woman's Health Alliance re 120 Opposed MOTION to Quash Opposed MOTION for Protective Order (Brown, David)
April 2, 2018 Filing 128 Witness List by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Khumar, Nova Health Systems, Inc., Whole Woman's Health, Whole Woman's Health Alliance. (Brown, David)
April 2, 2018 Filing 127 Exhibit List ; Plaintiffs' Trial Exhibit List by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Khumar, Nova Health Systems, Inc., Whole Woman's Health, Whole Woman's Health Alliance.. (Brown, David)
April 2, 2018 Filing 126 WITNESS/EXHIBIT/EXPERT LIST by Charles Smith . (McCarty, Darren)
April 2, 2018 Filing 125 Exhibit List Designation of Proposed Exhibits by Charles Smith.. (McCarty, Darren)
April 2, 2018 Filing 124 ATTACHMENT Proposed Order to 122 Opposed MOTION to Quash Subpoena MOTION for Protective Order by Requiem Aeternam Corporation. (Levatino, Steven)
April 2, 2018 Filing 123 ATTACHMENT Proposed Order to 120 Opposed MOTION to Quash Opposed MOTION for Protective Order by Texas Catholic Conference. (Levatino, Steven)
April 2, 2018 Filing 122 Opposed MOTION to Quash Subpoena, MOTION for Protective Order by Requiem Aeternam Corporation. (Attachments: # 1 Exhibit A- Subpoena, # 2 Exhibit B- Affidavit of Jimmy Shields). Motions referred to Judge Andrew W. Austin. (Levatino, Steven)
April 2, 2018 Filing 121 DEFICIENCY NOTICE to Mr. Levatino: re 120 Opposed MOTION to Quash Opposed MOTION for Protective Order . (lt)
April 2, 2018 Filing 120 Opposed MOTION to Quash , Opposed MOTION for Protective Order by Texas Catholic Conference. (Attachments: # 1 Exhibit A- Subpoena, # 2 Affidavit B- Affidavit of Jennifer Allmon). Motions referred to Judge Andrew W. Austin. (Levatino, Steven)
April 2, 2018 Notice of Correction to Mr. Levatino: re 120 Opposed MOTION to Quash Opposed MOTION for Protective Order . Pursuant to Section 5a(3) of the Administrative Policies and Procedures, civil pleadings that add parties are to be filed TRADITIONALLY rather than electronically. Please make note of this for future filings with this court. (lt)
March 22, 2018 Opinion or Order Filing 119 ORDER re 118 Stipulation. Signed by Judge David A. Ezra. (lt)
March 19, 2018 Filing 118 STIPULATION by John Hellerstedt, MD. (McCarty, Darren)
February 23, 2018 Opinion or Order Filing 117 ORDER re 116 Stipulation filed by John Hellerstedt. Signed by Judge David A. Ezra. (lt)
February 23, 2018 Filing 116 STIPULATION by John Hellerstedt. (McCarty, Darren)
February 7, 2018 Opinion or Order Filing 115 SCHEDULING ORDER: Amended Pleadings due by 3/1/2018, Discovery due by 6/15/2018, Joinder of Parties due by 3/1/2018, Final Pretrial Conference set for 7/13/2018 09:00 AM before Judge David A. Ezra, Bench Trial set for 7/16/2018 09:00 AM before Judge David A. Ezra. Signed by Judge Andrew W. Austin. (lt)
February 6, 2018 Filing 114 Minute Entry for proceedings held before Judge Andrew W. Austin: Status Conference held on 2/6/2018. Written Order to Follow. (Minute entry documents are not available electronically.) (Court Reporter ERO.)(lt)
February 5, 2018 Filing 113 Scheduling Recommendations by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Khumar, Nova Health Systems, Inc., Whole Woman's Health, Whole Woman's Health Alliance. (Brown, David)
February 1, 2018 Filing 112 NOTICE of Change of Address by Stephanie Toti. (lt)
January 31, 2018 Opinion or Order Filing 111 ORDER setting Scheduling Conference for 2/6/2018 02:30 PM before Judge Andrew W. Austin. Signed by Judge Andrew W. Austin. (lt)
January 29, 2018 Opinion or Order Filing 110 ORDER GRANTING IN PART Plaintiffs' 96 Second Motion for Preliminary Injunction. ORDER REFERRING the issue of setting an expedited scheduling order and discovery schedule and all non-dispositive discovery matters to Magistrate Judge Andrew W. Austin. ORDER for the parties to confer and submit proposed trial dates within TEN (10) DAYS of the entry of this order. Signed by Judge David A. Ezra. (lt)
January 29, 2018 REFERRED to Magistrate Judge Andrew W. Austin for the purposes of setting an expedited scheduling order and discovery schedule, and all non-dispositivediscovery matters. (lt)
January 24, 2018 Filing 109 REPLY to Response to Motion, filed by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Khumar, Nova Health Systems, Inc., Whole Woman's Health, Whole Woman's Health Alliance, re 96 Second MOTION for Preliminary Injunction , or in the Alternative a Temporary Restraining Order filed by Plaintiff Bhavik Khumar, Plaintiff Lendol L. Davis, M.D., Plaintiff Alamo City Surgery Center PLLC, Plaintiff Whole Woman's Health, Plaintiff Whole Woman's Health Alliance, Plaintiff Nova Health Systems, Inc., Plaintiff Brookside Women's Medical Center PA (Attachments: # 1 Appendix Supplemental Declaration of Lendol L. ("Tad") Davis)(Brown, David)
January 17, 2018 Filing 108 Response in Opposition to Motion, filed by John Hellerstedt, re 96 Second MOTION for Preliminary Injunction , or in the Alternative a Temporary Restraining Order filed by Plaintiff Bhavik Khumar, Plaintiff Lendol L. Davis, M.D., Plaintiff Alamo City Surgery Center PLLC, Plaintiff Whole Woman's Health, Plaintiff Whole Woman's Health Alliance, Plaintiff Nova Health Systems, Inc., Plaintiff Brookside Women's Medical Center PA (Attachments: # 1 Exhibit A, # 2 Proposed Order)(McCarty, Darren)
January 15, 2018 Filing 107 NOTICE of Change of Address by David P. Brown (Brown, David) (Main Document 107 replaced on 1/17/2018) (klw).
January 10, 2018 Filing 106 Minute Entry for proceedings held before Judge David A. Ezra: Status Conference held on 1/10/2018. Oral Order granting Defendant's 101 Motion for Extension of Time to File Response. Supplemental Documents Response to 96 due 1/17/18. Reply due 1/24/18. (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(klw)
January 10, 2018 Opinion or Order ORAL ORDER GRANTING Defendant's 101 Motion for Extension of Time to File Response to Plaintiffs' 96 Second MOTION for Preliminary Injunction, or in the Alternative a Temporary Restraining Order. Signed by Judge David A. Ezra. (klw)
January 9, 2018 Opinion or Order Filing 105 ORDER GRANTING 103 Motion for Autumn Katz to Appear Pro Hac Vice by on behalf of Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Khumar, Nova Health Systems, Inc., Whole Woman's Health. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David A. Ezra. (klw)
January 9, 2018 Opinion or Order Filing 104 ORDER GRANTING 102 Motion for Caroline Sacerdote to Appear Pro Hac Vice on behalf of Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Khumar, Nova Health Systems, Inc., Whole Woman's Health. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David A. Ezra. (klw)
January 8, 2018 Filing 103 MOTION to Appear Pro Hac Vice by Patrick J. O'Connell for Autumn C. Katz ( Filing fee $ 100 receipt number 0542-10335733) by on behalf of Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Khumar, Nova Health Systems, Inc., Whole Woman's Health. (O'Connell, Patrick)
January 8, 2018 Filing 102 MOTION to Appear Pro Hac Vice by Patrick J. O'Connell for Caroline Sacerdote ( Filing fee $ 100 receipt number 0542-10335478) by on behalf of Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Khumar, Nova Health Systems, Inc., Whole Woman's Health. (O'Connell, Patrick)
January 5, 2018 Filing 101 Unopposed MOTION for Extension of Time to File Response/Reply as to 96 Second MOTION for Preliminary Injunction , or in the Alternative a Temporary Restraining Order by John Hellerstedt. (Attachments: # 1 Proposed Order)(McCarty, Darren)
January 5, 2018 Filing 100 Defendant's Second Amended ANSWER to 93 Amended Complaint, by John Hellerstedt.(McCarty, Darren)
January 5, 2018 Filing 99 Defendant's First Amended ANSWER to 93 Amended Complaint, by John Hellerstedt.(McCarty, Darren)
January 5, 2018 Opinion or Order Filing 98 ORDER setting Status Conference for 1/10/2018 08:00 AM before Judge David A. Ezra. Signed by Judge David A. Ezra. (klw)
January 5, 2018 Opinion or Order Filing 97 ORDER GRANTING Joint 95 Motion for Leave to File Excess Pages regarding Plaintiff's Second Motion for a Preliminary Injunction. Signed by Judge David A. Ezra. (klw)
January 3, 2018 Filing 96 Second MOTION for Preliminary Injunction , or in the Alternative a Temporary Restraining Order by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Khumar, Nova Health Systems, Inc., Whole Woman's Health, Whole Woman's Health Alliance. (Attachments: # 1 Appendix, # 2 Proposed Order)(Brown, David)
January 3, 2018 Filing 95 Joint MOTION for Leave to Exceed Page Limitation Regarding Plaintiffs' Second Motion for a Preliminary Injunction by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Bhavik Khumar, Nova Health Systems, Inc., Whole Woman's Health, Whole Woman's Health Alliance. (Attachments: # 1 Proposed Order)(Brown, David)
January 2, 2018 Opinion or Order Filing 94 ORDER GRANTING 92 Motion for Dipti Singh to Appear Pro Hac Vice on behalf of plaintiffs. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge David A. Ezra. (klw)
December 22, 2017 Filing 93 AMENDED COMPLAINT against John Hellerstedt amending, filed by Nova Health Systems, Inc., Brookside Women's Medical Center PA, Lendol L. Davis, MD, Whole Woman's Health, Alamo City Surgery Center PLLC, Whole Woman's Health Alliance, Bhavik Khumar.(Brown, David)
December 22, 2017 Filing 92 MOTION to Appear Pro Hac Vice by Patrick J. O'Connell : Dipti Singh ( Filing fee $ 100 receipt number 0542-10302154) by on behalf of Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (O'Connell, Patrick)
December 18, 2017 Opinion or Order Filing 91 ORDER GRANTING Defendant's 85 Motion to Substitute Withdraw and Substitute Counsel. Assistant Attorney General John S. Langley, Assistant Attorney General Craig M. Warner, and Special Counsel for Civil Litigation Todd Lawrence Disher are withdrawn. Darren McCarty, Austin Nimocks, Beth Klusmann, Kara Holsinger and Benjamin Walton are substituted in their place. Signed by Judge David A. Ezra. (klw)
December 15, 2017 Filing 90 NOTICE of Attorney Appearance by Darren L. McCarty on behalf of John Hellerstedt (McCarty, Darren)
December 15, 2017 Filing 89 NOTICE of Attorney Appearance by Darren L. McCarty on behalf of John Hellerstedt (McCarty, Darren)
December 15, 2017 Filing 88 NOTICE of Attorney Appearance by Darren L. McCarty on behalf of John Hellerstedt (McCarty, Darren)
December 15, 2017 Filing 87 NOTICE of Attorney Appearance by Darren L. McCarty on behalf of John Hellerstedt (McCarty, Darren)
December 15, 2017 Filing 86 NOTICE of Attorney Appearance by Darren L. McCarty on behalf of John Hellerstedt (McCarty, Darren)
December 15, 2017 Filing 85 Unopposed MOTION to Substitute Attorney by John Hellerstedt. (Attachments: # 1 Proposed Order)(McCarty, Darren)
December 15, 2017 Opinion or Order Filing 84 ORDER DISMISSING as MOOT Plaintiffs' 70 Motion to Lift Stay. ORDER LIFTING the stay previously imposed in this case. Signed by Judge David A. Ezra. (klw)
December 12, 2017 Opinion or Order Filing 83 ORDER REASSIGNING CASE. Case reassigned to Judge David A. Ezra for all proceedings. Judge Sam Sparks no longer assigned to case. Signed by Judge Sam Sparks. (klw)
December 11, 2017 Filing 82 STATUS REPORT by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (Attachments: # 1 Exhibit A)(O'Connell, Patrick)
December 8, 2017 Filing 81 NOTICE of Change of Address by David P. Brown (Brown, David) (Main Document 81 replaced on 12/8/2017) (klw).
December 6, 2017 Filing 80 Certified copy of USCA JUDGMENT/MANDATE Granting appellant's unopposed motion to dismiss Notice of Appeal filed by John Hellerstedt. (klw)
September 11, 2017 Filing 79 STATUS REPORT by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (Brown, David)
July 26, 2017 Filing 78 RESPONSE to 77 by John Hellerstedt. (Langley, John) Modified on 7/26/2017 to edit text (ml).
July 19, 2017 Filing 77 LETTER by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (Brown, David) Modified on 7/19/2017 to edit text (ml).
June 30, 2017 Opinion or Order Filing 76 ORDER confirming oral pronouncement at status conference. Signed by Judge Sam Sparks. (ml)
June 30, 2017 Filing 75 Minute Entry for proceedings held before Judge Sam Sparks: Status Conference held on 6/30/2017 (Minute entry documents are not available electronically.). (Court Reporter Angela Hailey.)(ml)
June 22, 2017 Filing 74 REPLY to Response to Motion, filed by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health, re 70 MOTION to Lift Stay filed by Plaintiff Lendol L. Davis, M.D., Plaintiff Alamo City Surgery Center PLLC, Plaintiff Whole Woman's Health, Plaintiff Nova Health Systems, Inc., Plaintiff Brookside Women's Medical Center PA (O'Connell, Patrick)
June 16, 2017 Opinion or Order Filing 73 ORDER, ( Status Conference and all Pending Matters set for 6/30/2017 at 09:00 AM before Judge Sam Sparks,). Signed by Judge Sam Sparks. (dm)
June 15, 2017 Filing 72 RESPONSE to Motion, filed by John Hellerstedt, re 70 MOTION to Lift Stay filed by Plaintiff Lendol L. Davis, M.D., Plaintiff Alamo City Surgery Center PLLC, Plaintiff Whole Woman's Health, Plaintiff Nova Health Systems, Inc., Plaintiff Brookside Women's Medical Center PA (Attachments: # 1 Proposed Order proposed order)(Langley, John)
June 13, 2017 Filing 71 STATUS REPORT by John Hellerstedt. (Langley, John)
June 8, 2017 Filing 70 MOTION to Lift Stay by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (O'Connell, Patrick)
April 17, 2017 Certification of the Electronic Record on Appeal has been accepted by the 5th Circuit re Notice of Appeal. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions here (ml)
March 29, 2017 Filing 69 Transcript filed of Proceedings held on January 4, 2017, Proceedings Transcribed: Motion Hearing, Volume 2 of 2. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 4/19/2017, Redacted Transcript Deadline set for 5/1/2017, Release of Transcript Restriction set for 6/27/2017, Appeal Record due by 4/13/2017, (Reznik, Lily)
March 29, 2017 Filing 68 Transcript filed of Proceedings held on January 3, 2017, Proceedings Transcribed: Motion Hearing, Volume 1 of 2. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 4/19/2017, Redacted Transcript Deadline set for 5/1/2017, Release of Transcript Restriction set for 6/27/2017, Appeal Record due by 4/13/2017, (Reznik, Lily)
March 20, 2017 Filing 67 ADVISORY TO THE COURT by John Hellerstedt. (Langley, John)
March 16, 2017 Opinion or Order Filing 66 ORDER GRANTING 57 Motion to Stay. Parties are direct to file a pleading every ninety (90) days from the entry of this order as to the status of the case on appeal. Signed by Judge Sam Sparks. (ml)
March 16, 2017 Case Stayed per order 66 . (ml)
March 13, 2017 Filing 65 Original ANSWER to 1 Complaint, by John Hellerstedt.(Langley, John)
March 3, 2017 Filing 64 TRANSCRIPT REQUEST by John Hellerstedt for dates of 12/15/16, 01/03-04/17. Proceedings Transcribed: TRO Hearing and Preliminary Injunction Hearing. Court Reporter: Lily Reznik. (klw)
March 2, 2017 Filing 63 Response in Opposition to Motion, filed by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health, re 57 MOTION to Stay Merits Proceeding Pending Resolution of Appeal filed by Defendant John Hellerstedt CORRECTED (Attachments: # 1 Proposed Order)(Brown, David)
March 2, 2017 Filing 62 DEFICIENCY NOTICE: for David P. Brown re 61 Response in Opposition to Motion, (ml)
March 2, 2017 Filing 61 Response in Opposition to Motion, filed by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health, re 57 MOTION to Stay Merits Proceeding Pending Resolution of Appeal filed by Defendant John Hellerstedt (Brown, David)
February 27, 2017 Filing 60 NOTICE Pursuant to Western District of Texas Civil Rule 16(c) by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health (Attachments: # 1 Proposed Order Plaintiffs' Proposed Scheduling Order, # 2 Appendix 1: Blackline Against the Court's Form Scheduling Order)(Lawrence, J.)
February 27, 2017 Filing 59 USCA Appeal Fees received $ 505 receipt number 100029625 re Notice of Appeal, filed by John Hellerstedt (Attachments: # 1 attachment, # 2 envelope)(ml)
February 27, 2017 Filing 58 NOTICE of Defendant's Filing of Proposed Scheduling Order by John Hellerstedt (Attachments: # 1 Proposed Order)(Langley, John)
February 23, 2017 NOTICE OF APPEAL following 56 Notice of Appeal (E-Filed) by John Hellerstedt. Filing fee not submitted. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out Form DKT-13 (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (ml)
February 23, 2017 Filing 57 MOTION to Stay Merits Proceeding Pending Resolution of Appeal by John Hellerstedt. (Attachments: # 1 Proposed Order)(Langley, John)
February 23, 2017 Filing 56 Appeal of Order entered by District Judge 49 by John Hellerstedt. No filing fee submitted (Langley, John)
February 9, 2017 Opinion or Order Filing 55 ORDER GRANTING 54 Motion for Extension of Time to Answer ; John Hellerstedt answer due 3/13/2017. Signed by Judge Sam Sparks. (ml)
February 9, 2017 Filing 54 Unopposed MOTION for Extension of Time to File Answer by John Hellerstedt. (Attachments: # 1 Proposed Order)(Langley, John)
February 6, 2017 Filing 52 Transcript filed of Proceedings held on December 15, 2016, Proceedings Transcribed: Temporary Restraining Order. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 2/27/2017, Redacted Transcript Deadline set for 3/9/2017, Release of Transcript Restriction set for 5/8/2017, (Reznik, Lily)
January 27, 2017 Opinion or Order Filing 51 ORDER DENYING 48 Motion for Leave to File Amicus Brief. Signed by Judge Sam Sparks. (ml)
January 27, 2017 Opinion or Order Filing 50 ORDER OF JUDGMENT. Signed by Judge Sam Sparks. (ml)
January 27, 2017 Opinion or Order Filing 49 ORDER GRANTING 6 Motion for a Preliminary Injunction. Parties are directed to file a proposed scheduling order within 30 days from the entry of this order. Signed by Judge Sam Sparks. (ml)
January 23, 2017 Filing 48 MOTION for Leave to File Amicus Brief by Jay Marcom. (Attachments: # 1 Brief, # 2 Proposed Order, # 3 Envelope)(ml)
January 12, 2017 Filing 47 Proposed Findings of Fact by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (Brown, David)
January 12, 2017 Filing 46 BRIEF by John Hellerstedt. (Langley, John)
January 4, 2017 Filing 43 TRANSCRIPT REQUEST for proceedings held on 1/4/2016. Proceedings Transcribed: Witness Testimony. Court Reporter: Lily Reznik. (jf)
January 4, 2017 Filing 42 List of WITNESSES/EXPERTS Preliminary Injunction Hearing on January 3, 2017. (jf)
January 4, 2017 Filing 41 Minute Entry for proceedings held before Judge Sam Sparks: Motion Hearing held on 1/4/2017 re 6 MOTION for Temporary Restraining Order , or Alternatively, a Preliminary Injunction, and Memorandum of Law in Support filed by Lendol L. Davis, M.D., Alamo City Surgery Center PLLC, Whole Woman's Health, Nova Health Systems, Inc., Brookside Women's Medical Center PA (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(jf)
January 4, 2017 Opinion or Order Filing 40 ORDER. Signed by Judge Sam Sparks. (jf)
January 4, 2017 Opinion or Order Filing 39 ORDER re 37 Stipulation filed by Lendol L. Davis, M.D., Alamo City Surgery Center PLLC, Whole Woman's Health, Nova Health Systems, Inc., Brookside Women's Medical Center PA. Signed by Judge Sam Sparks. (jf)
January 4, 2017 Filing 38 ADVISORY TO THE COURT by John Hellerstedt. (Attachments: # 1 Exhibit)(Langley, John)
January 3, 2017 Filing 45 Defendants' Exhibit List and Exhibits for Permanent Injunction Hearing on 01/03/2017. (Attachments: # 1 Exhibit 1-18)(ml)
January 3, 2017 Filing 44 Plaintiffs' Exhibit List and Exhibits for Preliminary Injunction Hearing on 01/03/2017. (Attachments: # 1 Exhibit 1-2, # 2 Exhibit Continuation 2-20)(ml)
January 3, 2017 Filing 37 STIPULATION by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (O'Connell, Patrick)
January 3, 2017 Filing 36 Minute Entry for proceedings held before Judge Sam Sparks: Motion Hearing held on 1/3/2017 re 6 MOTION for Temporary Restraining Order , or Alternatively, a Preliminary Injunction, and Memorandum of Law in Support filed by Lendol L. Davis, M.D., Alamo City Surgery Center PLLC, Whole Woman's Health, Nova Health Systems, Inc., Brookside Women's Medical Center PA (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(jf)
January 2, 2017 Filing 35 Miscellaneous Objection Defendant's Objections to Plaintiffs' Declarations by John Hellerstedt. (Langley, John)
December 30, 2016 Filing 34 NOTICE of Changes in Local Counsel's Firm by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health (O'Connell, Patrick)
December 30, 2016 Filing 33 NOTICE of Attorney Appearance by Craig Michael Warner on behalf of John Hellerstedt (Warner, Craig)
December 30, 2016 Filing 32 NOTICE of Attorney Appearance by Todd Lawrence Disher on behalf of John Hellerstedt (Disher, Todd)
December 29, 2016 Opinion or Order Filing 31 Supplemental ORDER re 28 Order on Motion for Protective Order. Signed by Judge Sam Sparks. (jf)
December 29, 2016 Opinion or Order Filing 30 ORDER re 27 Stipulation filed by Lendol L. Davis, M.D., Alamo City Surgery Center PLLC, Whole Woman's Health, Nova Health Systems, Inc., Brookside Women's Medical Center PA. Signed by Judge Sam Sparks. (jf)
December 29, 2016 Opinion or Order Filing 29 ORDER re 26 Stipulation filed by Lendol L. Davis, M.D., Alamo City Surgery Center PLLC, Whole Woman's Health, Nova Health Systems, Inc., Brookside Women's Medical Center PA. Signed by Judge Sam Sparks. (jf)
December 29, 2016 Opinion or Order Filing 28 ORDER GRANTING 25 Motion for Protective Order. Signed by Judge Sam Sparks. (jf)
December 28, 2016 Filing 27 STIPULATION by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (O'Connell, Patrick)
December 28, 2016 Filing 26 STIPULATION by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (O'Connell, Patrick)
December 28, 2016 Filing 25 Joint MOTION for Protective Order by Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (O'Connell, Patrick)
December 15, 2016 Opinion or Order Filing 24 ORDER, Set Motion Hearing for 6 MOTION for Temporary Restraining Order , or Alternatively, a Preliminary Injunction, and Memorandum of Law in Support ( Motion Hearing set for 1/6/2017 09:00 AM before Judge Sam Sparks,). Signed by Judge Sam Sparks. (ml)
December 15, 2016 Opinion or Order Filing 23 ORDER GRANTING 16 Motion for Leave to Exceed the Page Limit for Response to Plaintiffs' Motion for a Temporary Restraining Order. Signed by Judge Sam Sparks. (ml)
December 15, 2016 Opinion or Order Filing 22 ORDER GRANTING 5 Motion to Exceed Page Limits for Motion for aTemporary Restraining Order or Alternatively a Preliminary Injunction. Signed by Judge Sam Sparks. (ml)
December 15, 2016 Opinion or Order Filing 21 ORDER GRANTING 10 Motion for Molly Duane to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Sam Sparks. (ml)
December 15, 2016 Opinion or Order Filing 20 ORDER GRANTING 9 Motion for J. Alexander Lawrence to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Sam Sparks. (ml)
December 15, 2016 Opinion or Order Filing 19 ORDER GRANTING 11 Motion for David P. Brown to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Sam Sparks. (ml)
December 15, 2016 Filing 18 Minute Entry for proceedings held before Judge Sam Sparks: Motion Hearing held on 12/15/2016 re 6 MOTION for Temporary Restraining Order , or Alternatively, a Preliminary Injunction, and Memorandum of Law in Support filed by Lendol L. Davis, M.D., Alamo City Surgery Center PLLC, Whole Woman's Health, Nova Health Systems, Inc., Brookside Women's Medical Center PA (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(ml)
December 14, 2016 Filing 17 RESPONSE to Motion, filed by John Hellerstedt, re 6 MOTION for Temporary Restraining Order , or Alternatively, a Preliminary Injunction, and Memorandum of Law in Support filed by Plaintiff Lendol L. Davis, M.D., Plaintiff Alamo City Surgery Center PLLC, Plaintiff Whole Woman's Health, Plaintiff Nova Health Systems, Inc., Plaintiff Brookside Women's Medical Center PA (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Langley, John)
December 14, 2016 Filing 16 Unopposed MOTION for Leave to Exceed Page Limitation by John Hellerstedt. (Attachments: # 1 Proposed Order)(Langley, John)
December 13, 2016 Filing 15 WAIVER OF SERVICE Returned Executed by Whole Woman's Health, Lendol L. Davis, MD, Nova Health Systems, Inc., Brookside Women's Medical Center PA, Alamo City Surgery Center PLLC as to John Hellerstedt. Waiver sent on 12/12/2016, answer due 2/10/2017. (O'Connell, Patrick)
December 12, 2016 Opinion or Order Filing 14 ORDER, Set Motion Hearing for 6 MOTION for Temporary Restraining Order , or Alternatively, a Preliminary Injunction, and Memorandum of Law in Support ( Motion Hearing set for 12/15/2016 02:00 PM before Judge Sam Sparks,). Signed by Judge Sam Sparks. (ml)
December 12, 2016 Filing 13 NOTICE of Attorney Appearance by Jan Soifer on behalf of Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health (Soifer, Jan)
December 12, 2016 Filing 12 Summons Issued as to John Hellerstedt. (afd)
December 12, 2016 Filing 11 MOTION to Appear Pro Hac Vice by Patrick J. O'Connell David Brown ( Filing fee $ 100 receipt number 0542-9112549) by on behalf of Alamo City Surgery Center, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (O'Connell, Patrick)
December 12, 2016 Filing 10 MOTION to Appear Pro Hac Vice by Patrick J. O'Connell Molly Duane ( Filing fee $ 100 receipt number 0542-9112452) by on behalf of Alamo City Surgery Center, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (O'Connell, Patrick)
December 12, 2016 Filing 9 MOTION to Appear Pro Hac Vice by J. Alexander Lawrence ( Filing fee $ 100 receipt number 0542-9112284) by on behalf of Alamo City Surgery Center, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (Lawrence, J.)
December 12, 2016 Filing 8 NOTICE of Attorney Appearance by Stephanie Toti on behalf of Alamo City Surgery Center, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. Attorney Stephanie Toti added to party Alamo City Surgery Center(pty:pla), Attorney Stephanie Toti added to party Brookside Women's Medical Center PA(pty:pla), Attorney Stephanie Toti added to party Lendol L. Davis, MD(pty:pla), Attorney Stephanie Toti added to party Nova Health Systems, Inc.(pty:pla), Attorney Stephanie Toti added to party Whole Woman's Health(pty:pla) (Toti, Stephanie)
December 12, 2016 Filing 7 NOTICE of Attorney Appearance by Patrick J. O'Connell on behalf of Alamo City Surgery Center, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health (O'Connell, Patrick)
December 12, 2016 Filing 6 MOTION for Temporary Restraining Order , or Alternatively, a Preliminary Injunction, and Memorandum of Law in Support by Alamo City Surgery Center, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D, # 5 Appendix E, # 6 Appendix F, # 7 Appendix G, # 8 Appendix H, # 9 Appendix I, # 10 Appendix J, # 11 Appendix K, # 12 Proposed Order)(O'Connell, Patrick)
December 12, 2016 Filing 5 MOTION for Leave to Exceed Page Limitation by Alamo City Surgery Center, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (Attachments: # 1 Proposed Order)(O'Connell, Patrick)
December 12, 2016 Filing 4 RULE 7 DISCLOSURE STATEMENT filed by Alamo City Surgery Center, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (O'Connell, Patrick)
December 12, 2016 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS by Alamo City Surgery Center, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (O'Connell, Patrick)
December 12, 2016 Filing 2 JS44 (Civil Cover Sheet) submitted by Alamo City Surgery Center, Brookside Women's Medical Center PA, Lendol L. Davis, MD, Nova Health Systems, Inc., Whole Woman's Health. (O'Connell, Patrick)
December 12, 2016 Filing 1 COMPLAINT ( Filing fee $ 400 receipt number 0542-9111981), filed by Whole Woman's Health, Lendol L. Davis, MD, Nova Health Systems, Inc., Brookside Women's Medical Center PA, Alamo City Surgery Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(O'Connell, Patrick)
December 12, 2016 Case Assigned to Judge Sam Sparks. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (afd)

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Search for this case: Whole Woman's Health et al v. Hellerstedt
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Plaintiff: Alamo City Surgery Center PLLC
Represented By: David P. Brown
Represented By: Molly Duane
Represented By: J. Alexander Lawrence
Represented By: Patrick J. O'Connell
Represented By: Jan Soifer
Represented By: Stephanie Toti
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Plaintiff: Brookside Women's Medical Center PA
Represented By: David P. Brown
Represented By: Molly Duane
Represented By: J. Alexander Lawrence
Represented By: Patrick J. O'Connell
Represented By: Jan Soifer
Represented By: Stephanie Toti
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Plaintiff: Lendol L. Davis, M.D.
Represented By: David P. Brown
Represented By: Molly Duane
Represented By: J. Alexander Lawrence
Represented By: Patrick J. O'Connell
Represented By: Jan Soifer
Represented By: Stephanie Toti
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Plaintiff: Nova Health Systems, Inc.
Represented By: David P. Brown
Represented By: Molly Duane
Represented By: J. Alexander Lawrence
Represented By: Patrick J. O'Connell
Represented By: Jan Soifer
Represented By: Stephanie Toti
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Plaintiff: Whole Woman's Health
Represented By: David P. Brown
Represented By: Molly Duane
Represented By: J. Alexander Lawrence
Represented By: Patrick J. O'Connell
Represented By: Jan Soifer
Represented By: Stephanie Toti
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Defendant: Dr. John Hellerstedt
Represented By: Todd Lawrence Disher
Represented By: John S. Langley
Represented By: Craig Michael Warner
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