Whole Woman's Health Alliance et al v. United States Food and Drug Administration et al
| Whole Woman's Health Alliance, Whole Woman's Health, Whole Woman's Health of the Twin Cities, LLC, Blue Mountain Clinic, Helen Weems, APRN-FNP, All Families Healthcare and Trust Women Foundation |
| United States Food and Drug Administration, Robert M Califf, MD, United States Department of Health and Human Services and Xavier Becerra |
| 3:2023cv00019 |
| May 8, 2023 |
| US District Court for the Western District of Virginia |
| Robert S Ballou |
| Norman K Moon |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on August 21, 2023. A more recent docket listing may be available from PACER.
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Filing 40
Supplemental Brief / Memorandum in Opposition re #8 MOTION for Preliminary Injunction , Reply re #25 MOTION to Stay Proceedings . filed by Xavier Becerra, Robert M Califf, MD, United States Department of Health and Human Services, United States Food and Drug Administration. (Belfer, Isaac)
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Filing 39
ORDER granting #38 Motion to Stay Defendants Answer or Response Deadline pending the Court's resolution of the Plaintiffs' pending Motion for Preliminary Injunction. Signed by District Judge Robert S. Ballou on 6/28/2023. (jv)
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Filing 38
Joint MOTION to Stay Defendants Answer or Response Deadline by Xavier Becerra, Robert M Califf, MD, United States Department of Health and Human Services, United States Food and Drug Administration. (Belfer, Isaac)
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Filing 37
TRANSCRIPT of Proceedings: Motions hearing held on 6/8/2023 before Judge Robert S. Ballou. Court Reporter/Transcriber Lisa Blair, Telephone number 434.409.4575. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER unless a Redacted Transcript has been filed. Redaction Request due 7/12/2023. Redacted Transcript Deadline set for 7/24/2023. Release of Transcript Restriction set for 9/19/2023. (lmb)
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Filing 36
Transcript Copy Delivered re #32 Transcript Request,, (lmb)
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Filing 35
Financial arrangements made (Copy) (3 Days Service) re #32 Transcript Request,, Transcript due by 6/22/2023. (lmb)
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Filing 34
Financial arrangements made (Original) (3 Days Service) re #31 Transcript Request, Transcript due by 6/22/2023. (lmb)
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Filing 33
Reply In Support of Plaintiffs' Motion for Preliminary Injunction, RESPONSE in Opposition re #25 MOTION to Stay Proceedings, #8 MOTION for Preliminary Injunction . filed by All Families Healthcare, Blue Mountain Clinic, Trust Women Foundation, Helen Weems, APRN-FNP, Whole Woman's Health, Whole Woman's Health Alliance, Whole Woman's Health of the Twin Cities, LLC. (Muqaddam, Rabia)
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Filing 32
TRANSCRIPT REQUEST (Daily Service) by All Families Healthcare, Blue Mountain Clinic, Trust Women Foundation, Helen Weems, APRN-FNP, Whole Woman's Health, Whole Woman's Health Alliance, Whole Woman's Health of the Twin Cities, LLC for Hearing on Motion for Preliminary Injunction held on June 8, 2023 reported by Court Reporter Lisa Blair before Judge Judge R. S. Ballou. Transcript Due Deadline will be set when Financial Arrangements are made. (Muqaddam, Rabia)
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Filing 31
TRANSCRIPT REQUEST (Daily Service) by Xavier Becerra, Robert M Califf, MD, United States Department of Health and Human Services, United States Food and Drug Administration for Hearing on Motion for Preliminary Injunction held on June 8, 2023 reported by Court Reporter Lisa Blair before Judge Robert S. Ballou. Transcript Due Deadline will be set when Financial Arrangements are made. (Katzen, Noah)
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Filing 29
ORDER for Briefing Schedule regarding #8 MOTION for Preliminary Injunction and #25 MOTION to Stay Proceedings. Signed by District Judge Robert S. Ballou on 6/9/2023. (skm)
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Filing 30
Minute Entry for proceedings held before District Judge Robert S. Ballou: Motion Hearing held on 6/8/2023 re #8 MOTION for Preliminary Injunction filed by Trust Women Foundation, All Families Healthcare, Helen Weems, APRN-FNP, Whole Woman's Health of the Twin Cities, LLC, Whole Woman's Health, Blue Mountain Clinic, Whole Woman's Health Alliance. (Court Reporter: Lisa Blair, OCR) (kld)
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Filing 28
NOTICE of Hearing on #8 MOTION for Preliminary Injunction : (CR) . Motion Hearing set for 6/8/2023 11:00 AM in Charlottesville before District Judge Robert S. Ballou. (kld) Modified on 6/6/2023 to remove motion - Motion to Stay will NOT be heard at this hearing. (kld).
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Filing 27
Amended Brief/Memorandum in Opposition to #8 Motion for Preliminary Injunction and in Support of #25 Motion to Stay Proceedings (AMENDED AND CORRECTED) filed by Xavier Becerra, Robert M Califf, MD, United States Department of Health and Human Services, United States Food and Drug Administration. (Attachments: #1 Exhibit Katzen Declaration and Exhibits)(Katzen, Noah) Modified on 6/5/2023, corrected docket text to add links to motions(skm).
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Filing 26
Brief/Memorandum in Opposition to Motion for Preliminary Injunction and in Support of Motion to Stay Proceedings. filed by Xavier Becerra, Robert M Califf, MD, United States Department of Health and Human Services, United States Food and Drug Administration. (Attachments: #1 Exhibit Katzen Declaration and Exhibits)(Katzen, Noah)
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Filing 25
MOTION to Stay Proceedings by Xavier Becerra, Robert M Califf, MD, United States Department of Health and Human Services, United States Food and Drug Administration. (Attachments: #1 Text of Proposed Order)(Katzen, Noah)
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Filing 24
NOTICE of Appearance by Isaac Belfer on behalf of All Defendants (Belfer, Isaac)
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Filing 23
ORAL ORDER granting #18 Motion for Extension of Time to File Response/Reply to the extent that Defendants' response shall be due by the close of business on June 5, 2023. A supplemental briefing schedule will be discussed at the hearing on the Motion for a Preliminary Injunction (Dkt. 8), which is scheduled for June 8, 2023. Entered by District Judge Robert S. Ballou on 05/17/2023. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(cmh)
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Filing 22
NOTICE of Hearing on Motion #8 MOTION for Preliminary Injunction : (CR) Motion Hearing set for 6/8/2023 11:00 AM in Charlottesville before District Judge Robert S. Ballou. (kab)
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Filing 21
NOTICE of Hearing: (N) In Chambers Conference set for 5/17/2023 05:00 PM in by telephone conference before District Judge Robert S. Ballou. (kab)
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Filing 20
ORAL ORDER TRANSFERRING CASE. It is hereby ORDERED that this matter shall be TRANSFERRED to the docket of the Honorable Robert S. Ballou, United States District Judge for the Western District of Virginia, for all further action. Senior Judge Norman K. Moon is no longer assigned to the case. Entered by Senior Judge Norman K. Moon on May 16, 2023. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ca)
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Filing 19
RESPONSE in Opposition re #18 Emergency MOTION for Extension of Time to File Response/Reply . filed by All Families Healthcare, Blue Mountain Clinic, Trust Women Foundation, Helen Weems, APRN-FNP, Whole Woman's Health, Whole Woman's Health Alliance, Whole Woman's Health of the Twin Cities, LLC. (Muqaddam, Rabia)
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Filing 18
Emergency MOTION for Extension of Time to File Response/Reply to #8 Motion for Preliminary Injunction by Xavier Becerra, Robert M Califf, MD, United States Department of Health and Human Services, United States Food and Drug Administration. (Attachments: #1 Text of Proposed Order)(Katzen, Noah) Modified on 5/17/2023 (skm).
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Filing 17
NOTICE of Appearance by Noah T. Katzen on behalf of Xavier Becerra, Robert M Califf, MD, United States Department of Health and Human Services, United States Food and Drug Administration (Katzen, Noah)
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Gail M. Deady, in accordance with Section B.9. of the Administrative Procedures for Filing, Signing and Verifying Pleadings and Papers by Electronic Means, a registered user is responsible for ensuring their mailing address, primary email address, and telephone number are kept up-to-date with this court by #updating the information in their PACER account. To update your information, log into PACER.gov and click the Maintenance tab to Update this information with this court. (ca)
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Filing 16
NOTICE of Appearance by Rabia Muqaddam on behalf of All Plaintiffs (Muqaddam, Rabia)
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Filing 15
SUMMONS Returned Executed by All Families Healthcare, Whole Woman's Health of the Twin Cities, LLC, Trust Women Foundation, Whole Woman's Health, Blue Mountain Clinic, Whole Woman's Health Alliance, Helen Weems, APRN-FNP. All Defendants.(Deady, Gail)
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Filing 14
ORAL ORDER regarding #12 Certificate of Service filed by Trust Women Foundation, All Families Healthcare, Helen Weems, APRN-FNP, Whole Woman's Health of the Twin Cities, LLC, Whole Woman's Health, Blue Mountain Clinic, Whole Woman's Health Alliance: Plaintiffs counsel shall file a supplemental certificate of service demonstrating service upon the U.S. Attorney's Office in Charlottesville, when such service has been effected. See Fed. R. Civ. P. 4(i)(1)-(2). Entered by Senior Judge Norman K. Moon on 5/9/2023. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(skm)
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Filing 13
ORAL ORDER granting #11 MOTION to Appear Pro Hac Vice: Upon consideration of the motion of Rabia Muqaddam to appear pro hac vice, and finding the requirements for pro hac vice admission have been satisfied and for good cause shown, the Court grants the motion. Dkt. 11. Ms. Muqaddam may appear and practice pro hac vice in this matter as counsel for Plaintiffs. See W.D. Va. Gen. R. 6(d). Entered by Senior Judge Norman K. Moon on 5/9/2023. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(skm)
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Filing 12
CERTIFICATE OF SERVICE by All Families Healthcare, Blue Mountain Clinic, Trust Women Foundation, Helen Weems, APRN-FNP, Whole Woman's Health, Whole Woman's Health Alliance, Whole Woman's Health of the Twin Cities, LLC re #9 Summons Issued,, (Deady, Gail)
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Filing 11
MOTION for Rabia Muqaddam to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-4182073. by All Families Healthcare, Blue Mountain Clinic, Trust Women Foundation, Helen Weems, APRN-FNP, Whole Woman's Health, Whole Woman's Health Alliance, Whole Woman's Health of the Twin Cities, LLC. (Attachments: #1 Text of Proposed Order)(Deady, Gail)
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Filing 10
Brief / Memorandum in Support re #8 MOTION for Preliminary Injunction . filed by All Families Healthcare, Blue Mountain Clinic, Trust Women Foundation, Helen Weems, APRN-FNP, Whole Woman's Health, Whole Woman's Health Alliance, Whole Woman's Health of the Twin Cities, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Deady, Gail)
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Filing 9
Electronic Summons Issued as to Xavier Becerra, Robert M Califf, MD, United States Department of Health and Human Services, United States Food and Drug Administration. NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4. (Attachments: #1 Summons Issued, #2 Summons Issued, #3 Summons Issued, #4 Summons Issued, #5 Summons Issued, #6 Summons Issued, #7 Summons Issued, #8 Summons Issued)(skm) Corrected docket text on 5/8/2023. (skm)
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Filing 8
MOTION for Preliminary Injunction by All Families Healthcare, Blue Mountain Clinic, Trust Women Foundation, Helen Weems, APRN-FNP, Whole Woman's Health, Whole Woman's Health Alliance, Whole Woman's Health of the Twin Cities, LLC. (Attachments: #1 Text of Proposed Order)(Deady, Gail)
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Filing 7
Negative Corporate Disclosure Statement by Trust Women Foundation (Deady, Gail) (Main Document 7 replaced on 5/9/2023, replaced with flattened document) (skm).
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Filing 6
Negative Corporate Disclosure Statement by All Families Healthcare (Deady, Gail) (Main Document 6 replaced on 5/9/2023, replaced with flattened document) (skm).
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Filing 5
Negative Corporate Disclosure Statement by Blue Mountain Clinic (Deady, Gail) (Main Document 5 replaced on 5/9/2023, replaced with flattened document) (skm).
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Filing 4
Positive Corporate Disclosure Statement by Whole Woman's Health of the Twin Cities, LLC identifying Corporate Parent The Booyah Group, LLC for Whole Woman's Health of the Twin Cities, LLC. (Deady, Gail) (Main Document 4 replaced on 5/9/2023, replaced with flattened document) (skm).
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Filing 3
Positive Corporate Disclosure Statement by Whole Woman's Health Alliance identifying Corporate Parent The Booyah Group, LLC for Whole Woman's Health Alliance. (Deady, Gail) (Main Document 3 replaced on 5/9/2023, replaced with flattened document) (skm).
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Filing 2
Negative Corporate Disclosure Statement by Whole Woman's Health (Deady, Gail) (Main Document 2 replaced on 5/9/2023, replaced with flattened document) (skm).
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Filing 1
COMPLAINT for Declaratory and Injunctive Relief against Xavier Becerra, Robert M Califf, MD, United States Department of Health and Human Services, United States Food and Drug Administration (Filing & Administrative fee $ 402 receipt number AVAWDC-4181412), filed by All Families Healthcare, Whole Woman's Health of the Twin Cities, LLC, Trust Women Foundation, Whole Woman's Health, Blue Mountain Clinic, Whole Woman's Health Alliance, Helen Weems, APRN-FNP. (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Civil Cover Sheet)(skm)
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