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Case TitleARIZONA FAMILY HEALTH PARTNERSHIP et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02581
Date Filed2018-11-08
Date Closed2019-02-13
JudgeJudge Trevor N. McFadden
PlaintiffARIZONA FAMILY HEALTH PARTNERSHIP
PlaintiffFAMILY PLANNING COUNCIL OF IOWA 108
DefendantUNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-11-081COMPLAINT against DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-5784127) filed by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for Health & Human Services, # 3 Summons for US Attorney for DC, # 4 Summons for Attorney General)(Magid, Creighton) (Entered: 11/08/2018)
2018-11-082MOTION for Temporary Restraining Order by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA (Attachments: # 1 Declaration of Alex P. Hontos, # 2 Text of Proposed Order)(Magid, Creighton) (Entered: 11/08/2018)
2018-11-083LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA (Magid, Creighton) (Entered: 11/08/2018)
2018-11-084SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Declaration, # 4 Declaration of Creighton Magid, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Memorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction, # 18 Text of Proposed Order)(Magid, Creighton) (Entered: 11/08/2018)
2018-11-085ERRATA by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA 4 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA (This document is SEALED and only available to authorized persons.) filed by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA, 2 MOTION for Temporary Restraining Order filed by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 14)(Magid, Creighton) (Entered: 11/08/2018)
2018-11-086NOTICE OF SUPPLEMENTAL AUTHORITY by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA (Magid, Creighton) (Entered: 11/08/2018)
2018-11-087CERTIFICATE OF SERVICE by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA re 4 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA (This document is SEALED and only available to authorized persons.), 1 Complaint, 2 MOTION for Temporary Restraining Order , 3 LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests, 5 Errata,, . (Magid, Creighton) (Entered: 11/08/2018)
2018-11-098NOTICE of Appearance by Melanie Dyani Hendry on behalf of DEPARTMENT OF HEALTH AND HUMAN SERVICES (Hendry, Melanie) (Entered: 11/09/2018)
2018-11-099MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alex P. Hontos, :Firm- Dorsey & Whitney LLP, :Address- 50 South Sixth Street, Suite 1500, Minneapois, MN 55402-1498. Phone No. - 612-492-6634. Fax No. - 612-340-2868 Filing fee $ 100, receipt number 0090-5785103. Fee Status: Fee Paid. by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA (Attachments: # 1 Declaration of Alex P. Hontos, # 2 Text of Proposed Order)(Magid, Creighton) (Entered: 11/09/2018)
2018-11-09Case Assigned to Judge Trevor N. McFadden. (zsb) (Entered: 11/09/2018)
2018-11-0910SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 11/09/2018)
2018-11-09MINUTE ORDER granting the 9 Motion for Leave to Appear Pro Hac Vice of Attorney Alex P. Hontos. Counsel shall promptly register for this Court's CM/ECF system. Signed by Judge Trevor N. McFadden on 11/9/2018. (lctnm3) Modified on 11/9/2018 to edit event title(hmc). (Entered: 11/09/2018)
2018-11-0911RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/9/2018. (Magid, Creighton) (Entered: 11/09/2018)
2018-11-0912RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 11/9/2018 (Magid, Creighton) (Entered: 11/09/2018)
2018-11-0913RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/9/2018. Answer due for ALL FEDERAL DEFENDANTS by 1/8/2019. (Magid, Creighton) (Entered: 11/09/2018)
2018-11-09Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephone Conference held in Chambers on 11/9/2018. Order forthcoming. (Court Reporter: Sara Wick.) (hmc) (Entered: 11/09/2018)
2018-11-09MINUTE ORDER continuing the Hearing on Plaintiffs' 2 Motion for a Temporary Restraining Order. Defendant may oppose Plaintiffs' 2 Motion for Temporary Restraining Order on or before November 15, 2018 at noon. Plaintiffs may reply to any opposition on or before November 19, 2018. A motion hearing will be held on November 20, 2018 at 3:00 PM in Courtroom 2 before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden. (lctnm1) (Entered: 11/09/2018)
2018-11-13Set/Reset Deadlines/Hearings: Defendant's opposition to Plaintiffs' 2 Motion due by 11/15/2018. Plaintiff's reply to any opposition due by 11/19/2018. Motion Hearing set for 11/20/2018 at 3:00 PM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 11/13/2018)
2018-11-1414MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Temporary Restraining Order by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Hendry, Melanie) (Entered: 11/14/2018)
2018-11-1915MINUTE ORDER granting Defendant's 14 Motion for Extension of Time in part. The Defendant has agreed to defer the release of the documents at issue until December 10, 2018. (See attached e-mail exchange.) The Court will consider Plaintiff's request both for a temporary restraining order and a preliminary injunction at this time. Accordingly, Defendant may oppose Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction on or before November 28, 2018. Plaintiffs may reply to any opposition on or before December 5, 2018. A motion hearing will be held on December 7, 2018 at 2:30 PM in Courtroom 2 before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/19/18. (lctnm1) (Entered: 11/19/2018)
2018-11-20Set/Reset Deadlines/Hearings: Defendant's opposition to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction due by 11/28/2018. Plaintiffs' reply to Defendant's opposition due by 12/5/2018. Motion Hearing set for 12/7/2018 at 2:30 PM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 11/20/2018)
2018-11-2816RESPONSE re 2 MOTION for Temporary Restraining Order filed by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Daley Declaration, # 2 Huber Declaration)(Hendry, Melanie) (Entered: 11/28/2018)
2018-11-2917STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 11/29/2018. (lctnm1) (Entered: 11/29/2018)
2018-11-29MINUTE ORDER setting a telephone conference on Friday, November 30, 2018 at 10:30 a.m. in Chambers before Judge Trevor N. McFadden. Dial-in information has been emailed to counsel. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/29/2018. (lctnm1) (Entered: 11/29/2018)
2018-11-29Set/Reset Hearings: Telephone Conference on the record set for 11/30/2018 at 10:30 AM in Chambers before Judge Trevor N. McFadden. (hmc) (Entered: 11/29/2018)
2018-11-2918NOTICE of Appearance by Melanie Dyani Hendry on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 SAUSA Brenna Jenny Notice of Appearance)(Hendry, Melanie) (Entered: 11/29/2018)
2018-11-2919NOTICE OF SUPPLEMENTAL AUTHORITY by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA 108 (Attachments: # 1 Exhibit A Planned Parenthood Order)(Magid, Creighton) (Entered: 11/29/2018)
2018-11-2920NOTICE of Appearance by Brenna E. Jenny on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (znmw) (Entered: 12/04/2018)
2018-11-30MINUTE ORDER denying Plaintiff's Motion for a Temporary Restraining Order as moot. The Defendant has represented to the Court that it will defer the release of the documents at issue until January 7, 2019. The Court will consolidate the issue of a preliminary injunction with a determination on the merits, in accord with Fed. R. Civ. Pro. 65(a)(2). Accordingly, it is hereby ORDERED that the Defendant shall file the Administrative Record on or before December 5, 2018. It is also ORDERED that the Defendant's Motion for Summary Judgment is due on or before December 7, 2018. The Plaintiff's opposition to the Defendant's Motion for Summary Judgment and Cross-Motion is due on or before December 17, 2018. Any Reply in support of the Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion is due on or before December 26, 2018. Any Reply in support of the Plaintiff's Cross-Motion is due on or before December 31, 2018. Oral argument will be held on January 2, 2019 at 10 AM in Courtroom 2 before Judge Trevor N. McFadden. This briefing schedule supersedes the schedule entered on November 19, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/30/18. (lctnm1) (Entered: 11/30/2018)
2018-11-30Set/Reset Deadlines/Hearings: Defendant's Administrative Record due by 12/5/2018. Defendant's Motion for Summary Judgment due by 12/7/2018. Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and Cross-Motion due by 12/17/2018. Defendant's reply in support of its Motion for Summary Judgment and opposition to Plaintiffs' Cross-Motion due by 12/26/2018. Plaintiffs' reply in support of their Cross-Motion due by 12/31/2018. Motion Hearing set for 1/2/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 11/30/2018)
2018-11-30Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephone Conference held on 11/30/2018. (Court Reporter: Patricia Kaneshiro-Miller.) (hmc) (Entered: 11/30/2018)
2018-11-30MINUTE ORDER granting Plaintiffs' 4 Motion for Leave to File Document Under Seal. Plaintiffs shall file a redacted version of its pleadings on the public docket on or before December 7, 2018. The Clerk of the Court is directed to file, under seal, all of the attachments of 4 on the docket. Signed by Judge Trevor N. McFadden on 11/30/18. (lctnm1) (Entered: 11/30/2018)
2018-11-30Set/Reset Deadlines: Plaintiffs' redacted pleadings due by 12/7/2018. (hmc) (Entered: 11/30/2018)
2018-12-0421SEALED DOCUMENT filed by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA 108 re 4 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA (This document is SEALED and only available to authorized persons.) (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration of Creighton Magid, # 2 Exhibit 2 of Magid Declaration, # 3 Exhibit 3 of Magid Declaration, # 4 Exhibit 4 of Magid Declaration, # 5 Exhibit 5 of Magid Declaration, # 6 Exhibit 6 of Magid Declaration, # 7 Exhibit 7 of Magid Declaration, # 8 Exhibit 8 of Magid Declaration, # 9 Exhibit 9 of Magid Declaration, # 10 Exhibit 10 of Magid Declaration, # 11 Exhibit 11 of Magid Declaration, # 12 Exhibit 12 of Magid Declaration, # 13 Exhibit 13 of Magid Declaration, # 14 Declaration of Brenda L. Thomas, # 15 Declaration of Jodi Tomlonovic)(Magid, Creighton) (Entered: 12/04/2018)
2018-12-0422SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Family Planning Council of Iowa Administrative Record Part 1, # 2 Family Planning Council of Iowa Administrative Record Part 2, # 3 Arizona Family Health Partnership Administrative Record Part 1, # 4 Arizona Family Health Partnership Administrative Record Part 2)(Hendry, Melanie) (Entered: 12/04/2018)
2018-12-06MINUTE ORDER granting Defendant's 22 Motion for Leave to File Document Under Seal. The Clerk of the Court is directed to file, under seal, all of the attachments of 22 on the docket. Signed by Judge Trevor N. McFadden on 12/6/18. (lctnm1) (Entered: 12/06/2018)
2018-12-0625SEALED DOCUMENT (Administrative Record) filed by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Administrative Record Part 2, # 2 Exhibit Administrative Record Part 3, # 3 Exhibit Administrative Record Part 4) (ztth) Modified filing date on 12/10/2018 (ztth). (Entered: 12/10/2018)
2018-12-0723REDACTED DOCUMENT- MOTION to 21 Sealed Document,,, 2 MOTION for Temporary Restraining Order by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA 108. (Attachments: # 1 Memorandum in Support, # 2 Declaration of BRENDA L. THOMAS, # 3 Declaration of JODI TOMLONOVIC, # 4 Declaration of CREIGHTON R. MAGID, # 5 Exhibit 2 to Magid Declaration, # 6 Exhibit 3 to Magid Declaration, # 7 Exhibit 4 to Magid Declaration, # 8 Exhibit 5 to Magid Declaration, # 9 Exhibit 6 to Magid Declaration, # 10 Exhibit 7 to Magid Declaration, # 11 Exhibit 8 to Magid Declaration, # 12 Exhibit 9 to Magid Declaration, # 13 Exhibit 10 to Magid Declaration, # 14 Exhibit 11 to Magid Declaration, # 15 Exhibit 12 to Magid Declaration, # 16 Exhibit 13 to Magid Declaration)(Magid, Creighton) (Entered: 12/07/2018)
2018-12-0724NOTICE of Appearance by Brenna E. Jenny on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Jenny, Brenna) (Entered: 12/07/2018)
2018-12-1026SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Defendant's Motion for Summary Judgment)(Jenny, Brenna) (Entered: 12/10/2018)
2018-12-10MINUTE ORDER granting Defendant's 26 Motion for Leave to File Document Under Seal. Defendant shall file a redacted version of its pleading on the public docket on or before December 17, 2018. The Clerk of the Court is directed to file, under seal, [26-1] on the docket. Signed by Judge Trevor N. McFadden on 12/10/18. (lctnm1) (Entered: 12/10/2018)
2018-12-10Set/Reset Deadlines: Defendant's filing of redacted version of pleading due by 12/17/2018. (tg) (Entered: 12/10/2018)
2018-12-1027SEALED MOTION filed by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (This document is SEALED and only available to authorized persons.) (ztth) (Entered: 12/11/2018)
2018-12-1328MOTION for Summary Judgment (Redacted) by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Jenny, Brenna) (Entered: 12/13/2018)
2018-12-1729Cross MOTION for Summary Judgment by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA 108 (Attachments: # 1 Text of Proposed Order)(Magid, Creighton) Modified event title on 12/20/2018 (znmw). (Entered: 12/17/2018)
2018-12-1730RESPONSE re 28 MOTION for Summary Judgment (Redacted) , 27 SEALED MOTION filed by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (This document is SEALED and only available to authorized persons.) filed by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA 108. (Attachments: # 1 Text of Proposed Order)(Magid, Creighton) (Entered: 12/17/2018)
2018-12-1731SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA 108 (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support of Motion for Leave to file under Seal, # 3 Memorandum in Support of Cross Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment)(Magid, Creighton) (Entered: 12/17/2018)
2018-12-1732MOTION for Leave to File to Supplement the Administrative Record by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA 108 (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Alex Hontos, # 3 Exhibit 1 to Alex Hontos Declaration, # 4 Exhibit 2 to Alex Hontos Declaration)(Magid, Creighton) (Entered: 12/17/2018)
2018-12-18MINUTE ORDER granting Plaintiffs' 31 Motion for Leave to File Document Under Seal. Plaintiffs shall file a redacted version of its pleading on the public docket on or before December 28, 2018. The Clerk of the Court is directed to file, under seal, [31-3] on the docket. Signed by Judge Trevor N. McFadden on 12/18/18. (lctnm1) (Entered: 12/18/2018)
2018-12-18Set/Reset Deadlines: Plaintiffs' filing of redacted version of pleading due by 12/28/2018. (hmc) (Entered: 12/18/2018)
2018-12-18MINUTE ORDER setting a telephone conference on Tuesday, December 18, 2018 at 5:30 p.m. in Chambers before Judge Trevor N. McFadden. Dial-in information will be emailed to counsel. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/18/2018. (lctnm1) (Entered: 12/18/2018)
2018-12-18Set/Reset Hearings: Telephone Conference on the record set for 12/18/2018 at 5:30 PM in Chambers before Judge Trevor N. McFadden. (hmc) (Entered: 12/18/2018)
2018-12-18Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephone Conference held on 12/18/2018. (Court Reporter: Jeff Hook.) (hmc) (Entered: 12/19/2018)
2018-12-1833SEALED DOCUMENT filed by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA 108. re 29 Cross MOTION for Judgment filed by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA 108. (This document is SEALED and only available to authorized persons.) (ztth) (Entered: 12/19/2018)
2018-12-1834SEALED OPPOSITION filed by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA 108 re 27 SEALED MOTION filed by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (This document is SEALED and only available to authorized persons.) (ztth) (Entered: 12/19/2018)
2018-12-19MINUTE ORDER denying Plaintiffs' 32 Motion for Leave to Supplement the Administrative Record for the reasons given on the record during the December 18, 2018 telephone conference call. Signed by Judge Trevor N. McFadden on 12/19/18. (lctnm1) (Entered: 12/19/2018)
2018-12-21MINUTE ORDER directing the Defendant to file on or before December 28, 2018 a document for each Plaintiff highlighting the still-disputed redactions. The document should distinguish between redactions that the Defendant has agreed to make and the redactions that are still in dispute. The Defendant shall file this document under seal. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/21/18 (lctnm1) (Entered: 12/21/2018)
2018-12-21Set/Reset Deadlines: Defendant's document for each Plaintiff highlighting the still-disputed redactions due by 12/28/2018. (hmc) (Entered: 12/21/2018)
2018-12-2635MOTION to Stay in Light of Lapse of Appropriations by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Hendry, Melanie) (Entered: 12/26/2018)
2018-12-2636RESPONSE re 35 MOTION to Stay in Light of Lapse of Appropriations filed by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA 108. (Attachments: # 1 Text of Proposed Order)(Magid, Creighton) (Entered: 12/26/2018)
2018-12-2637MOTION Withdraw Motion to Stay by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Jenny, Brenna) Modified on 1/3/2019 (ztth). (Entered: 12/26/2018)
2018-12-2638SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Defendant's Combined Reply and Opposition Brief, # 2 Exhibit A (Daley Declaration))(Jenny, Brenna) (Entered: 12/26/2018)
2018-12-27MINUTE ORDER granting Defendant's 38 Motion for Leave to File Document Under Seal. The Defendant shall file a redacted version of its pleading on the public docket on or before January 7, 2019. The Clerk of the Court is directed to file, under seal, [38-1] on the docket. Signed by Judge Trevor N. McFadden on 12/27/18. (lctnm1) (Entered: 12/27/2018)
2018-12-27MINUTE ORDER granting Defendant's 37 Motion to Withdraw Motion and denying Defendant's 35 Motion to Stay as moot. Signed by Judge Trevor N. McFadden on 12/27/18. (lctnm1) (Entered: 12/27/2018)
2018-12-27Set/Reset Deadlines: Defendant's redacted version of its pleading due by 1/7/2019. (hmc) (Entered: 12/27/2018)
2018-12-2743SEALED REPLY TO OPPOSITION filed by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES re 27 SEALED MOTION filed by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (This document is SEALED and only available to authorized persons.) (Attachment: # 1 Exhibit A) (ztth) (Entered: 01/02/2019)
2018-12-2839REDACTED DOCUMENT- Motion to 29 MOTION for Summary Judgment by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA 108. (Attachments: # 1 Memorandum in Support Redacted Cross Motion for Summary Judgment)(Magid, Creighton) (Entered: 12/28/2018)
2018-12-2840SEALED DOCUMENT filed by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES(This document is SEALED and only available to authorized persons.)(Jenny, Brenna) (Entered: 12/28/2018)
2018-12-2841SEALED DOCUMENT filed by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES(This document is SEALED and only available to authorized persons.) (Attachments: # 1 Sealed Document Part 2)(Jenny, Brenna) (Entered: 12/28/2018)
2018-12-3142SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA 108 (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Memorandum in Support of Motion for leave to file under seal, # 2 Memorandum in Support Reply in support of their motion for summary judgment and in opposition to Defendant's Cross Motion for Summary Judgment, # 3 Text of Proposed Order of Motion for Leave to file under seal)(Magid, Creighton) (Entered: 12/31/2018)
2019-01-02MINUTE ORDER granting Plaintiffs' 42 Motion for Leave to File Document Under Seal. The Plaintiffs shall file a redacted version of their pleading on the public docket on or before January 11, 2019. The Clerk of the Court is directed to file, under seal, [42-2] on the docket. Signed by Judge Trevor N. McFadden on 1/2/19. (lctnm1) (Entered: 01/02/2019)
2019-01-02Set/Reset Deadlines: Plaintiffs' redacted version of their pleading due by 1/11/2019. (hmc) (Entered: 01/02/2019)
2019-01-0244SEALED DOCUMENT filed by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA 108. (This document is SEALED and only available to authorized persons.) (tth) (Entered: 01/02/2019)
2019-01-02Minute Entry for proceedings held before Judge Trevor N. McFadden: Motion Hearing held on 1/2/2019 re 28 MOTION for Summary Judgment (Redacted) filed by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES and 29 CROSS MOTION for Summary Judgment filed by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA 108. Oral ruling on the motion is set for 1/4/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (Court Reporter: Patricia Kaneshiro-Miller.) (hmc) (Entered: 01/02/2019)
2019-01-04Minute Entry for proceedings held before Judge Trevor N. McFadden: Motion Hearing held on 1/4/2019 re 28 MOTION for Summary Judgment (Redacted) filed by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES and 29 CROSS MOTION for Summary Judgment filed by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA 108. Order forthcoming. (Court Reporter: Patricia Kaneshiro-Miller.) (hmc) (Entered: 01/04/2019)
2019-01-0445NOTICE OF APPEAL TO DC CIRCUIT COURT as to Motion Hearing, by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA 108. Filing fee $ 505, receipt number 0090-5870311. Fee Status: Fee Paid. Parties have been notified. (Magid, Creighton) (Entered: 01/04/2019)
2019-01-0446Emergency MOTION for Injunction re Motion Hearing, for Injunction Pending Appeal, or in the alternative to preserve the status quo by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA 108 (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Magid, Creighton) Modified event title on 1/8/2019 (znmw). Added MOTION for Order on 1/8/2019 (znmw). (Entered: 01/04/2019)
2019-01-0447ORDER: for the reasons set forth in open court today, it is hereby ordered that Defendant's 27 Motion for Summary Judgment is GRANTED in part and DENIED in part; and Plaintiffs' 29 Motion for Summary Judgment is GRANTED in part and DENIED in part. See attached order and attachments for details. Signed by Judge Trevor N. McFadden on 1/4/19. (lctnm1) (Attachment 1 replaced on 1/4/2019) (zhmc). (Attachment 2 replaced on 1/4/2019) (zhmc). (Attachment 1 replaced on 3/1/2019) (zhmc). (Attachment 2 replaced on 3/1/2019) (zhmc). (Entered: 01/04/2019)
2019-01-04USCA Case Number 19-5001 for 45 Notice of Appeal to DC Circuit Court, filed by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA 108. (zrdj) (Entered: 01/07/2019)
2019-01-0748Memorandum in opposition to re 46 Emergency MOTION to Stay re Motion Hearing, for Injunction Pending Appeal, or in the alternative to preserve the status quo filed by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order Proposed Order)(Jenny, Brenna) (Entered: 01/07/2019)
2019-01-0749Memorandum in opposition to re 31 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA 108 (This document is SEALED and only available to authorized persons.) Redacted Opposition and Reply filed by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit A (Daley Declaration))(Jenny, Brenna) (Entered: 01/07/2019)
2019-01-0750REPLY to opposition to motion re 46 Emergency MOTION to Stay re Motion Hearing, for Injunction Pending Appeal, or in the alternative to preserve the status quo filed by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA 108. (Magid, Creighton) (Entered: 01/07/2019)
2019-01-0751TRANSCRIPT OF PROCEEDINGS before Judge Trevor N. McFadden held on January 4, 2019; Page Numbers: 1-29. Date of Issuance:January 7, 2019. Court Reporter/Transcriber Patricia A Kaneshiro-Miller, Telephone number 202-354-3243, Tape Number: Patricia_Kaneshiro-Miller@dcd.uscourts.gov. Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 1/28/2019. Redacted Transcript Deadline set for 2/7/2019. Release of Transcript Restriction set for 4/7/2019.(pk) (Entered: 01/07/2019)
2019-01-07Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals via email. The Court of Appeals fee was paid this date re 45 Notice of Appeal to DC Circuit Court, USCA No. 19-5001. (jf) (Entered: 01/09/2019)
2019-01-0753REPLY to opposition to motion re 28 MOTION for Summary Judgment (Redacted) filed by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (See Docket Entry 49 to view document) (tth) (Entered: 01/09/2019)
2019-01-0852MEMORANDUM ORDER denying Plaintiffs' 46 Motion for Injunction Pending Appeal. See Order for details. SO ORDERED. Signed by Trevor N. McFadden on 1/8/19. (lctnm1) (Entered: 01/08/2019)
2019-01-1154REDACTED DOCUMENT- motion to 44 Sealed Document Plaintiffs' Reply in support of their motion for summary judgment and in Opposition to Defendant's Cross Motion for Summary Judgment and Redacted version of Memorandum in support of Plaintiffs' Motion for leave to file under seal by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA 108. (Attachments: # 1 Memorandum in Support of Motion for leave to file under seal)(Magid, Creighton) (Entered: 01/11/2019)
2019-02-2855NOTICE of Appearance by Jane M. Lyons on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Lyons, Jane) (Entered: 02/28/2019)
2019-02-2856NOTICE OF APPEAL TO DC CIRCUIT COURT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. Fee Status: No Fee Paid. Parties have been notified. (Lyons, Jane) (Entered: 02/28/2019)
2019-03-01Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals via email. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 56 Notice of Appeal to DC Circuit Court. (tth) (Entered: 03/01/2019)
2019-03-08USCA Case Number 19-5054 for 56 Notice of Appeal to DC Circuit Court filed by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (zrdj) (Entered: 03/13/2019)
2019-03-2557MANDATE of USCA as to 56 Notice of Appeal to DC Circuit Court filed by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, 45 Notice of Appeal to DC Circuit Court, filed by ARIZONA FAMILY HEALTH PARTNERSHIP, FAMILY PLANNING COUNCIL OF IOWA 108 ; USCA Case Number 19-5001 Consolidated with 19-5054. (Attachments: # 1 USCA Order)(zrdj) (Entered: 03/27/2019)
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