Case Detail

FOIA Project Annotation: A federal court in New Hampshire has ruled that the Department of Health and Human Services properly withheld a number of records pertaining to a sole source contract awarded to Planned Parenthood to provide family clinic services in New Hampshire after the state declined to use its own federal funds provided under Title X of the Public Health Service Act because it decided Planned Parenthood might use the funds to subsidize abortion services under Exemption 4 (confidential business information), Exemption 5 (privileges), and Exemption 6 (invasion of privacy). The state failed to find any organization to replace Planned Parenthood and, as a result, gave back $360,000, which was equal to its projection of what Planned Parenthood would have receive in the second half of 2011. Because the state's decision left a gap in health care provision in the state, HHS decided to award Planned Parenthood a sole source contract to continue its family clinics in New Hampshire with the payments coming directly from the federal government. New Hampshire Right to Life made a multi-part FOIA request to HHS for records concerning the sole source contract to Planned Parenthood and later filed suit. When HHS indicated it would withhold only seven of 244 pages of Planned Parenthood's Manual of Medical Standards and Guidelines, Planned Parenthood filed suit to enjoin disclosure of the entire manual. HHS decided to withhold much of the manual and Right to Life made a second FOIA request for correspondence between Planned Parenthood and the agency concerning its decisions as to which documents to disclose. Right to Life argued that Exemption 4 did not apply because Planned Parenthood was a non-profit organization. But the court noted that "the scope of 'commercial information' under exemption 4 does not depend on the character of the entity that submitted it to the agency, but on the character of the information itself." The court explained that Planned Parenthood's manual "'provides a model for operating a family planning clinic,' while the other documents contain information on more discrete aspects of that operation, including setting rates, managing employees, and collecting accounts. This is plainly information serving a 'commercial function,' i.e., guiding the operations of an entity engaged in 'commerce' as that term is commonly understood." Right to Life argued that federally subsidized clinics did not meet the definition of commerce. The court disagreed, observing that "many kinds of entitiesâ€"including, just to name a few, universities, hospitals, and farmsâ€"receive federal grants or other forms of federal subsidies for their operations, and it cannot seriously be argued that, as a result, those operations are not 'commerce.'" Turning to whether the information was also confidential under Exemption 4, the court rejected Right to Life's argument that the public interest in disclosure could outweigh the confidential nature of the information. Right to Life claimed that it was speculative to assume that Planned Parenthood competed for federal grants to run clinics. But the court indicated that "Planned Parenthood faces 'actual competition' for grants from hospitals and community health clinics." The court added that "even if those entities did not compete with Planned Parenthood for grants. . .those entities competed with Planned Parenthood for patients." The court found Planned Parenthood's fee and collections policy was confidential, but that its personnel policies were not. Saying it was "difficult for the court to view [personnel policies] as 'confidential,'" the court pointed out that "in most fields, including health care, information on how much an employer pays its employees, the benefits it provides, the conditions under which it expects them to work, and the like is commonly shared with perspective employees. . ." The court rejected the agency's claim that records created to prepare an agency official to speak with a state official about the agency's decision were protected by the deliberative process privilege. Instead, the court observed that "the purpose of the call was simply to inform [the state official] about what HHS would do in response to [the state's] decision, presumably as a matter of agency rule or policy." On Exemption 6, the court found that the resume of Planned Parenthood's medical director was not protected because there was a public interest in knowing about who was running the program. However, phone numbers and other personal information about Planned Parenthood employees was properly protected, but that, once that information was redacted, salary information about staff positions should be disclosed in the public interest.
Issues: Exemption 4 - Competitive harm, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2011-12-22	1	NEW CASE/ COMPLAINT. Filing fee $ 350, receipt number 0102-822565 filed by New Hampshire Right to Life. (Attachments: # 1 Exhibit List, # 2 Exhibit A - E-mail from Toumpas to Governor Lynch, # 3 Exhibit B - HHS E-mail of 9/14/11, # 4 Exhibit C - FOIA Request of 10/7/11, # 5 Exhibit D - 10/31/11 HHS Letter, # 6 Civil Cover Sheet, # 7 Summons - Waiver)(Tierney, Michael) (Entered: 12/22/2011)
2011-12-22	2	Disclosure Statement by New Hampshire Right to Life disclosing no parent companies, and no merger agreement (Tierney, Michael) (Entered: 12/22/2011)
2011-12-22		Case assigned to Magistrate Judge Landya B. McCafferty. The case designation is: 1:11-cv-585-LM. Please show this number with the judge designation on all future pleadings. (lml) (Entered: 12/22/2011)
2011-12-22	3	NOTICE of Assignment to U.S. Magistrate Judge sent to plaintiff(s) for service on all parties.(lml) (Entered: 12/22/2011)
2011-12-22		NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE .(lml) (Entered: 12/22/2011)
2011-12-22	4	Summons Issued Electronically as to US Department of Health and Human Services. NOTICE: Counsel shall print and serve the summons and all attachments in accordance with Fed.R.Civ.P.4. NOTICE of Assignment to Magistrate Judge attached. (Attachments: # 1 Notice ECF, # 2 Assignment to Magistrate)(lml) (Entered: 12/22/2011)
2012-01-10	5	AFFIDAVIT of Service of Complaint and Summons as to US Department of Health and Human Services filed by New Hampshire Right to Life. Served/Mailed on 12/23/2011. Answer Follow Up on 1/17/2012. (Attachments: # 1 Attachment A - return receipt for US Atty. John P. Kacavas, # 2 Attachment B - return receipt for Attorney General, US Dept. Justice, # 3 Attachment C - return receipt for US Dept H&HS)(Tierney, Michael) (Entered: 01/10/2012)
2012-01-11	6	NO CONSENT to Jurisdiction by U.S. Magistrate Judge. Because not all parties to the case consent to the assignment of a United States Magistrate Judge for all purposes including trial, pursuant to Fed. R. Civ. P. 73, 28 U.S.C. sec. 636(c), and Local Rule 73.1(b)(2), the case will be assigned to a United States District Judge. Clerk James R. Starr. (kad). Modified on 1/11/2012 to add document. (kad). (Entered: 01/11/2012)
2012-01-11		Corrective Entry to 6 Magistrate Judge Assignment-Consent/Objection. Entry corrected to add document. (kad) (Entered: 01/11/2012)
2012-01-11		Case reassigned to Judge Paul J. Barbadoro. Reason for Reassignment: not all parties to the case consent to the assignment of a United States Magistrate Judge. The new case designation is: 11-cv-585-PB. Please show this number with the correct judge designation on all further pleadings.(kad) (Entered: 01/19/2012)
2012-01-19		FILED IN ERROR - Set Deadline(s): Answer Follow Up on 2/27/2012. Service was on the government (mxm) Modified on 1/19/2012 to add: FILED IN ERROR(mxm). (Entered: 01/19/2012)
2012-01-23	7	ANSWER to 1 Complaint - New Case, filed by US Department of Health and Human Services.(Witt, Gretchen) (Entered: 01/23/2012)
2012-01-25		NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 2/24/2012 09:30 AM before Magistrate Judge Landya B. McCafferty. Follow up on Discovery Plan 2/17/2012. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(kad) (Entered: 01/25/2012)
2012-02-15	8	Proposed Discovery Plan filed by US Department of Health and Human Services. (Witt, Gretchen) (Entered: 02/15/2012)
2012-02-15	9	NOTICE of Attorney Appearance by Joseph Gardner Mattson on behalf of New Hampshire Right to Life (Mattson, Joseph) (Entered: 02/15/2012)
2012-02-16	10	MOTION for Preliminary Injunction filed by New Hampshire Right to Life. Follow up on Objection on 3/5/2012. (Attachments: # 1 Memorandum of Law, # 2 Proposed Order)(Tierney, Michael) (Entered: 02/16/2012)
2012-02-24		Minute Entry for proceedings held before Magistrate Judge Landya B. McCafferty. PRETRIAL CONFERENCE held on 2/24/2012. Order to issue. (Pltfs Atty: Michael Tierney) (Defts Atty: Gretchen Witt)(Total Hearing Time: :25) (kad) (Entered: 02/24/2012)
2012-02-24	11	ORDER approving with modifications 8 Discovery Plan. Length of Trial 1 day. Case Track: Standard. So Ordered by Magistrate Judge Landya B. McCafferty. Summary Judgment Motions due by 5/15/2012. Vaughn Index Filing Deadline 4/15/2012. Mediation Follow Up on 12/31/2012.(mm) (Entered: 02/28/2012)
2012-02-28		TRIAL NOTICE: LR 16.2(d) Objections due 1/18/13.. Bench Trial set for the two-week period beginning 3/5/2013 09:30 AM before Judge Paul J. Barbadoro. Final Pretrial Conference set for 1/22/2013 03:30 PM before Judge Paul J. Barbadoro. Pretrial Statements due 1/4/2013.(mm) (Entered: 02/28/2012)
2012-03-02	12	MOTION to Stay filed by US Department of Health and Human Services. Follow up on Objection on 3/19/2012. (Attachments: # 1 Memorandum of Law, # 2 Exhibit (Affidavit) A, McNulty Declaration, # 3 Attachment to Exhibit A-1, Oct 7 letter, # 4 Attachment to Exhibit A-2, Oct letter, # 5 Attachment to Exhibit A-3, Jan 13 letter, # 6 Attachment to Exhibit A-4, Jan 25 letter, # 7 Attachment to Exhibit A-5, Jan 23 letter, # 8 Attachment to Exhibit A-6, Feb 27 letter, # 9 Attachment to Exhibit A-7, Feb 23 letter, # 10 Attachment to Exhibit A-8, Feb 2 letter, # 11 Attachment to Exhibit A-9, Feb 24 letter, # 12 Exhibit (Affidavit) B, Epstein Declaration, # 13 Attachment to Exhibit B-1, Jan 4 letter, # 14 Attachment to Exhibit B-2, Jan 5 letter, # 15 Attachment to Exhibit B-3, Jan 17 letter, # 16 Attachment to Exhibit B-4, Feb 1 letter, # 17 Attachment to Exhibit B-5, Feb 6 letter, # 18 Attachment to Exhibit B-6, Feb 13 letter, # 19 Attachment to Exhibit B-7, Feb 15 letter, # 20 Attachment to Exhibit B-8, Feb 27 etter)(Witt, Gretchen) (Entered: 03/02/2012)
2012-03-02	13	OBJECTION to 10 MOTION for Preliminary Injunction filed by US Department of Health and Human Services. (Attachments: # 1 Memorandum of Law, # 2 Exhibit (Affidavit) A - Prindiville Declaration, # 3 Attachment to Exhibit A - 1 NH General Court webpage, # 4 Attachment to Exhibit A - 2 NHRTL home page, # 5 Attachment to Exhibit A - 3 NHRTL about us page, # 6 Attachment to Exhibit A - 4 NHRTL legislation page)(Witt, Gretchen) (Entered: 03/02/2012)
2012-03-09	14	ORDER denying 10 Motion for Preliminary Injunction. So Ordered by Judge Paul J. Barbadoro.(jna) (Entered: 03/09/2012)
2012-03-19	15	NOTICE OF WITHDRAWAL without prejudice re: 12 MOTION to Stay filed by US Department of Health and Human Services. Follow up on Objection on 4/5/2012.(Witt, Gretchen) Modified on 3/19/2012 to remove the text "Motion" and add "Notice" (vln). (Entered: 03/19/2012)
2012-03-19		Corrective Entry to 15 MOTION to Withdraw. Entry corrected by changing the event type from "Motion" to "Notice." (vln) (Entered: 03/19/2012)
2012-03-29	16	Assented to MOTION to Add Deadlines to Court's Pretrial Scheduling Order filed by US Department of Health and Human Services.(Witt, Gretchen) (Entered: 03/29/2012)
2012-04-03		ENDORSED ORDER granting 16 Motion to Add Deadlines to Court's Pretrial Scheduling Order. Text of Order: Granted. So Ordered by Magistrate Judge Landya B. McCafferty.(gla) (Entered: 04/03/2012)
2012-04-27	17	Potential CONSOLIDATION ORDER. Cases 11-cv-585-PB and 12-cv-163-JL reference each other as related cases and may be consolidated. Signed by Deputy Clerk Lianne Lavigne. Objections to Consolidation due 6/11/2012.(lml) (Entered: 04/27/2012)
2012-05-01	18	MOTION to Stay pending deadlines filed by US Department of Health and Human Services. Follow up on Objection on 5/18/2012.(Aframe, Seth) (Entered: 05/01/2012)
2012-05-03	19	OBJECTION to 18 MOTION to Stay pending deadlines filed by New Hampshire Right to Life. (Tierney, Michael) (Entered: 05/03/2012)
2012-05-03		ENDORSED ORDER assigning this case to Judge Laplante Text of Order: This case is intertwined with another case currently assigned to Judge Laplante. Without deciding whether the cases should be consolidated, it is apparent that both cases can be more effectively managed if they are assigned to the same judge. Accordingly, I direct the clerk to assign the case to Judge Laplante. So Ordered by Judge Paul J. Barbadoro.(mm) (Entered: 05/04/2012)
2012-05-03		Case reassigned to Chief Judge Joseph N. Laplante. Reason for Reassignment: per Order by Judge Barbadoro. The new case designation is: 11-cv-585-JL. Please show this number with the correct judge designation on all further pleadings. (mm) (Entered: 05/04/2012)
2012-05-04	20	Notice to Substitute Attorney. Added attorney Seth R. Aframe. Attorney Gretchen Leah Witt terminated.(Aframe, Seth) (Entered: 05/04/2012)
2012-05-08	21	Assented to MOTION to Amend the Court's Pretrial Scheduling Order filed by US Department of Health and Human Services.(Aframe, Seth) (Entered: 05/08/2012)
2012-05-10		ENDORSED ORDER granting 21 Motion to Amend the Court's Pretrial Scheduling Order. Text of Order: Granted. So Ordered by Chief Judge Joseph N. Laplante.(jb) (Entered: 05/10/2012)
2012-05-23		ENDORSED ORDER mooting 18 Motion to Stay pending deadlines. Text of Order: Moot in light of the May 10, 2012 order amending pretrial scheduling order. So Ordered by Chief Judge Joseph N. Laplante.(jb) (Entered: 05/23/2012)
2012-07-31	22	Assented to MOTION to Extend Time to File Summary Judgment Motions filed by New Hampshire Right to Life.(Tierney, Michael) (Entered: 07/31/2012)
2012-07-31		NOTICE of Hearing. Discovery Related TELECONFERENCE set for 8/9/2012 at 11:00 AM before Chief Judge Joseph N. Laplante. The court will initiate the call.Counsel shall provide (via email to the deputy clerk) their respective positions, either in bullet point format or a BRIEF summary no later than noon on 8/8/12. Counsel shall also provide the names and direct telephone numbers of the counsel participating.(cmp) (Entered: 07/31/2012)
2012-08-02		ENDORSED ORDER granting 22 Motion to Extend Time to File Motion for Summary Judgment. Text of Order: The Court requires that summary judgment motions be filed 120 days prior to final pretrial conference, therefore trial will also be continued to April 2013. So Ordered by Chief Judge Joseph N. Laplante. Summary Judgment Motions due by 10/15/2012.(cmp) (Entered: 08/03/2012)
2012-08-03		TRIAL RESCHEDULING NOTICE: LR 16.2(d) Objections due 3/15/13. Bench Trial reset for the two-week period beginning 4/2/2013 at 09:30 AM before Chief Judge Joseph N. Laplante. Final Pretrial Conference reset for 3/22/2013 01:30 PM before Chief Judge Joseph N. Laplante. Pretrial Statements due 3/1/2013. (cmp) (Entered: 08/03/2012)
2012-08-09		Minute Entry for proceedings held before Chief Judge Joseph N. Laplante. DISCOVERY RELATED TELEPHONE CONFERENCE held on 8/9/2012. (Pltfs Atty: Michael J. Tierney, Esq.) (Defts Atty: Seth R. Aframe, AUSA)(Total Hearing Time: 23 minutes) (cmp) (Entered: 08/09/2012)
2012-10-09	23	Assented to MOTION to Extend Time to File Summary Judgment Motions filed by New Hampshire Right to Life.(Tierney, Michael) (Entered: 10/09/2012)
2012-10-10		ENDORSED ORDER granting 23 Motion to Extend Time to File Summary Judgment Motions. Text of Order: Granted. So Ordered by Chief Judge Joseph N. Laplante. Summary Judgment Motions due by 12/19/2012.(jb) (Entered: 10/10/2012)
2012-11-05	24	Assented to MOTION to Amend filed by New Hampshire Right to Life.(Tierney, Michael) (Entered: 11/05/2012)
2012-11-06		ENDORSED ORDER granting 24 Motion to Amend. Text of Order: Granted. So Ordered by Chief Judge Joseph N. Laplante.(jb) (Entered: 11/06/2012)
2012-12-18	25	MOTION for Summary Judgment filed by New Hampshire Right to Life. Follow up on Objection on 1/22/2013. (Attachments: # 1 Memorandum of Law In Support, # 2 Exhibit List of Exhibits, # 3 Exhibit A - Final Vaughn Index, # 4 Exhibit B - DHHS letter of June 14, 2012, # 5 Exhibit C - Pharmaceutical Services, # 6 Exhibit D - Vaughn Index, # 7 Exhibit E - Grant Scoring, # 8 Exhibit F - Sole Source Justification, # 9 Exhibit G - DHHS e-mail, # 10 Exhibit H - GAO letter, # 11 Exhibit I - HHS Policy Going Forward, # 12 Exhibit J - HHS E-mail re Walmart, # 13 Exhibit K - Director's Determination, # 14 Exhibit L - OGC and White House decision, # 15 Exhibit (Affidavit) M - Affidavit of Kurt Wuelper, # 16 Exhibit N - NHRTL's Brief Statement, # 17 Exhibit O - Letter from PPNNE to DHHS, # 18 Exhibit P - PPNNE e-mail re Pregnancy Testing, # 19 Exhibit Q - PPNNE Manual)(Tierney, Michael) (Entered: 12/18/2012)
2012-12-21	26	(FILED IN ERROR BY COUNSEL - SEE REPLACED DOCUMENT #27) NOTICE of Mediation Hearing.(Tierney, Michael) Modified on 12/21/2012 to add: (cmp).(FILED IN ERROR BY COUNSEL) (Entered: 12/21/2012)
2012-12-21	27	Joint Statement Regarding Mediation by New Hampshire Right to Life(Tierney, Michael) (Entered: 12/21/2012)
2012-12-26		NOTICE of ECF Filing Error re: 27 Miscellaneous Filing filed by New Hampshire Right to Life. Filer used the wrong event. Filer should have used Other Filings, Other Documents, Mediation Statement. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1474.(dae) (Entered: 12/26/2012)
2012-12-26		ENDORSED ORDER re: 27 Joint Statement Regarding Mediation. Text of Order: Reviewed. So Ordered by Chief Judge Joseph N. Laplante.(dae) (Entered: 12/26/2012)
2013-01-10	28	DUPLICATE FILING. REPLACED BY DOC #29. Assented to MOTION to Extend Time to Object/Respond to 02/15/2013 filed by US Department of Health and Human Services.(Aframe, Seth) Modified on 1/11/2013 to add: DUPLICATE FILING. REPLACED BY DOC #29.(cmp). (Entered: 01/10/2013)
2013-01-10	29	Assented to MOTION to Extend Time to 02/15/2013 filed by US Department of Health and Human Services.(Aframe, Seth) (Entered: 01/10/2013)
2013-01-11		ENDORSED ORDER granting 29 Motion to Extend Time to 02/15/2013. Text of Order: Granted. So Ordered by Chief Judge Joseph N. Laplante.(jb) (Entered: 01/11/2013)
2013-02-13	30	Assented to MOTION to Exceed page limits on dispositive motion filed by US Department of Health and Human Services.(Aframe, Seth) (Entered: 02/13/2013)
2013-02-14		ENDORSED ORDER granting 30 Motion to Exceed page limits on dispositive motion. Text of Order: Granted. So Ordered by Chief Judge Joseph N. Laplante.(jb) (Entered: 02/14/2013)
2013-02-15	31	MOTION for Summary Judgment filed by US Department of Health and Human Services. Follow up on Objection on 3/21/2013.(Aframe, Seth) (Entered: 02/15/2013)
2013-02-15	32	OBJECTION to 25 MOTION for Summary Judgment filed by US Department of Health and Human Services. (Aframe, Seth) (Entered: 02/15/2013)
2013-02-15	33	MEMORANDUM re 32 Objection to Motion, 31 MOTION for Summary Judgment filed by US Department of Health and Human Services. (Attachments: # 1 Exhibit (Affidavit) A - Maloney Declaration, # 2 Attachment to Exhibit A1 - 3-5-12 PSC Response, # 3 Attachment to Exhibit A2 - 3-12-12 PSC Response, # 4 Attachment to Exhibit A4 - 3-22-12 PSC Response, # 5 Attachment to Exhibit A5 - 5-1-12 PSC Supplemental Resposne, # 6 Attachment to Exhibit A6 - 3-23-12 PSC Response, # 7 Attachment to Exhibit A7 - 4-2-12 PPNNE Response to PDN, # 8 Attachment to Exhibit A8 - 4-11-12 Letter to PPNNE from DHHS, # 9 Attachment to Exhibit A9 - 4-18-12 Letter to DHHS from PPNNE, # 10 Attachment to Exhibit A10 - 4-23-12 Letter to PPNNE from DHHS, # 11 Attachment to Exhibit A11 - 5-1-12 PSC Response, # 12 Attachment to Exhibit A12 - 5-7-12 PDN, # 13 Attachment to Exhibit A13 - 5-9-12 PSC Response, # 14 Attachment to Exhibit A14 - 5-21-12 Letter to DHHS from Lucy Hodder, # 15 Attachment to Exhibit A15 - 6-13-12 PSC Response, # 16 Attachment to Exhibit A16 - 6-14-12 PSC Decision on remand, # 17 Attachment to Exhibit A17 - 6-22-12 Letter to DHHS from Lucy Hodder, # 18 Attachment to Exhibit A18 - 6-17-12 Letter to PPNNE from DHHS, # 19 Attachment to Exhibit A19 - 7-6-12- PSC Response, # 20 Attachment to Exhibit A20 - 2-6-13 PSC Response, # 21 Attachment to Exhibit A21 - 8-9-12 FOIA Request, # 22 Attachment to Exhibit A22 - 8-22-12 PSC Response, # 23 Attachment to Exhibit A23 - 8-28-12 PSC Response, # 24 Attachment to Exhibit A24 - 9-13-12 PDN, # 25 Attachment to Exhibit A25 - 9-21-12 Letter to DHHS from Lucy Hodder, # 26 Attachment to Exhibit A26 - 10-5-12 Letter to Ludy Hodder from DHHS, # 27 Attachment to Exhibit A27 - 10-19-12 PSC Response, # 28 Attachment to Exhibit A-28 RVI, # 29 Attachment to Exhibit A29 - 12-14-11 Annual Institutional File Certification, # 30 Attachment to Exhibit A30 - 12-9-11 Kathleen Sebelius Letter to Senator Shaheen, # 31 Attachment to Exhibit A31 - 7-12-11 DHHS Letter to Jose Montero, # 32 Attachment to Exhibit A32 - 4-18-11 Sole Source Justification for Replacement Grant., # 33 Attachment to Exhibit A33 - 8-30-11 Deobligation decision, # 34 Memorandum of Law A34 - 9-8-2011 Approve of Replacement Grant, # 35 Attachment to Exhibit A35 - Announcement of Replacement Grant, # 36 Attachment to Exhibit A36 - 9-13-11 Notice of Grant Award, # 37 Attachment to Exhibit A37 - 8-2-11 email from Christine Hager, # 38 Exhibit (Affidavit) Exhibit B - Eckert Declaration, # 39 Attachment to Exhibit B1 - 3-29-12 OS Response, # 40 Attachment to Exhibit B2 - 4-11-12 OS Response, # 41 Attachment to Exhibit B3 - 4-30-12 OS Response, # 42 Attachment to Exhibit B4 - 6-12-12 OS Response, # 43 Attachment to Exhibit B5 - 2-5-13 OS Response, # 44 Attachment to Exhibit B6 - 2-28-11 ADF Letter, # 45 Attachment to Exhibit B7 - 10-5-11 GAO Decision, # 46 Exhibit (Affidavit) \Exhibit C - Reid Declaration)(Aframe, Seth) (Entered: 02/15/2013)
2013-02-19	34	Notice of Intent to Reply to Objection to 25 MOTION for Summary Judgment . Follow up on Reply on 3/8/2013.(Tierney, Michael) (Entered: 02/19/2013)
2013-02-19	35	Assented to MOTION to File Combined Reply/Objection to Motions for Summary Judgment filed by New Hampshire Right to Life.(Tierney, Michael) (Entered: 02/19/2013)
2013-02-19	36	CERTIFICATE OF SERVICE by US Department of Health and Human Services re: 33 Memorandum to Motion and/or Objection,,,,,,,,,,,, (Aframe, Seth) (Entered: 02/19/2013)
2013-02-20		ENDORSED ORDER granting 35 Motion to File Combined Reply/Objection to Motions for Summary Judgment. Text of Order: Granted. So Ordered by Chief Judge Joseph N. Laplante.(jb) (Entered: 02/20/2013)
2013-02-26		ORDER: The clerk shall remove the final pretrial conference and trial date from the court calendar. The trial will be rescheduled, if necessary, after resolution of the summary judgment litigation. So Ordered by Chief Judge Joseph N. Laplante.(jb) (Entered: 02/26/2013)
2013-02-26		Deadlines terminated - Trial deadlines terminated. (ko) (Entered: 02/26/2013)
2013-03-18	37	OBJECTION to 31 MOTION for Summary Judgment and Memorandum of Law in Reply filed by New Hampshire Right to Life. (Attachments: # 1 Exhibit List, # 2 Exh A - Clinic Standards, # 3 Exh B - Grant Budget, # 4 Exh C - HHS Facilities Program Manual, # 5 Exh D - HHS Grants Policy Directive, # 6 Exh E - Fed Fam Planning Personnel Listing, # 7 Exh F -State Family Planning Staff List, # 8 Exh G - Sliding Fee Scale, # 9 Exh H - PP Employee Profiles, # 10 Exh I - UL article re salary of PP CEO, # 11 Exh J - Gov. Hassan Press Releases re hiring PP Officials to Run Gov)(Tierney, Michael) (Entered: 03/18/2013)
2013-03-18	38	RESPONSE to Motion re 25 MOTION for Summary Judgment filed by New Hampshire Right to Life. (Tierney, Michael) (Entered: 03/18/2013)
2013-03-21		Oral Notice of Intent to Reply to Objection to 31 MOTION for Summary Judgment by Defendant. Follow up on Reply on 4/4/2013.(dae) (Entered: 03/21/2013)
2013-04-03	39	REPLY to Objection to Motion re 31 MOTION for Summary Judgment filed by US Department of Health and Human Services. (Attachments: # 1 Exhibit (Affidavit) Declaration of Marilyn Keefe)(Aframe, Seth) (Entered: 04/03/2013)
2013-04-03	40	Notice of Intent to Surreply to Reply to Objection to Motion re 31 Motion for Summary Judgment . Surreply Follow Up on 4/22/2013.(Tierney, Michael) (Entered: 04/03/2013)
2013-04-08	41	Assented to MOTION To File Surreply Memorandum filed by New Hampshire Right to Life. (Attachments: # 1 Exhibit Surreply Memorandum of NHRTL to Motion for Summary Judgment [Doc. 31])(Tierney, Michael) (Entered: 04/08/2013)
2013-04-12		ENDORSED ORDER granting 41 Motion to File Surreply Memorandum. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Chief Judge Joseph N. Laplante.(jb) (Entered: 04/12/2013)
2013-04-12	42	SURREPLY to Reply to 31 MOTION for Summary Judgment filed by New Hampshire Right to Life. (Tierney, Michael) (Entered: 04/12/2013)
2013-09-30	43	///ORDER granting in part and denying in part 25 Motion for Summary Judgment; granting in part and denying in part 31 Motion for Summary Judgment. Within 10 days of the date of this order, HHS shall produce information as outlined to Right to Life. So Ordered by Chief Judge Joseph N. Laplante.(jb) (Entered: 09/30/2013)
2013-09-30	46	///CORRECTED ORDER granting in part and denying in part 25 Motion for Summary Judgment; granting in part and denying in part 31 Motion for Summary Judgment. So Ordered by Chief Judge Joseph N. Laplante.(jb) Modified on 10/28/2013 to add: "Corrected"(jb). (Entered: 10/28/2013)
2013-10-09	44	MOTION to Stay September 30, 2013 Order filed by US Department of Health and Human Services. Follow up on Objection on 10/28/2013.(Aframe, Seth) (Entered: 10/09/2013)
2013-10-10	45	OBJECTION to 44 MOTION to Stay September 30, 2013 Order filed by New Hampshire Right to Life. (Tierney, Michael) (Entered: 10/10/2013)
2013-10-11		ENDORSED ORDER granting 44 Motion to Stay September 30, 2013 Order. Text of Order: Granted. Motion granted. Stay imposed until deadline for HHS's Notice of Appeal. So Ordered by Chief Judge Joseph N. Laplante.(jb) (Entered: 10/11/2013)
2013-10-28	47	JUDGMENT is hereby entered in accordance with 43 Order on Motion for Summary Judgment 46 Order on Motion for Summary Judgment. Signed by Clerk James R. Starr. (Case Closed) (cmp) (Entered: 10/28/2013)
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