Certified copy of USCA JUDGMENT/MANDATE re 26 Notice of Interlocutory Appeal: VACATING the preliminary injunction and REMANDING for further consideration not inconsistent with this opinion.(kkc) (Entered: 12/12/2012)
ORDER GRANTING Plaintiff's 52 Motion to Dismiss without Prejudice as parties have also filed an action in State Court. Signed by Judge Lee Yeakel. (klw) (Entered: 11/27/2012)
RESPONSE to Motion, filed by Thomas M. Suehs, re 52 MOTION to Dismiss and Abstain filed by Plaintiff Planned Parenthood of Austin Family Planning, Inc., Plaintiff Planned Parenthood Association of Hidalgo County Texas, Inc., Plaintiff Planned Parenthood of Cameron and Willacy Counties, Plaintiff Planned Parenthood of North Texas, Inc., Plaintiff Planned Parenthood of West Texas, Inc., Plaintiff Planned Parenthood Association of Lubbock, Inc., Plaintiff Planned Parenthood of Gulf Coast, Inc., Plaintiff Planned Parenthood of Central Texas, Plaintiff Family Planning Associates of San Antonio (Attachments: # 1 Proposed Order)(Monson, Kristofer) (Entered: 11/09/2012)
MOTION to Dismiss and Abstain by Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc., Planned Parenthood of West Texas, Inc.. (Attachments: # 1 Proposed Order)(Conway, Susan) (Entered: 11/06/2012)
Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held in Chambers on 9/4/2012 (Minute entry documents are not available electronically). (Court Reporter Arlinda Rodriguez.) (kkc, ) (Entered: 09/04/2012)
Minute Entry for proceedings held before Judge Lee Yeakel: Conference held on 8/22/2012 (Minute entry documents are not available electronically). (Court Reporter Arlinda Rodriguez.) (kkc, ) (Entered: 08/22/2012)
ORDER Vacating Scheduling Order and Temporarily Staying Proceedings; GRANTING 48 Motion to Stay Case; GRANTING 48 Motion to Vacate. Signed by Judge Lee Yeakel. (kkc, ) (Entered: 08/03/2012)
Joint MOTION to Stay Case Temporarily, Joint MOTION to Vacate Scheduling Order by Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc., Planned Parenthood of West Texas, Inc., Thomas M. Suehs. (Schenkkan, P.) Modified on 8/3/2012 to add filer (kkc, ). (Entered: 08/02/2012)
Response in Opposition to Motion, filed by Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc., Planned Parenthood of West Texas, Inc., re 36 Opposed MOTION to Clarify Scope of Preliminary Injunction re 25 Order on Motion for Preliminary Injunction filed by Defendant Thomas M. Suehs (Attachments: # 1 Affidavit Declaration of Sarah J. Wheat)(Schenkkan, P.) (Entered: 05/23/2012)
ORDER SETTING BRIEFING SCHEDULE AND TRIAL: Discovery due by 8/17/2012. Plaintiffs' trial brief due 9/7/2012. Defendant's response due 9/28/2012. Plaintiffs' reply due 10/5/2012. Bench Trial set for 10/19/2012 AT 9:00 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (kkc, ) (Entered: 05/22/2012)
Minute Entry for proceedings held before Judge Lee Yeakel: Scheduling Conference held on 5/18/2012 (Minute entry documents are not available electronically). (Court Reporter Arlinda Rodriguez.) (kkc, ) (Entered: 05/18/2012)
ORDER GRANTING 41 Motion for Extension of Time to Respond to 36 Motion to Clarify Scope of Preliminary Injunction; response due 5/23/2012. Signed by Judge Lee Yeakel. (kkc, ) (Entered: 05/16/2012)
SUPPLEMENT TO ORDER GRANTING PRELIMINARY INJUNCTION: this court restates its conclusion that no bond shall be required of Plaintiffs. Signed by Judge Lee Yeakel. (kkc, ) (Entered: 05/15/2012)
Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Clarify Scope of Preliminary Injunction by Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc., Planned Parenthood of West Texas, Inc.. (Attachments: # 1 Proposed Order Order Granting Plaintiffs' Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Clarify Scope of Preliminary Injunction)(Baumgartner, Matthew) (Entered: 05/15/2012)
ORDER GRANTING 34 Motion for Kristofer S. Monson 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 Lee Yeakel. (kkc, ) (Entered: 05/14/2012)
ATTACHMENT (Proposed Order) to 36 Opposed MOTION to Clarify Scope of Preliminary Injunction re 25 Order on Motion for Preliminary Injunction by Thomas M. Suehs. (Mitchell, Jonathan) (Entered: 05/11/2012)
DEFICIENCY NOTICE: re 36 Opposed MOTION to Clarify Scope of Preliminary Injunction re 25 Order on Motion for Preliminary Injunction. (kkc, ) (Entered: 05/11/2012)
Opposed MOTION to Clarify Scope of Preliminary Injunction re 25 Order on Motion for Preliminary Injunction by Thomas M. Suehs. (Mitchell, Jonathan) (Entered: 05/11/2012)
MOTION to Appear Pro Hac Vice by Kristofer S. Monson ( Filing fee $ 25 receipt number 100013835) on behalf of Thomas M. Suehs. (kkc, ) (Additional attachment(s) added on 5/10/2012: # 2 Corrected Receipt) (kkc, ). (Entered: 05/10/2012)
Agreed MOTION to Continue Scheduling Conference by Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc., Planned Parenthood of West Texas, Inc.. (Schenkkan, P.) (Entered: 05/09/2012)
Transcript filed of Proceedings held on April 19, 2012, Proceedings Transcribed: Preliminary Injunction Hearing. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-916-5143. 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 5/30/2012. Redacted Transcript Deadline set for 6/11/2012. Release of Transcript Restriction set for 8/7/2012. Appeal Record due by 5/24/2012. (Rodriguez, Arlinda) (Entered: 05/09/2012)
TRANSCRIPT REQUEST by Thomas M. Suehs for dates of 4/19/2012. Proceedings Transcribed: Hearing on Motion for Preliminary Injunction. Court Reporter: Arlinda Rodriguez. (kkc, ) (Entered: 05/07/2012)
ORDER GRANTING 28 Motion for Extension of Time to Answer re 1 Complaint; Thomas M. Suehs answer due 5/10/2012. Signed by Judge Lee Yeakel. (kkc, ) (Entered: 05/07/2012)
Certified and Transmitted Record on Appeal to USCA Fifth Circuit re Notice of Appeal - Interlocutory. Record consists of 2 Volumes of the Electronic Record on Appeal. (kkc, ) (Entered: 05/04/2012)
ORDER GRANTING 2 Motion for Preliminary Injunction. This case is set for a scheduling conference at 1:30 p.m. on Friday, May 18, 2012. Signed by Judge Lee Yeakel. (kkc, ) (Entered: 04/30/2012)
Proposed Order and supporting letter re 2 MOTION for Preliminary Injunctionby Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc., Planned Parenthood of West Texas, Inc.. (Attachments: # 1 Memo in Support Letter)(Conway, Susan) Modified on 4/23/2012 to add relationship (kkc, ). (Entered: 04/23/2012)
Minute Entry for proceedings held before Judge Lee Yeakel: Motion Hearing held on 4/19/2012 re 2 MOTION for Preliminary Injunction (Minute entry documents are not available electronically). (Court Reporter Arlinda Rodriguez.) (kkc, ) (Entered: 04/20/2012)
SUMMONS Returned Executed by Family Planning Associates of San Antonio, Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Central Texas, Planned Parenthood of North Texas, Inc., Planned Parenthood of Austin Family Planning, Inc., Planned Parenthood of Gulf Coast, Inc., Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood of West Texas, Inc., Planned Parenthood of Cameron and Willacy Counties. Thomas M. Suehs, Executive Commissioner, Texas Health and Human Services Commission, in his official capacity served on 4/12/2012, answer due 5/3/2012. (Baumgartner, Matthew) (Entered: 04/19/2012)
Unopposed MOTION for Leave to Exceed Page Limitation by Thomas M. Suehs, Executive Commissioner, Texas Health and Human Services Commission, in his official capacity. (Attachments: # 1 Proposed Order)(Mitchell, Jonathan) (Entered: 04/18/2012)
Response in Opposition to Motion, filed by Thomas M. Suehs, Executive Commissioner, Texas Health and Human Services Commission, in his official capacity, re 2 MOTION for Preliminary Injunction filed by Plaintiff Planned Parenthood Association of Hidalgo County Texas, Inc., Plaintiff Planned Parenthood of Cameron and Willacy Counties, Plaintiff Planned Parenthood of North Texas, Inc., Plaintiff Planned Parenthood of Gulf Coast, Inc., Plaintiff Family Planning Associates of San Antonio, Plaintiff Planned Parenthood Association of Lubbock, Inc., Plaintiff Planned Parenthood of Central Texas (Attachments: # 1 Affidavit Suehs, # 2 Proposed Order)(Mitchell, Jonathan) (Entered: 04/18/2012)
NOTICE of Attorney Appearance by Jonathan Franklin Mitchell on behalf of Thomas M. Suehs, Executive Commissioner, Texas Health and Human Services Commission, in his official capacity (Mitchell, Jonathan) (Entered: 04/18/2012)
NOTICE of Attorney Appearance by Arthur C. D'Andrea on behalf of Thomas M. Suehs, Executive Commissioner, Texas Health and Human Services Commission, in his official capacity (D'Andrea, Arthur) (Entered: 04/16/2012)
ORDER Setting Hearing on 2 MOTION for Preliminary Injunction: Motion Hearing set for 4/19/2012 at 3:00 PM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (kkc, ) (Entered: 04/16/2012)
Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Status Conference held on 4/16/2012 (Minute entry documents are not available electronically). Set Motion Hearing for 2 MOTION for Preliminary Injunction (Motion Hearing set for 4/19/2012 at 3:00 PM before Judge Lee Yeakel). (Court Reporter Arlinda Rodriguez) (kkc, ) (Entered: 04/16/2012)
ORDER GRANTING 7 Motion for Carrie Y. Flaxman 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 Lee Yeakel. (kkc, ) (Entered: 04/16/2012)
ORDER GRANTING 6 Motion for Helene T. Krasnoff 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 Lee Yeakel. (kkc, ) (Entered: 04/16/2012)
ORDER GRANTING 5 Motion for Roger K. Evans 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 Lee Yeakel. (kkc, ) (Entered: 04/16/2012)
RULE 7 DISCLOSURE STATEMENT filed by Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc., Planned Parenthood of West Texas, Inc. (Baumgartner, Matthew) Modified on 4/12/2012 to add filer (kkc, ). (Entered: 04/11/2012)
Summons Issued as to Thomas M. Suehs, Executive Commissioner, Texas Health and Human Services Commission, in his official capacity. (kkc, ) (Entered: 04/11/2012)
REQUEST FOR ISSUANCE OF SUMMONS by Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc., Planned Parenthood of West Texas, Inc. (Baumgartner, Matthew) Modified on 4/11/2012 to add filer (kkc, ). (Entered: 04/11/2012)
MOTION to Appear Pro Hac Vice by Matthew B. Baumgartner Carrie Flaxman ( Filing fee $ 25 receipt number 0542-4482820) by on behalf of Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc., Planned Parenthood of West Texas, Inc. (Baumgartner, Matthew) Modified on 4/11/2012 to add filer (kkc, ). (Entered: 04/11/2012)
MOTION to Appear Pro Hac Vice by Matthew B. Baumgartner Helene Krasnoff ( Filing fee $ 25 receipt number 0542-4482802) by on behalf of Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc., Planned Parenthood of West Texas, Inc. (Baumgartner, Matthew) Modified on 4/11/2012 to add filer (kkc, ). (Entered: 04/11/2012)
MOTION to Appear Pro Hac Vice by Matthew B. Baumgartner Roger K. Evans ( Filing fee $ 25 receipt number 0542-4482727) by on behalf of Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc., Planned Parenthood of West Texas, Inc. (Baumgartner, Matthew) Modified on 4/11/2012 to add filer (kkc, ). (Entered: 04/11/2012)
NOTICE of Filing Corrected Civil Cover Sheet by Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin, Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc. (Baumgartner, Matthew) (Entered: 04/11/2012)
MOTION for Leave to Exceed Page Limitation by Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin, Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc.. (Attachments: # 1 Proposed Order Proposed Order granting Motion to Exceed)(Baumgartner, Matthew) (Entered: 04/11/2012)
MOTION for Preliminary Injunction by Family Planning Associates of San Antonio, Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Austin, Family Planning, Inc., Planned Parenthood of Cameron and Willacy Counties, Planned Parenthood of Central Texas, Planned Parenthood of Gulf Coast, Inc., Planned Parenthood of North Texas, Inc.. (Attachments: # 1 Appendix Appendix TOC, # 2 Appendix Summary of Facts, # 3 Exhibit Texas Affiliate Rule, # 4 Exhibit WHP Summary, # 5 Exhibit HHSC Rider 64 Report, # 6 Exhibit A. Hawkins letter to Sen. Deuell, # 7 Exhibit Tex. Medicaid letter to WHP Providers, # 8 Exhibit 2011 C. Mann letter to B. Millwee, # 9 Exhibit 2012 C. Mann letter to B. Millwee, # 10 Exhibit R. Perry letter to T. Suehs, # 11 Exhibit Declaration of K. Lambrecht, # 12 Exhibit Declaration of P. Gonzales, # 13 Exhibit Declaration of T. Haskell, # 14 Exhibit Declaration of K. Hildebrand, # 15 Proposed Order Proposed Order granting Preliminary Injunction)(Baumgartner, Matthew) (Entered: 04/11/2012)
COMPLAINT ( Filing fee $ 350 receipt number 0542-4480390), filed by Family Planning Associates of San Antonio, Planned Parenthood Association of Lubbock, Inc., Planned Parenthood of Central Texas, Planned Parenthood of North Texas, Inc., Planned Parenthood of Austin, Family Planning, Inc., Planned Parenthood of Gulf Coast, Inc., Planned Parenthood Association of Hidalgo County Texas, Inc., Planned Parenthood of West Texas, Inc., Planned Parenthood of Cameron and Willacy Counties. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Baumgartner, Matthew) (Entered: 04/11/2012)
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