Title X ‘program integrity’

DHHS, “Compliance With Statutory Program Integrity Requirements,” 84 Fed. Reg. 7714 (March 4, 2019)

2019-03461

Fact sheet, January 28, 2021

FACT SHEET 1 28 21

Supreme Court motion practice in Nos. 20-429, 20-454, 20-539

Cases: California, Maine, Maryland, Oregon, Northern Texas, Eastern Washington

SUPREME COURT MOTION PRACTICE IN 20-429, 20-454, 20-539

Ohio motion to intervene in Supreme Court case, March 8, 2021

20210308151317902_Title X Intervention Motion

Joint stipulation to dismiss, March 12, 2021

20210312173545229_20-429 and 20-539 – AMA v. Cochran – Oregon v. Cochran – Stipulation to Dismiss

American Ass’n of Pro-Life Ob’s and Gyn’s motion to interevene or present oral argument in Supreme Court case, March 12, 2021

20210312142720890_20-429 Motion to Intervene of The American Association of Pro-Life Obstetricians Gynecologists

AAPLObGyn’s motion for leave to file supplemental brief, and supplemental brief, March 15, 2021

20210315161031026_20-429 Motion for leave to file a supplement brief in support of intervention and proposed supplemental brief_FINAL

Ohio et al motion for leave to file supplemental brief, and supplemental brief, March 15, 2021

20210315162546294_Motion for Leave to File Supp Brief

US opposition to motions to intervene, March 18, 2021

20210318164758577_20-429 et al. American Medical Assn et al. Govt Opp to Motions to Intervene

State petitioners’ opposition to motions to intervene, March 18, 2021

20210318191449392_20-539 States of Oregon et al Opposition to Motions to Intervene.Final

AMA, et al, opposition to motions to intervene, March 18, 2021

20210318192845954_20-429 and 20-454 – AMA v. Cochran – Opposition to Motions to Intervene

Ohio supplemental filing and motion for leave to file, March 19, 2021

20210319081851347_SCOTUS Motion for Leave to File Supp Brief re Intervention

AAPLObGyn supplemental filing and motion for leave to file, March 19, 2021

20210319121745519_20-429 Motion for Leave to File a Supplement Brief in Support of Intervention and Brief in Support of Intervention

Ohio reply supporting intervention, March 19, 2021

20210319150728838_Reply ISO Intervention

AAPLObGyn reply supporting intervention, March 22, 2021

20210322130659907_2021.03.22 Reply in Support of Motion to Intervene with Declaration

Existing parties’ request for extension of time to file opening briefs, April 1, 2021

20210401141818710_extension letter merit 20-429 20-454 20-539

Apr 01 2021 Motion to extend the time to file the joint appendix and petitioners’ briefs on the merits is granted, and the time is extended to and including May 6, 2021. VIDED.

US letter to the Court, April 15, 2021

20210415103405665_Letter 20-429 20-454 20-539

Order, April 26, 2021

042621zor_e18f

20-429 ) AMERICAN MEDICAL ASSN., ET AL. V. BECERRA, SEC. OF H&HS, ET AL.
20-454 ) BECERRA, SEC. OF H&HS, ET AL. V. MAYOR AND CITY COUNCIL BALTIMORE
20-539 ) OREGON, ET AL. V. BECERRA, SEC. OF H&HS, ET AL.
The Acting Solicitor General is directed to file a letter brief addressing the following question: Whether the Government intends to continue to enforce the challenged rule and regulations outside the State of Maryland until the completion of notice and comment; and, if further litigation is brought against the challenged rule and regulations outside of Maryland, how the Government would intend to respond. The brief, not to exceed three pages, is to be filed by Monday, May 3, 2021. The non-federal parties and the proposed intervenors may submit any responses in letter briefs, not to exceed three pages each, by
Monday, May 10, 2021.

Petitioners’ unopposed request for 2d extension to file opening briefs, April 29, 2021

20210429100438321_Extension letter 20-429 20-454 20-539 merit 2-1

US letter responding to April 26 order, May 3, 2021

20210503144133267_20-429 Am Med 20-454 and 20-539

Ohio letter responding to US letter, May 10, 2021

20210510152701058_Title X Response Letter

American Ass’n of Pro Life OB GYN letter, May 10, 2021

20210510163928117_2021.05.10 Response Letter Brief_Final-1

May 17 2021 The Government has filed a letter brief representing that it will continue enforcing the challenged rule and regulations outside the State of Maryland for as long as they remain operative. If further litigation is brought against the challenged rule and regulations outside of Maryland, the Government represents that it will either oppose that litigation on threshold grounds or seek to hold the litigation in abeyance pending the completion of notice and comment. In light of the Government’s representations, the motions for leave to intervene are denied, and the petitions in Nos. 20-429, 20-454, and 20-539 are dismissed pursuant to Rule 46.1. If the Government fails to enforce the challenged rule and regulations outside of Maryland prior to the completion of notice and comment, or if litigation is brought against the challenged rule and regulations outside of Maryland, any aggrieved party may file an application in this Court after seeking relief in the appropriate District Court and Court of Appeals. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the motions for leave to intervene and deny the stipulations to dismiss the petitions. VIDED.

CALIFORNIA

State of California by and through Becerra v. Azar, No. 3:19-cv-1184 (N.D. Cal.)

Complaint, March 4, 2019

file0.272369527063471

Essential Access related case notice, March 11, 2019

file0.21084527139659

Order on related case decision procedure, March 12, 2019

file0.633018808943358

Minute Entry for proceedings held before Judge Edward M. Chen:

Initial Case Management Conference held on 3/20/2019. Plaintiffs to file motion for preliminary injunction by 3/21/2019. Opposition due by 4/8/2019. Reply due by 4/11/2019. Motion Hearing set for 4/18/2019 12:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. See pdf image for further details.

Total Time in Court: 25 Minutes.
Court Reporter: Katherine Sullivan.

Plaintiff Attorneys: Anna Rich, Michelle Ybarra, Justina Sessions.
Defendant Attorney: Bradley Humphries.

Attachment: Minute Order.
(afmS, COURT STAFF) (Date Filed: 3/20/2019) (Entered: 03/20/2019)

Motion for preliminary injunction, March 21, 2019

file0.456023721062717

Brindis declaration, with attachments

merged_84265_-1-1553791051

Cantwell declaration

file0.217870503236679

Castellano-Garcia declaration

file0.208547182885138

Ferrer declaration

file0.481998908837465

Forer declaration

file0.559843778881383

Kost declaration

file0.53189991325247

Marshall declaration

file0.369310351825458

McCarthy declaration

file0.493592401306284

McKinney declaration

file0.847987469091219

Morris declaration

file0.524813505393592

Nestor declaration

file0.907301180103001

Rabinovitz declaration

file0.550208408656669

Rich declaration, with attachments

Declaration of Anna Rich in Support of 26 MOTION for Preliminary Injunction filed byState of California. (Attachments: # 1 Exhibit OPA Program Requirements, # 2 Exhibit California Medical Association, # 3 Exhibit Center for Reproductive Rights, # 4 Exhibit American Academy of Nursing, # 5 Exhibit Guttmacher Institute, # 6 Exhibit California Association for Nurse Practitioners, # 7 Exhibit American College of Obstetricians and Gynecologists, # 8 Exhibit Multistate Comment Letter, # 9 Exhibit American Medical Association, # 10 Exhibit American College of Nurse-Midwives, # 11 Exhibit American Public Health Association, # 12 Exhibit National Family Planning & Reproductive Health Association, # 13 Exhibit Planned Parenthood Federation of America, # 14 Exhibit American Academy of Pediatrics and the Society for Adolescent Health and Medicine, # 15 Exhibit Northeast Valley Health Corporation, # 16 Exhibit American College of Physicians, # 17 Exhibit American Academy of Family Physicians)(Related document(s) 26 ) (Rich, Anna) (Filed on 3/21/2019) (Entered: 03/21/2019)

merged_45092_-1-1553790899

Spirtos declaration

file0.0390669734134796

Thomas declaration

file0.306448458033753

Tosh declaration

file0.224318126487685

Tuttle declaration

file0.981828050493402

Wilburn declaration

file0.229754088717652

Sevier motion to intervene, memo, March 28, 2019

merged_38799_-1-1553896170

merged_78461_-1-1553896229

Institute for Policy Integrity amicus papers, April 5, 2019

merged_25471_-1-1554572380

Ohio amicus, April 8, 2019

merged_24016_-1-1554817225

US opposition, April 8, 2019

merged_69357_-1-1554817385

American Academy of Pediatrics amicus, April 8, 2019

merged_18827_-1-1554817486

Susan B. Anthony List amicus, April 9, 2019

file0.256242994490218

ACLJ amicus, April 10, 2019

merged_63239_-1-1554990205

Plaintiffs’ reply supporting preliminary injunction, April 11, 2019

file0.842454133127955

US opposition to Sevier intervention, April 11, 2019

file0.795303978529898

Plaintiff’s opposition to Sevier intervention, April 11, 2019

file0.776322153202397

Plaintiff’s preliminary injunction reply, April 11, 2019

file0.852687233631638

Order for supplemental submissions re rulemaking, April 15, 2019

file0.700338528995541

US supplemental submission, April 17, 2019

file0.438760244325874

Plaintiffs’ supplemental submission, April 17, 2019

file0.115437460868758

Opinion, April 26, 2019

show_temp.pl 13

Defendants’ notice re conscience regs, May 2, 2019

file0.0442223714582148

Defendants’ notice of appeal, May 6, 2019

file0.159608843076182

Motion for stay pending appeal, with affidavit and proposed order, May 6, 2019

merged_68327_-1-1557236485

Motion for shortened time, with affidavit and proposed order, May 6, 2019

merged_13912_-1-1557236537

[Many amicus briefs, May 7, 2019]

Plaintiff’s opposition to motion for shortened time, with declaration and proposed order, May 8, 2019

file0.00161229822891684

file0.266690654252795

file0.953011291605559

Order denying stay but modifying injunction, May 8, 2019

file0.831715888382075

Ninth Circuit # 19-15974

Motion for stay pending appeal, May 10, 2019

9C X stay mo

Opposition to stay pending appeal, May 20, 2019

9C X stay op

Reply supporting stay pending appeal, May 24, 2019

9C 19-15974 stay reply

Motion to stay trial court proceedings pending appeal, May 24, 2019

merged_69385_-1-1558891134

Related case suggestion, with declaration and attachments, May 24, 2019

merged_88889_-1-1558891209

merged_58776_-1-1558891276

US opposition to related case suggestion, May 28, 2019

file0.079462850970355

Order denying related case, May 30, 2019

file0.413960737680224

US opening brief, June 3, 2019

9C US opening brief

Ohio amicus, June 7, 2019

9C Ohio amicus

Americans United for Life amicus, June 7, 2019

9C Americans United for Life amicus

CA opposition to motion to stay trial court proceedings pending appeal, June 7, 2019

file0.631711283038509

Private opposition to motion to stay trial court proceedings pending appeal, June 7, 2019 (in -1195)

file0.592382634096918

American Center for Law and Justice amicus, June 10, 2019

9C ACLJ amicus

Susan B. Anthony List amicus, June 10, 2019

9C Susan B Anthony List amicus

US notice re Obria, June 13, 2019

file0.844064268089038

Ninth Circuit order granting stay pending appeal, June 20, 2019

9C order granting stay pending appeal

[Emergency motion for, see other cases below

Ninth Circuit scheduling order for response by 6/27 5 pm, June 25, 2019

Document 44

Response opposing, June 25, 2019

Document 52

Response opposing, June 27, 2019

9C appellant response opposing

States’ answering brief, July 1, 2019

9C state answering brief

States’ suggestion re initial en banc, July 1, 2019

9C state initial en banc suggestion

Private appellees’ petition for rehearing en banc of stay order, July 1, 2019

9C private pet rehearing eb

US 28(j) notice, Baltimore, July 2, 2019

9C US 28 j baltimore

Ninth Circuit en banc order, July 3, 2019

Document 58

9C en banc order

Ninth Circuit en banc order, July 8, 2019

file0.891833364769024

Amicus briefing: NCLR

Amicus briefing: NHeLP

Amicus briefing: Institute for Policy Integrity

Amicus briefing: City of New York

Amicus briefing: 12 local governments

Amicus briefing: American College of Obstetricians and Gynecologists

Amicus briefing: California Women’s Law Center

District court order denying stay pending appeal, July 9, 2019

file0.841664580200938

US request for ruling, July 10, 2019

9C US request for ruling

Order denying administrative stay, July 11, 2019

9C order denying motion for administrative stay

US reply brief, July 22, 2019

9C reply brief

Private plaintiffs’ emergency recon motion, July 25, 2019

9C private plaintiffs emergency recon

States’ emergency recon motion, July 25, 2019

9C states emergency recon

US motion to dismiss, July 30, 2019

merged_58753_-1-1564580097

Oral argument notices, July 29 and August 1, 2019

6682471-0–17444

6686221-0–17526

Stipulated scheduling order, August 6, 2019

file0.060216167747182

Planned Parenthood notice, August 14, 2019

Planned Parenthood notice 19-35386_Documents

US response to Planned Parenthood notice, August 15, 2019

9C US op to PP request

Plaintiffs’ opposition to US motion to dismiss, August 20, 2019

file0.275292529995692

Ohio motion to participate in oral argument, September 3, 2019

Ohio amicus motion re argument time

US reply supporting motion to dismiss, September 4, 2019

file0.684372666795877

Order denying Ohio motion to participate in oral argument, September 5, 2019

6723401-0–25878

Notice re Baltimore decision, September 13, 2019

file0.965284589250711

10/01/2019 151 CLERK’S NOTICE: The Court stays Defendants Motion to Dismiss (Docket No. 136 in Case No. 19-cv-01184 and Docket No. 109 in Case No. 19-cv-01195) given the pendency of appeal before the Ninth Circuit. The hearing currently scheduled for October 8, 2019 is vacated, and the Motion is stayed until further order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 10/1/2019) (Entered: 10/01/2019)

Order denying trial-level bifurcation, October 24, 2019

file0.47049578585769

Plaintiffs’ motion for summary judgment, January 23, 2020

file0.729737567055178

[Exhibits]

US renewed motion to dismiss/summary judgment opposition, February 3, 2020

merged_54882_-1-1580826074

Plaintiffs’ summary judgment reply/opposition, February 10, 2020

merged_36594_-1-1581518102

US reply, February 12, 2020

file0.371288741977093-1

Ninth Circuit opinion, February 24, 2020

9C opinion

US notice re renewed summary judgment motion, February 25, 2020

file0.38142767412695

Order for plaintiff response by 3/13, February 27, 2020

file0.700365254228142

Plaintiffs’ abeyance request, March 12, 2020

merged_19179_-1-1584113444

03/12/2020 184 CLERK’S NOTICE: Pursuant to Plaintiffs’ recent filings (see Docket No. 183 in Case No. 19-1184 and Docket No. 150 in Case No. 19-1195), the Court holds the pending motions for summary judgment and for dismissal in abeyance and schedules a status conference for 6/18/2020 10:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Joint status report due 6/11/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 3/12/2020) (Entered: 03/12/2020)

Providers’ rehearing en banc request, April 8, 2020

9C fcrh pet

States’ full court reconsideration request, April 8, 2020

States’ rheb

Order denying states’ full court reconsideration request, May 8, 2020

9C order denying rheb

05/14/2020 186 CLERK’S NOTICE: In light of the 9th Circuit’s recent order denying the petition of Plaintiffs-Appellees Essential Access Health, Inc. and Melissa Marshall, M.D. for full court or limited en banc court rehearing, the parties are directed to inform the Court as to how they plan to proceed and what issues remain for the Court to decide. The parties are to respond within one week; responses are limited to no more than five pages. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 5/14/2020) (Entered: 05/14/2020)

US response to May 14 order, May 21, 2020

file0.723592927252081

California response to May 14 order, June 4, 2020

file0.240433562352461

06/04/2020 193 CLERK’S NOTICE: Pursuant to Requests in 192 and 157 , Court GRANTS Stay and continuance of status conference in this and related case. Status Conference set for 6/18/2020 is vacated and rescheduled for 11/19/2020 10:30 AM in San Francisco before Judge Edward M. Chen. Joint Status Report due by 11/12/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 6/4/2020) (Entered: 06/04/2020)
06/04/2020 194 CLERK’S NOTICE: Motions 134 , 138 , 162 , 167 have been terminated. Parties may renotice these motions at a later date. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 6/4/2020) (Entered: 06/04/2020)

Notice of cert petition, October 7, 2020

file0.682709351918799

Stipulation with proposed order, March 4, 2021

17852668-0–31970

Order, March 5, 2021

file0.143660265525011

Ohio motion to intervene in Supreme Court case, March 8, 2021

20210308151317902_Title X Intervention Motion

Joint stipulation to dismiss, March 12, 2021

20210312173545229_20-429 and 20-539 – AMA v. Cochran – Oregon v. Cochran – Stipulation to Dismiss

American Ass’n of Pro-Life Ob’s and Gyn’s motion to interevene or present oral argument in Supreme Court case, March 12, 2021

20210312142720890_20-429 Motion to Intervene of The American Association of Pro-Life Obstetricians Gynecologists

AAPLObGyn’s motion for leave to file supplemental brief, and supplemental brief, March 15, 2021

20210315161031026_20-429 Motion for leave to file a supplement brief in support of intervention and proposed supplemental brief_FINAL

Ohio et al motion for leave to file supplemental brief, and supplemental brief, March 15, 2021

20210315162546294_Motion for Leave to File Supp Brief

US opposition to motions to intervene, March 18, 2021

20210318164758577_20-429 et al. American Medical Assn et al. Govt Opp to Motions to Intervene

State petitioners’ opposition to motions to intervene, March 18, 2021

20210318191449392_20-539 States of Oregon et al Opposition to Motions to Intervene.Final

AMA, et al, opposition to motions to intervene, March 18, 2021

20210318192845954_20-429 and 20-454 – AMA v. Cochran – Opposition to Motions to Intervene

Ohio supplemental filing and motion for leave to file, March 19, 2021

20210319081851347_SCOTUS Motion for Leave to File Supp Brief re Intervention

[]

California stipulation for voluntary dismissal, July 1, 2021

18239650-0–117672

Order dismissing California, July 2, 2021

file0.311211370668513

Essential Access Health v. Azar, No. 4:19-cv-1195 (N.D. Cal.)

Complaint, March 4, 2019

file0.396526843114895

Certification of interested entities or persons, March 11, 2019

file0.790779641402093

Motion for preliminary injunction/proposed order, March 21, 2019

merged_3177_-1-1553262107

Ybarra declaration, with attachments

merged_80776_-1-1553535455

For other versions of the Rabinovitz, Marshall, Kost, Brindis, Ferrer, Forer, Tosh, Wilburn, Thomas, Nestor, McKinney, Spirtos file0.608165015970496, Castellano-Garcia, Tuttle, and McCarthy declarations, see above.

For other versions of the US opposition, American Academy of Pediatrics amicus, April 8, see above

For other versions of the reply, April 11, 2019, see above

Essential Access Health petition for rehearing en banc, April 9, 2020

9C essential access health pet rheb

Essential Access stipulation for voluntary dismissal, July 1, 2021

file0.311211370668513

Order dismissing Essential Access, July 2, 2021

file0.673811568218422

Obria Group v. U.S. D.H.H.S., No. 8:19-cv-905 (C.D. Cal.)

Complaint, May 14, 2019

Obria complaint

US letter to plaintiffs, June 13, 2019

HHS letter to Obria plaintiffs

Voluntary dismissal, June 13, 2019

Obria notice of voluntary dismissal

MAINE

Family Planning Ass’n of Maine v. Azar, No. 1:19-cv-100 (D. Maine)

Complaint, filed March 6, 2019

Maine Family Planning complaint

Motion for preliminary injunction, with memo and declarations, March 25, 2019

Maine FP PI mo

Maine FP PI memo

[various amicus briefs]

[American Academy of Pediatrics et al amicus,

Opposition to motion for preliminary injunction, April 15, 2019

Maine FP US PI op

[Americans United for Life amicus,

[Alabama et al amicus,

Reply memo supporting preliminary injunction, April 23, 2019

Maine FP PI reply

Withdrawal of PI motion, with copy of Eastern Washington injunction, May 26, 2019

withdrawal of PI motion

Notice re HHS letter to Obria plaintiffs, June 13, 2019, with letter

Notice re letter to Obria

HHS letter to Obria plaintiffs

Plaintiffs’ motion to reopen preliminary injunction proceedings, June 21, 2019

Maine FP motion to reopen

US response to motion to reopen, June 25, 2019

09112454115

Order denying preliminary injunction, July 3, 2019

Order denying PI

Motion to modify injunction or for injunction pending appeal, with memo and supporting materials, July 16, 2019

78-main

09112465991

78-2

US opposition to motion to modify or for injunction pending appeal, July 23, 2019

US opposition to ipa motion

Reply memo and declarations supporting motion, July 29, 2019

Maine TX pltf reply

Order denying motion to amend order and motion for injunction pending appeal, August 9, 2019

Maine FP order denying to amend and denying ipa

Maine Family Planning notice of appeal, August 15, 2019

MFP notice of appeal

First Circuit # 19-1836

Joint motion to stay district court proceedings pending appeal, August 29, 2019

09112492361

08/30/2019 92 ORDER granting 91 Motion to Stay District Court Proceedings Pending Appeal By JUDGE LANCE E. WALKER. (jwr) (Entered: 08/30/2019)

Stipulation to dismiss appeal, October 22, 2019

1C Maine FP stip dism

Judgment re voluntary dismissal of appeal, October 23, 2019

1C judgment dism

10/24/2019   Reset Answer Deadline- The Mandate having been filed on 10/23/19 and the case is no longer stayed: Defendants’ Answer due by 11/14/2019. (mjlt) (Entered: 10/24/2019)

Motion for leave to file, amended complaint, November 21, 2019

amended complaint

US motion to dismiss, January 16, 2020

US motion to dismiss 1 16 20

US statement of undisputed material facts 1 16 20

Plaintiffs’ memo for summary judgment/opposition, February 27, 2020

pltf msj sj op

[Declarations]

Statement of undisputed facts, February 27, 2020

pltf statement undisp material facts

03/20/2020   Reset Deadlines as to 111 MOTION to Dismiss for Failure to State a Claim and MOTION for Summary Judgment per General Order 2020-2 issued by Chief Judge Jon D. Levy on 3/18/2020: Reply due by 4/30/2020. (mlm) (Entered: 03/20/2020)
03/20/2020   Reset Deadlines as to 113 MOTION for Summary Judgment per General Order 2020-2 issued by Chief Judge Jon D. Levy on 3/18/2020: Responses due by 4/30/2020. Reply due by 5/29/2020. (mlm) (Entered: 03/20/2020)

US summary judgment reply/summary judgment opposition, and response to statement of facts, April 30, 2020

US sj reply sj op

US statement facts response

Maine Family Planning summary judgment reply, May 29, 2020

Maine FP SJ reply

Decision and Order, June 9, 2020

FP Maine decision and order

Notice of appeal, August 7, 2020

09112665226

First Circuit # 20-1781

Unopposed motion for stay, December 15, 2020

1C unop stay mo 12 15 20

Motion to extend briefing deadlines, January 6, 2021

1C emergency motion to stay briefing

Stay order, January 6, 2021

1C stay

Joint motion to hold case in abeyance, May 25, 2021

1C joint abeyance mo

Abeyance1C abeyance order 6 7 order, June 7, 2021

Joint status report, August 6, 2021

1C MFP joint status report 8 6 21

Stipulation to dismiss appeal, October 14, 2021

1C stip dism

Order dismissing appeal, October 15, 2021

1C dism j

=======

MARYLAND

Mayor and City Council of Baltimore v. Azar, No. 1:19-cv-1103 (D. Md.)

Opinion, May 30, 2019

Family-planning

Order denying motion to stay pending appeal, June 19, 2019

093110368519

Fourth Circuit # 19-1614

Motion for stay pending appeal, June 20, 2019

Document 40

Motion to expedite appeal, June 20, 2019

Document 41

Requests for plaintiffs to file responses by June 26, June 21, 2019

Document 42

Document 43

Fourth Circuit stay order, July 2, 2019

4C stay order

Ohio amicus, July 3, 2019

4C Ohio amicus

Emergency motion for rehearing en banc, July 3, 2019

4C emergency motion for rhb

Fourth Circuit request for response, July 9, 2019

4C request for ehb response

US response, July 12, 2019

4C US rhb response

Status report, July 15, 2019

093110426356

US request for extension of time to answer, July 15, 2019

093110426356

Order partially granting extension of time, July 16, 2019

093110429039

Ohio, et al, request to participate in oral argument, July 16, 2019

Document 64

Fourth Circuit order requiring Baltimore reply to opposition to en banc motion, July 19, 2019

Document 68

Motion to stay pending appeal, July 22, 2019

US Balt motion to stay pending appeal

Reply supporting en banc motion, July 22, 2019

4C Baltimore reply

Response brief, July 29, 2019

4C response

Baltimore opposition to stay pending appeal, July 31, 2019

Baltimore op to stay pending appeal

City of New York amicus, August 5, 2019

4C City of New York amicus

NHeLP amicus, August 5, 2019

4C NHeLP amicus 8 5

National Center for Lesbian Rights amicus, August 5, 2019

4C National Center for Lesbian Rights amicus

Institute for Policy Integrity amicus, August 5, 2019

4C institute for policy integrity amicus

National Center for Youth Law amicus, August 5, 2019

4C National Center for Youth Law amicus

ACOG amicus, August 5, 2019

4C ACOG amicus

US reply supporting stay pending appeal, August 13, 2019

US reply supporting stay

US motion to dismiss, August 16, 2019

Baltimore v Azar US motion to dismiss

US opening brief, August 19, 2019

4C US opening brief

Order denying stay, August 20, 2019

Balt order denying stay

Response to motion to dismiss, August 26, 2019

Baltimore response to motion to dismiss

ACOG unopposed motion to participate in oral argument, August 26, 2019

4C unopposed ACOG mo to participate OA

Order granting ACOG motion to participate in oral argument, August 28, 2019

Document 71

US reply supporting motion to dismiss, August 30, 2019

Baltimore US reply supporting motion to dismiss

Order denying rehearing, September 3, 2019

4C order denying rehearing

Order partially denying motion to dismiss, September 12, 2019

Baltimore order on motion to dismiss

Parties’ joint scheduling status report, September 20, 2019

093110585411

Scheduling order, September 26, 2019

Baltimore scheduling order

Plaintiff’s motion and memo for summary judgment, November 1, 2019

Balt motion sj

Balt memo sj

Defendant’s opposition and cross motion, November 15, 2019

US MSJ and SJ op

Plaintiffs’ supplemental authority, November 18, 2019

Pltf supp auth 19-1614_Documents

Defendants’ supplemental authority response, November 25, 2019

Document 4

Plaintiffs’ summary judgment opposition/reply, December 2, 2019

Balt SJ op reply

American College of Obstetricians and Gynecologists amicus, December 9, 2019

ACOG amicus

US summary judgment reply, December 16, 2019

US SJ reply

Plaintiff ‘supplemental authority,’ i.e., transcript, February 10, 2020

transcript of SJ hearing

Summary judgment opinion and order, February 14, 2020

Baltimore dist opinion 2 14 20

Baltimore dist order 2 14 20

Supplemental authority, February 17, 2020

4C Balt addl auth (trial court)

US notice of appeal, February 24, 2020

US notice of appeal 2 24 20

Baltimore motion to clarify judgment, February 24, 2020

Balt mo to clarify judgment

Fourth Circuit # 20-1215

Clarified order, February 26, 2020

Baltimore clarified order

US notice of supp authority (Ninth Circuit), February 27, 2020

4C US 28 j Ninth Circuit

US motion for stay pending appeal, February 28, 2020

US motion for stay pending appeal

Plaintiffs’ response to additional authority (Ninth Circuit), February 28, 2020

Pltf resp to addl auth 9C

Plaintiffs’ opposition to motion for stay pending appeal, March 2, 2020

Op to stay

Plaintiffs’ additional authority response (Ninth Circuit), March 3, 2020

4C pltf addl auth response 9C

Order denying stay pending appeal, March 4, 2020

Order denying stay pending appeal 3 4 20

Plaintiffs’ opposition to consolidating appeals, March 4, 2020

4C pltf op to consol

US reply re consolidating appeals, March 6, 2020

4C US reply re not dismissing first appeal

US motion for stay pending appeal in second appeal, March 6, 2020

4C US motion for stay pending appeal

Baltimore reply supporting dismissing first appeal, March 9, 2020

4C pltf reply re dismissal of PI appeal

Plaintiffs’ motion to make judgment nationwide, March 13, 2020

Balt motion to make judgment nationwide

US opposition to making judgment nationwide, March 20, 2020

US op to nationwide vacatur

Plaintiffs’ reply supporting initial hearing en banc, March 23, 2020

4C pltf reply re initial heb

Plaintiffs’ notice of intent to file reply, March 24, 2020

Balt notice intent file reply

Corrected order consolidating cases and granting initial hearing en banc, March 30, 2020

4C order initial hearing en banc

Order denying stay pending appeal, March 30, 2020

4C order denying stay

Amended order denying stay pending appeal, March 31, 2020

4C amended order denying stay

US response re notice of intent to respond, April 10, 2020

US response Balt addl auth

US supplemental opening brief, April 10, 2010

4C US supplemental opening brief

Opinion and order denying nationwide relief, April 15, 2020

Opinion denying nationwide

Order no nationwide

Ohio supplemental amicus brief, April 17, 2020

4C ohio supp amicus

Baltimore extension request re amicus, April 23, 2020

4C Balt xt rq

Order requesting response, April 23, 2020

4C request for response by 4 27

US opposition to extension request, April 23, 2020

4C US op to xt

Baltimore reply supporting extension request, April 23, 2020

4C Balt xt reply

Baltimore supplemental response brief, April 24, 2020

4C Balt supp response

AMA amicus, April 28, 2020

4C AMA amicus

Clopton amicus, April 28, 2020

4C Clopton amicus

Order denying motion to extend reply brief time, April 28, 2020

4C order denying motion to extend rb

Institute for Policy Integrity supplemental amicus, April 28, 2020

4C inst policy integrity supp amicus

US supplemental reply brief, May 1, 2020

4C US supp reply

Nat’l Family Planning & Reproductive Health Ass’n supplemental amicus, May 1, 2020

NFPRHA supp amicus 5 1 20

California supplemental amicus, May 1, 2020

4C CA supp amicus

US supplemental authority (Ninth Circuit), May 11, 2020

4C US supp auth 9C

Baltimore response to US supplemental authority, May 12, 2020

4C Balt response re 9C

US additional authority (Maine), June 11, 2020

Def addl auth Maine

Plaintiffs’ additional authority response (Maine), June 15, 2020

4C pltf addl auth response maine

Plaintiffs’ additional authority (DACA), June 22, 2020

4C Pltf 28 j DACA

US response to plaintiffs’ additional authority, June 26, 2020

4C US nationwide vacatur addl auth resp

Opinion on rehearing en banc, September 3, 2020

4C rheb opinion

Opinion attachment, September 3, 2020

4C rheb opinion attachment

Judgment, September 3, 2020

4C rheb judgment

Joint status report, September 18, 2020

joint status report 9 18 20

US cert petition, October 7, 2020, No. 20-454

20201008110146702_Azar v. Baltimore Pet updated

Plaintiffs’ response, December 14, 2020

20201214163417679_20-454_Resp-1

US cert reply, December 23, 2020

20201223141412870_20-454 Azar v. Baltimore Cert Reply FINAL

Dec 23 2020 DISTRIBUTED for Conference of 1/8/2021.

[]

Joint status report, February 12, 2021

joint status report 2 12 21

Abeyance order, February 18, 2021

Baltimore abeyance order 2 18 21

Feb 22 2021 Petition GRANTED. The petitions for writs of certiorari in Nos. 20-429 and 20-539 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
   
Feb 22 2021 Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 20-429. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-429. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”

Ohio motion to intervene in Supreme Court case, March 8, 2021

20210308151317902_Title X Intervention Motion

Joint stipulation to dismiss, March 12, 2021

20210312191711724_20-454 – Cochran v. Baltimore – Stipulation to Dismiss

American Ass’n of Pro-Life Ob’s and Gyn’s motion to interevene or present oral argument in Supreme Court case, March 12, 2021

20210312142720890_20-429 Motion to Intervene of The American Association of Pro-Life Obstetricians Gynecologists

AAPLObGyn’s motion for leave to file supplemental brief, and supplemental brief, March 15, 2021

20210315161031026_20-429 Motion for leave to file a supplement brief in support of intervention and proposed supplemental brief_FINAL

Ohio et al motion for leave to file supplemental brief, and supplemental brief, March 15, 2021

20210315162546294_Motion for Leave to File Supp Brief

Ohio et al motion for leave to file supplemental brief, and supplemental brief, March 15, 2021

20210315162546294_Motion for Leave to File Supp Brief

US opposition to motions to intervene, March 18, 2021

20210318164758577_20-429 et al. American Medical Assn et al. Govt Opp to Motions to Intervene

State petitioners’ opposition to motions to intervene, March 18, 2021

20210318191449392_20-539 States of Oregon et al Opposition to Motions to Intervene.Final

AMA, et al, opposition to motions to intervene, March 18, 2021

20210318192845954_20-429 and 20-454 – AMA v. Cochran – Opposition to Motions to Intervene

Ohio supplemental filing and motion for leave to file, March 19, 2021

20210319081851347_SCOTUS Motion for Leave to File Supp Brief re Intervention

Joint status report in district court, April 1, 2021

Balt Title X status report 4 1 21

District court approval, April 5, 2021

Balt post status report order 4 5 21

Joint status report, June 1, 2021

Balt TX joint status 6 1

Joint status report, June 11, 2021

Balt joint status 6 11

Joint status report, June 16, 2021

Balt joint status 6 16 21

Final judgment order, June 16, 2021

Balt final judgment order

OREGON

State of Oregon v. Azar, No. 6:19-cv-317 (D. Or.)

Complaint, filed March 5, 2019

6521125-0–16763

States’ motion for preliminary injunction, March 21, 2019

6542524-0–10163

[Alexander-Scott declaration

Alifante declaration

Anderson declaration

Brandt declaration

Byrd declaration

Camp declaration

Charest declaration

Childs-Roshak declaration

Cooke declaration

Darney declaration

David declaration

Drew declaration

Gallagher declaration

Gillespie declaration

Handler declaration

Holmes declaration

Keenan declaration

Kunkel declaration

Lightner declaration

Lytle-Barnaby declaration

MacNaughton declaration

Nelson declaration

Preiss declaration

Rattay declaration

Reece declaration

Rimberg declaration

Ross declaration

Schaler-Haynes declaration

Skinner declaration

Stephens declaration

Tobias declaration

Walker Harris declaration

Wilson declaration

Zoll declaration

ACOG amicus, April 9, 2019

6561761-0–5535

Ohio amicus, April 11, 2019

merged_22311_-1-1555075424

US opposition to motion for preliminary injunction, April 11, 2019

6565219-0–20009

Private plaintiffs’ preliminary injunction reply, April 19, 2019

6574248-0–29596

Declaration

State plaintiffs’ preliminary injunction reply, April 19.2019

6574324-0–27966

Declarations

Plaintiffs’ notice re PI in Eastern Washington case, April 25, 2019

Oregon plaintiffs notice re suppl authority 4 25

Defendants’ response re PI, April 26, 2019

Oregon defendants notice re suppl authority 4 26

Plaintiffs’ reply re PI, April 26, 2019

Oregon plaintiffs joint reply re suppl authority 4 26

Order for preliminary injunction, April 29, 2019

6584696-0–25895

Defendants’ notice re conscience regulations, May 2, 2019

6589287-0–3452

Defendants’ notice of appeal, May 3, 2019

6592069-0–9614

Defendants’ motion for stay pending appeal, May 3, 2019

6592290-0–9853

Johnson declaration supporting motion for stay, May 3, 2019

6592293-0–9931

Ninth Circuit # 19-35386

05/06/2019 152 ORDER: Defendants ask the Court to stay the nationwide injunction entered last week. In their motion, Defendants specifically request that “If upon reviewing this motion the Court does not believe Defendants have met the requirements for a stay, Defendants request that the Court summarily deny the motion without awaiting a response from Plaintiffs.” The Court respectfully disagrees with defendants’ position and, in accordance with their request, summarily denies the motion to stay 150 in case 6:19-cv-00317-MC; 143 in case 6:19-cv-00318-MC. without awaiting a response from plaintiffs. Ordered by Judge Michael J. McShane. Associated Cases: 6:19-cv-00317-MC, 6:19-cv-00318-MC (cp) (Entered: 05/06/2019)

US motion for stay pending appeal, May 10, 2019

9C Oregon US mo for stay

Private op to stay pending appeal, May 20, 2019

9C private stay op

State op to stay pending appeal, May 20, 2019

9C state stay op

Reply supporting stay pending appeal, May 24, 2019

9C stay reply

Opening brief, May 31, 2019

9C US opening brief

American Center on Law and Justice amicus, June 7, 2019

9C American Center for Law and Justice amicus

Ohio amicus, June 7, 2019

9C Ohio amicus (Oregon)

Americans United for Life amicus, June 7, 2019

9C Americans United for Life amicus (Oregon)

Susan B. Anthony List amicus, June 7, 2019

9C Susan B Anthony List amicus

Ninth Circuit order granting stay pending appeal, June 20, 2019

9C order granting stay pending appeal

Emergency motion, and addendum, June 20, 2019

9C emergency motion

9C emergency motion addendum

Opposition to emergency motion, June 21, 2019

Document 39

Ninth Circuit scheduling order, June 25, 2019, see

[Answering brief], June 28, 2019

Document 53

[Petition for initial hearing en banc], June 28, 2019

Document 54

[Conditional petition for initial hearing en banc], June 28, 2019

Document 55

Ninth Circuit private answering brief, June 28, 2019

9C private answering brief 6 28

Ninth Circuit states’ answering brief, June 28, 2019

9C states answering brief

US reply brief, July 19, 2019

Document 69

US motion for stay, trial level, July 19, 2019

6673796-0–26800

07/25/2019 178 Scheduling Order by Judge Michael J. McShane: Plaintiffs’ Response to Motion for Stay (176 in 6:19-cv-00317-MC, 160 in 6:19-cv-00318-MC) is due by 8/2/2019. Defendants’ Reply is due by 8/9/2019. Ordered by Judge Michael J. McShane.Associated Cases: 6:19-cv-00317-MC, 6:19-cv-00318-MC (cp) (Entered: 07/25/2019)

Stay opposition (private), August 2, 2019

6687301-0–11863

Declarations (private), August 2, 2019

merged_36040_-1-1564840844

Stay opposition (states), August 2, 2019

6687625-0–12094

Defendants’ pro-stay reply, August 9, 2019

6695298-0–32309

Order denying full court en banc reconsideration, August 16, 2019

6703123-0–11551

Order denying reconsideration, August 20, 2019

6705379-0–30798

Order staying trial proceedings pending appeal, September 17, 2019

6735736-0–27744

05/11/2020 205 Scheduling Order by Judge Michael J. McShane: In light of the ruling from the Ninth Circuit Court of Appeals, a Status Report is due by 6/11/2020. Ordered by Judge Michael J. McShane.Associated Cases: 6:19-cv-00317-MC, 6:19-cv-00318-MC (cp) (Entered: 05/11/2020)

Joint status report, June 11, 2020

7023440-0–15206

Cert petition, No. 20-539 (docketed October 23, 2020)

20201005175922895_Oregon v. Azar_Petition for Writ

US cert response, December 4, 2020

20201204170013927_20-429 and 20-539 Opp

Cert reply, December 22, 2020

20201222105130057_20-539 Oregon v Azar Reply Brief

Dec 23 2020 DISTRIBUTED for Conference of 1/8/2021.

[]

Feb 22 2021 Petition GRANTED. The petitions for writs of certiorari in Nos. 20-429 and 20-454 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
   
Feb 22 2021 Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 20-429. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-429. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
   

Joint stipulation to dismiss, March 12, 2021

20210312173545229_20-429 and 20-539 – AMA v. Cochran – Oregon v. Cochran – Stipulation to Dismiss

American Ass’n of Pro-Life Ob’s and Gyn’s motion to interevene or present oral argument in Supreme Court case, March 12, 2021

20210312142720890_20-429 Motion to Intervene of The American Association of Pro-Life Obstetricians Gynecologists

AAPLObGyn’s motion for leave to file supplemental brief, and supplemental brief, March 15, 2021

20210315161031026_20-429 Motion for leave to file a supplement brief in support of intervention and proposed supplemental brief_FINAL

Ohio et al motion for leave to file supplemental brief, and supplemental brief, March 15, 2021

20210315162546294_Motion for Leave to File Supp Brief

05/27/2021 215 Scheduling Order by Judge Michael J. McShane. The parties are ordered to file a Joint Status Report with the Court by 6/28/2021. Ordered by Judge Michael J. McShane.Associated Cases: 6:19-cv-00317-MC, 6:19-cv-00318-MC (cp) (Entered: 05/27/2021)

Notice of voluntary dismissal, June 25, 2021

7481863-0–58406

Judgment, June 28, 2021

7483757-0–54936

American Medical Ass’n v. Azar, No. 6:19-cv-318 (D. Or.)

Complaint, March 5, 2019

6521308-0–25286

Motion for preliminary injunction, March 21, 2019

6542527-0–10251

Custer declaration

Gardner declaration

Udall declaration

Ewing declaration

Megregian declaration

Williams declaration

Madara declaration

Atkinson declaration

Black declaration

Brindis declaration

Kost declaration

Amicus brief

[HHS notice re Obria, June 13, 2019]

[Petition for certiorari, October 1, 2020]

[documents uri=_unstructured_binary_casebriefs_ama-v-azar-us-sup-ct-certiorari]

For Supreme Court motion practice, see above

 
NORTHERN TEXAS
 
Deanda v. Azar, No. 2:20-cv-92 (N.D. Tex.)
 
Complaint, April 10, 2020
 
 
Order, September 24, 2020
 
 
Deanda scheduling order, November 18, 2020
 
 
US motion/memo for summary judgment, July 2, 2021
 
 
 
Plaintiffs’ opposition/cross-motion for summary judgment, July 23, 2021
 
 
Deanda brief supporting class certification, July 26, 2021
 
 
US summary judgment reply/opposition, August 13, 2021
 
 
US class certification opposition, August 16, 2021
 
 
Deanda reply supporting cross-motion for summary judgment, September 10, 2021
 
 
Deanda reply supporting class certification, September 13, 2021
 
 
Joint motion to suspend deadlines pending resolution of dispositive motions, September 27, 2021
 
 
Order, September 28, 2021
 
 
US notice re final Title X regulations, October 20, 2021
 
 
Order denying class certification, February 15, 2022
 
 
Plaintiffs’ notice re not refiling class cert motion, March 15, 2022
 
 
Order for status update, June 21, 2022
 
 
Joint status report with proposed schedule, June 29, 2022
 
 
Scheduling order, July 5, 2022
 
 
7/25, 8/19, 9/9, 9/23
 
Plaintiffs’ motion for summary judgment, and memo, July 25, 2022
 
 
 
[]
 
US memo supporting cross-motion, August 19, 2022
 
 
Deanda opposition/reply, September 30, 2022
 
 
US cross-motion reply, October 28, 2022
 
 
Opinion and order, December 8, 2022
 
 
US proposed final judgment, December 15, 2022
 
 
Plaintiffs’ proposed final judgment, December 15, 2022
 
 
US motion to strike plaintiffs’ proposed final judgment, December 20, 2022
 
 
Final judgment, December 20, 2022
 
 
Order requiring response, December 20, 2022
 
 
Deanda response re final judgment, December 22, 2022, refiled December 23
 
 
 
US reply, December 23, 2022
 
 
Order refusing to modify final judgment, January 4, 2023
 
 
US notice of appeal, February 16, 2023
 
 
Fifth Circuit # 23-10159
 
 
 
==

WASHINGTON

State of Washington v. Azar, No. 1:19-cv-3040 (E.D. Wash)

Complaint, March 5, 2019

Wash v Azar Title X complaint

Unopposed consolidation motion, March 18, 2019

WvA motion to consolidate

Consolidation and expedition order, March 18, 2019

WvA consolidation expedition order

State’s motion for preliminary injunction with proposed order, March 22, 2019

WvA pi mo and proposed order

Eastlund declaration

Harris declaration

Khattar declaration

Kimelman declaration

Marsalli declaration

Schumacher declaration

Beneski declaration, with attachments

Amicus brief Am Academy of Pediatrics, April ? 9, 2019

Am Academy Pediatrics amicus

Amicus brief Inst Policy Integrity, April ? 10, 2019

Institute for Policy Integrity amicus

Amicus brief Ohio, April ? 12, 2019

Ohio amicus

US opposition to motion for preliminary injunction, April 12, 2019

US op to PI

Private plaintiffs’ preliminary injunction reply, April 19, 2019

private plaintiffs PI reply

State’s preliminary injunction reply, April 19, 2019

state’s PI reply

Order for preliminary injunction, April 25, 2019

Order for PI

Defendants’ notice re conscience regulations, May 2, 2019

Defendants’ notice re conscience regs

Notice of appeal, May 3, 2019

Notice of appeal

Motion to stay pending appeal, with affidavit and proposed order, May 3, 2019

Motion to stay pending appeal

Motion to expedite hearing on motion to stay, May 3, 2019

Motion to expedite hearing on motion to stay

Errata: Johnson declaration, proposed order, May 4, 2019

Notice of errata

Johnson declaration

Proposed stay order

Ninth Circuit # 19-35394

Response to motion to expedite, May 6, 2019

Response to motion to expedite

05/07/2019 66 TEXT ORDER: Defendants’ Motion to Expedite, ECF No. 59 , is DENIED. The hearing set for May 10, 2019 on Defendant’s Motion to Stay, ECF No. 58 , is continued to May 23, 2019. The deadline for filing Plaintiffs’ response to Defendant’s Motion to Stay is May 17, 2019. The deadline for any reply is May 22, 2019. Signed by Judge Stanley A Bastian. Text entry; no PDF document will issue. This text-only entry constitutes the court order on the matter. (LR, Case Administrator) (Entered: 05/07/2019)

US motion to stay (Ninth Circuit), May 13, 2019

9C Washington v. Azar US mo to stay

Response to motion to stay (State), May 17, 2019

Wash v Azar state stay op

Response to motion to stay (private), May 17, 2019

Wash v Azar private stay op

Reply supporting motion to stay, May 21, 2019

Wash v Azar stay reply

Motion to stay trial court proceedings pending 9C appeal, May 24, 2019

Wash v Azar motion to stay

US opening brief, May 31, 2019

9C US opening brief

Order denying motion to stay pending appeal, June 3, 2019

Wash v Azar order denying motion to stay

Private opposition to motion to stay trial court proceedings, June 7, 2019

Wash v Azar private stay of trial court proceedings op

State opposition to motion to stay trial court proceedings pending appeal, June 7, 2019

Wash v. Azar state op to motion to stay trial court proceedings

Ohio amicus, June 7, 2019

9C Ohio amicus (Washington)

Americans United for Life amicus, June 7, 2019

9C Americans United for Life amicus (Washington)

Susan B. Anthony List amicus, June 7, 2019

9C Susan B Anthony List amicus (Washington)

Notice re Obria, June 13, 2019

US notice re Obria

Order denying stay of trial court proceedings, June 14, 2019

Order denying stay of E Wa trial court proceedings

Ninth Circuit order granting stay pending appeal, June 20, 2019

9C order granting stay pending appeal

Emergency motion, and addendum, June 20, 2019

Document 36

Document 37

Opposition to emergency motion, June 21, 2019

Document 38

Emergency motion for reconsideration, June 24, 2019

9C emergency recon

Ninth Circuit scheduling order, June 25, 2019, see other cases above

Document 44

Ninth Circuit state’s answering brief, June 28, 2019

9C Washington answering brief

Ninth Circuit private answering brief, June 28, 2019

9C 15394 private answering brief

US reply brief, July 19, 2019

Document 70

Joint scheduling proposal, August 12, 2019

WA v Azar joint scheduling proposal

[For Ninth Circuit order 8/16, see Oregon]

US motion to dismiss, October 7, 2019

US motion to dismiss

State opposition to motion to dismiss, November 20, 2019

State op to mo dism

Exhibits

Private opposition to motion to dismiss, November 20, 2019

Private op to mo dism

Exhibits

US reply supporting motion, January 10, 2020

US sj reply 1 10 20

Susan B Anthony List motion and amicus, January 23, 2020

SBA motion for leave

Susan B Anthony List amicus

State reply, February 3, 2020

Wash xsj reply

Private reply, February 3, 2020

Private xsj reply

For Ninth Circuit opinion, see the Northern California appeal

Order striking hearing and ordering briefing, February 24, 2020

Order striking hearing and setting briefing

Parties’ plan for further briefing, March 5, 2020

Joint statement re future proceedings

03/06/2020 148 TEXT ORDER – Pursuant to the request of the parties, ECF No. 147 , the Court holds the above-captioned case in abeyance, pending any further appellate review of the Ninth Circuits February 24, 2020 decision. The parties are directed to file a joint status report on or before June 5, 2020. For court docket management purposes only, Defendants Motion to Dismiss for Failure to State a Claim, or in the Alternative, for Summary Judgment, ECF No. 112 , and Plaintiffs Cross-Motions for Summary Judgment, ECF Nos. 118 and 121 , are STRICKEN, with leave to renew. The District Court Executive is directed to set a case management deadline. Signed by Judge Stanley A. Bastian. Text entry; no PDF document will issue. This text-only entry constitutes the court order on the matter. (LR, Case Administrator) (Entered: 03/06/2020)

Joint status report, June 5, 2020

joint status report 6 5 20

Joint status report order, June 22, 2020

Wash v Azar joint status 6 22 20

Cert petition, 20-429

20201001132138922_AMA et al. — Cert. Petition FINAL

Status report, October 9, 2020

WAvT T10 status 10 9 20

Order continuing abeyance, October 19, 2020

WA abeyance contin order 10 19 20

US request for extension to respond to cert petition, October 23, 2020

20201023122407339_Extension Letter 20-429

Oregon et al brief, November 4, 2020

20201106160015291_20-429 State Resps in Support of Petition-FINAL

US cert response, December 4, 2020

20201204165604895_20-429 and 20-539 Opp

Plaintiffs’ reply, December 22, 2020

20201222130201273_20-429 cert. reply

Dec 23 2020 DISTRIBUTED for Conference of 1/8/2021.

[]

Feb 22 2021 Petition GRANTED. The petitions for writs of certiorari in Nos. 20-454 and 20-539 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
   
Feb 22 2021 Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 20-429. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-429. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”

Joint status report, March 8, 2021

WAvT Title X joint status 3 8 21

Continued abeyance order, March 9, 2021

WA v. Azar Title X continued abeyance 3 9 21

Joint stipulation to dismiss, March 12, 2021

20210312173545229_20-429 and 20-539 – AMA v. Cochran – Oregon v. Cochran – Stipulation to Dismiss

American Ass’n of Pro-Life Ob’s and Gyn’s motion to interevene or present oral argument in Supreme Court case, March 12, 2021

20210312142720890_20-429 Motion to Intervene of The American Association of Pro-Life Obstetricians Gynecologists

AAPLObGyn’s motion for leave to file supplemental brief, and supplemental brief, March 15, 2021

20210315161031026_20-429 Motion for leave to file a supplement brief in support of intervention and proposed supplemental brief_FINAL

Ohio et al motion for leave to file supplemental brief, and supplemental brief, March 15, 2021

20210315162546294_Motion for Leave to File Supp Brief

US opposition to motions to intervene, March 18, 2021

20210318164758577_20-429 et al. American Medical Assn et al. Govt Opp to Motions to Intervene

State petitioners’ opposition to motions to intervene, March 18, 2021

20210318191449392_20-539 States of Oregon et al Opposition to Motions to Intervene.Final

AMA, et al, opposition to motions to intervene, March 18, 2021

20210318192845954_20-429 and 20-454 – AMA v. Cochran – Opposition to Motions to Intervene

Ohio supplemental filing and motion for leave to file, March 19, 2021

20210319081851347_SCOTUS Motion for Leave to File Supp Brief re Intervention

Joint status report, June 1, 2021

WA v T joint status 6 1

06/02/2021 162 TEXT ORDER: Pursuant to the parties’ Joint Status Report Pursuant to the Court’s March 9, 2021 Order, ECF No. 161 , the parties shall file a status report on or before June 11, 2021 to update the Court on the status of and anticipated next steps in these matters. Signed by Chief Judge Stanley A. Bastian. Text entry; no PDF document will issue. This text-only entry constitutes the court order on the matter. (CLP, Case Administrator) (Entered: 06/02/2021)

Joint status report, June 11, 2021

WAvT joint status 6 11 21

Stipulation for dismissal without prejudice, June 11, 2021

WAvT stip vol dism w o prej

Order dismissing case without prejudice, June 11, 2021

WAvT dism w o prej order

National Family Planning & Reproductive Health Ass’n v. Azar, No. 1:19-cv-3045 (E.D. Wash.)

Complaint, March 5, 2019

NFP RH A v. Azar Complaint

Motion for preliminary injunction, with proposed order, March 22, 2019, filed in 3040

NF PI mo

Coleman declaration

Kost declaration

Cantrell declaration

Adams declaration

Kruse declaration

Madden declaration

Maisen declaration

Prager declaration

For further proceedings, see 3040

History of the Title X regulations

[]

Rust v. Sullivan, 500 U.S. 173 (1991)

Rust v Sullivan

Presidential Memorandum, The Title X “Gag Rule,” Jan. 22, 1993, reprinted at 58 Fed. Reg. 7455 (Feb. 5, 1993)

20210222072730

Public Health Service, “Standards of Compliance for Abortion-Related Services in Family Planning Service Projects,” interim rule: suspension of effectiveness, 58 Fed. Reg. 7462 (Feb. 5, 1993)

20210222072757

HHS, Standards of Compliance for Abortion-Related Services in Family Planning Services Projects, 65 Fed. Reg. 41,270 (July 3, 2000)

00-16758

DHHS, “Compliance With Statutory Program Integrity Requirements,” 84 Fed. Reg. 7714 (March 4, 2019)

2019-03461

Fact sheet, January 28, 2021

FACT SHEET 1 28 21

DHHS, Ensuring Access to Equitable, Affordable, Client-Centered, Quality Family Planning Services, 86 Fed. Reg. 19,812 (April 15, 2021)

2021-07762-2

non Federal Register version, 4/14/2021

2021-07762

DHHS, Ensuring Access to Equitable, Affordable, Client-Centered, Quality Family Planning Services, 86] Fed. Reg. 56,144 (October 7, 2021)

2021-21542-1

Non-Federal Register version, 10/4/2021

2021-21542

==========

Ohio v. Becerra, No. 1:21-cv-675 (S.D. Ohio, filed October 25, 2021)

Complaint

Ohio v Becerra complaint

Motion for preliminary injunction, October 25, 2021

Ohio v. Becerra PI mo

10/28/2021   MINUTE ENTRY AND NOTATION ORDER: This civil action came before the Court for an informal conference by telephone pursuant to Local Rule 65 on 10/28/2021 at 4:30 p.m. Benjamin Flowers and Stephen Carney appeared on behalf of all Plaintiffs. Charlie Merritt and Michael Clendenen appeared on behalf of all Defendants. The parties jointly proposed a briefing schedule on Plaintiffs’ Motion for a Preliminary Injunction (Doc. 2 ) that the Court hereby ADOPTS. Accordingly, amicus briefs supporting the motion, if any, are due 11/15/2021. Defendants’ response in opposition to Plaintiffs’ motion is due 11/22/2021. Amicus briefs opposing the motion, if any, are due 11/29/2021. Plaintiffs’ reply memo is due 12/6/2021. If the Court determines oral argument will be useful, a hearing will be set for 12/7/2021. The parties represented to the Court that producing a complete administrative record would not be necessary or feasible in the time allotted to decide this motion. The parties SHALL jointly file a stipulation to that effect, explaining their reasoning, by 11/1/2021. The parties are otherwise instructed to provide their evidence as attachments to their briefing; the Court wishes to avoid an evidentiary hearing. The Court will rule expeditiously. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 10/28/2021. (Entered: 11/01/2021)

States’ amicus, November 15, 2021

Ohio v Becerra states amicus 11 15

US opposition to preliminary injunction, November 22, 2021

Ohio v Becerra US PI op

National Family Planning amicus, November 29/30, 2021

Ohio Title X family planning amicus

California amicus, December 2, 2021

Ohio Title X California amicus 12 2

Ohio reply supporting preliminary injunction, December 3, 2021

Ohio Title X Ohio PI reply 12 3

Unopposed US motion for extension of time to answer, December 16, 2021

Ohio v Becerra unop xt answer 12 16

Order denying preliminary injunction, December 29, 2021

Ohio Title X order denying PI 12 29

Ohio notice of appeal, December 30, 2021

Ohio Title X noa 12 30

Ohio motion for injunction pending appeal, December 30, 2021

Ohio Title X mo ipa 12 30

Sixth Circuit # 21-4235

01/03/2022   NOTATION ORDER: This civil action is before the Court on Plaintiffs’ Motion for Injunction Pending Appeal. (Doc. 52 ). The Court considers substantially the same factors on a motion for injunction pending appeal under Federal Rule of Civil Procedure 62(d) as it does on a motion for a preliminary injunction under Rule 65. Accordingly, for the reasons fully developed in the Court’s Order denying a preliminary injunction, (Doc. 50 ), Plaintiffs’ Motion for Injunction Pending Appeal is DENIED. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 1/3/2022. (rrs) (Entered: 01/03/2022)

Ohio injunction pending appeal motion, January 4, 2022

6C Ohio Title X ipa mo 1 4

Montana amicus supporting injunction pending appeal, January 12, 2022

6C Montana amicus 1 12

California amicus, January 14, 2022

6C Calif amicus 1 14

Planned Parenthood amicus, January 14, 2022

6C Planned Parenthood amicus 1 14

US opposition to injunction pending appeal, January 14, 2022

6C US ipa op 1 14

Ohio reply supporting injunction pending appeal, January 20, 2022

6C Ohio ipa reply 1 20

American Ass’n of Pro-Life Obstetricians amicus, with request, January 20, 2022

6C AAPLO amicus request 1 20

6C AAPLO amicus 1 20

National Family Planning amicus, with request, January 21, 2022

6C Natl FP amicus request 1 21

6C Natl FP amicus 1 21

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Joint motion to stay trial court proceedings, January 25, 2022

7908387-0–7785

Order denying stay pending appeal, February 8, 2022

6C Ohio v. Becerra order denying stay 2 8

Appellants’ brief, February 22, 2022

6C Ohio Title X ob 2 22

Montana amicus, February 28, 2022

6C MT amicus 2 28

Americans United for Life amicus, March 1, 2022

6C Am United for Life amicus 3 1

US appellee brief, March 24/25, 2022

6C OH Title X US appellee br 3 25

US notice re grants, March 29, 2022

6C US notice re grants 3 29

Planned Parenthood amicus, March 31, 2022

6C PP amicus 3 31

Plaintiffs’ request for judicial notice re grants, March 31, 2022

6C pltf rq judicial notice grants 3 31

California, New York et al amicus, March 31, 2022

6C CA NY amicus 3 31

National Family Planning & Reproductive Health amicus, March 31, 2022

6C Natl FP RH amicus 3 31

Ohio reply brief, April 11, 2022

6C OH Title X reply br 4 11

Oral argument, October 27, 2022

6C OA note 10 27

US letter re not using Title X funds for travel for abortions, November 10, 2022

6C US letter re travel 11 10 22