Case: SisterSong Women of Color Reproductive Justice Collective v. Kemp

1:19-cv-02973 | U.S. District Court for the Northern District of Georgia

Filed Date: June 28, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

The ACLU, the ACLU of Georgia, the Center for Reproductive Rights, and Planned Parenthood filed this suit on June 28, 2019, challenging an imminent Georgia law banning abortions as early as six weeks into pregnancy. The plaintiffs, which also included health care providers and their patients, filed in the U.S. District Court for the Northern District of Georgia, Atlanta Division, against the Georgia state governor, attorney general, health officials, and district attorneys. On due process groun…

The ACLU, the ACLU of Georgia, the Center for Reproductive Rights, and Planned Parenthood filed this suit on June 28, 2019, challenging an imminent Georgia law banning abortions as early as six weeks into pregnancy. The plaintiffs, which also included health care providers and their patients, filed in the U.S. District Court for the Northern District of Georgia, Atlanta Division, against the Georgia state governor, attorney general, health officials, and district attorneys. On due process grounds, the plaintiffs sought to enjoin the state government officials from enforcing the bill, H.B. 481 (a.k.a. the LIFE Act), a declaration from the court that the bill violated the Fourteenth Amendment, and reasonable attorneys’ fees. The case was assigned to Judge Steve C. Jones.

On October 1, 2019, the court granted Plaintiffs’ motion for a preliminary injunction. 410 F. Supp. 3d 1327. The court agreed that Plaintiffs were likely to show that H.B. 481 violated Georgians’ right to privacy and liberty under the Fourteenth Amendment, based on the relaxed standard for facial challenges to abortion laws under Planned Parenthood v. Casey. The court also noted that it was bound by the clear precedent of higher courts, particularly Roe v. Wade and Casey. The court further agreed that the bill was unconstitutionally vague, permitting arbitrary or discriminatory enforcement. Because an injunction would preserve the status quo, the court found that an injunction was clearly in the public interest.

Discovery took place over four months, after which both parties moved for summary judgment. On July 13, 2020, the court granted the plaintiffs’ motion for summary judgment, issuing a permanent injunction from enforcement of H.B. 481 and declaring the law unconstitutional. 472 F. Supp. 3d 1297. In so doing, the court expanded on its reasoning from the order granting a preliminary injunction. Because they contradicted clear Supreme Court precedent (Roe v. Wade, Casey, and their progeny), the court found illegal H.B. 481’s pre-viability abortion ban as well as the bill’s redefinition of “natural person” throughout the entire Georgia Code. The court also invalidated the bill on grounds that it was overbroad, and because the unconstitutional statutory definitions permeated the entire bill, the court declined to sever any portions of H.B. 481. Attorneys’ fees were to be determined after the conclusion of the anticipated appeal.

The defendants appealed the decision. On September 27, 2021, the Court of Appeals for the Eleventh Circuit decided to stay the case pending the decision in the Supreme Court case, Dobbs v. Jackson Women's Health Organization. After Dobbs deemed that abortion was not a constitutionally protected right, the appellate court issued a ruling on July 20, 2022 and vacated the injunction, reversed the judgment in favor of the plaintiff, and remanded the case with instructions to enter judgment in favor of the state officials. On October 21, 2022, the trial court issued an order making the mandate of the appellate decision the judgment of the trial court. The trial court then denied Plaintiffs' motion for summary judgment and granted the motion for summary judgment filed by the defendants, thereby terminating the case.

Summary Authors

Achutha Raman (2/4/2022)

Kathleen Lok (10/25/2022)

Related Cases

Jackson Women's Health Organization v. Dobbs, Southern District of Mississippi (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15892112/parties/sistersong-women-of-color-reproductive-justice-collective-v-kemp/


Judge(s)
Attorney for Plaintiff

Amiri, Brigitte (Georgia)

Camp, Susan Talcott (Georgia)

Attorney for Defendant

Bauer, S. Derek (Georgia)

Begakis, Steven Christopher (Georgia)

Byrnside, Ian Kyle (Georgia)

Documents in the Clearinghouse

Documents in this case
1

1:19-cv-02973

Verified Complaint for Declaratory and Injunctive Relief

June 28, 2019

June 28, 2019

Complaint
97

1:19-cv-02973

Order

Oct. 1, 2019

Oct. 1, 2019

Order/Opinion

410 F.Supp.3d 1327

149

1:19-cv-02973

Order

July 13, 2020

July 13, 2020

Order/Opinion

472 F.Supp.3d 1297

161

1:19-cv-02973

20-13024

USCA Opinion of the Court

U.S. Court of Appeals for the Eleventh Circuit

July 20, 2022

July 20, 2022

Order/Opinion

40 F.4th 1320

Resources

Resources related to this case
Title Description External URL Date / External URL

SisterSong v. Kemp

ACLU

This is the ACLU's case description of SisterSong v. Kemp. September 2021

Sept. 1, 2021

https://www.aclu.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15892112/sistersong-women-of-color-reproductive-justice-collective-v-kemp/

Last updated March 18, 2026, 5:14 a.m.

ECF Number Date Description Link
1 June 28, 2019

COMPLAINT for Declaratory and Injunctive Relief (Filing fee $400, receipt number AGANDC-8761556) filed by Atlanta Comprehensive Wellness Clinic, SisterSong Women of Color Reproductive Justice Collective, Carrie Cwiak, Summit Medical Associates, P.C., Columbus Women's Health Organization, P.C., Lisa Haddad, FemHealth USA, Eva Lathrop, Feminist Women's Health Center, Atlanta Women's Medical Center, Planned Parenthood Southeast, Inc.. (Attachments: # 1 Civil Cover Sheet)(rjs) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 06/28/2019)

1 Civil Cover Sheet

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Clearinghouse
2 June 28, 2019

Certificate of Interested Persons and Corporate Disclosure Statement by Atlanta Comprehensive Wellness Clinic, Atlanta Women's Medical Center, Columbus Women's Health Organization, P.C., Carrie Cwiak, FemHealth USA, Feminist Women's Health Center, Lisa Haddad, Eva Lathrop, Planned Parenthood Southeast, Inc., SisterSong Women of Color Reproductive Justice Collective, Summit Medical Associates, P.C. identifying Corporate Parent Ninepatch for Atlanta Comprehensive Wellness Clinic; Corporate Parent Humedco Corp. for Atlanta Women's Medical Center. (Young, Sean) (Entered: 06/28/2019)

RECAP
3 June 28, 2019

Electronic Summons Issued as to John S. Antalis, Sherry Boston, Christopher M. Carr, Gretchen Collins, Debi Dalton, E. Daniel DeLoach, Charmaine Faucher, Michael Fowler, Sr., Alexander S. Gross, Thomas Hardin, Jr., Meg Heap, Paul L. Howard, Jr., LaSharn Hughes, Brian Kemp, Rob Law, John Melvin, Matthew W. Norman, Danny Porter, Andrew Reisman, David W. Retterbush, Joe Sam Robinson, Barby J. Simmons, Julia Slater, Kathleen Toomey, Richard L. Weil. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Summons, # 21 Summons, # 22 Summons, # 23 Summons, # 24 Summons)(rjs) (Entered: 06/28/2019)

RECAP
4 June 28, 2019

APPLICATION for Admission of Julie Rikelman Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8763509). Documents for this entry are not available for viewing outside the courthouse.by Columbus Women's Health Organization, P.C., Feminist Women's Health Center. (Young, Sean) (Entered: 06/28/2019)

RECAP
5 June 28, 2019

APPLICATION for Admission of Kirby Tyrrell Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8763565). Documents for this entry are not available for viewing outside the courthouse.by Columbus Women's Health Organization, P.C., Feminist Women's Health Center. (Young, Sean) (Entered: 06/28/2019)

RECAP
6 June 28, 2019

APPLICATION for Admission of Emily Nestler Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8763599). Documents for this entry are not available for viewing outside the courthouse.by Columbus Women's Health Organization, P.C., Feminist Women's Health Center. (Young, Sean) (Entered: 06/28/2019)

RECAP
7 June 28, 2019

APPLICATION for Admission of Carrie Y. Flaxman Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8763574). Documents for this entry are not available for viewing outside the courthouse.by Planned Parenthood Southeast, Inc.. (Young, Sean) (Entered: 06/28/2019)

RECAP
8 June 28, 2019

APPLICATION for Admission of Susan Lambiase Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8763638). Documents for this entry are not available for viewing outside the courthouse.by Planned Parenthood Southeast, Inc.. (Young, Sean) (Entered: 06/28/2019)

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9 June 28, 2019

APPLICATION for Admission of Susan Lambiase Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.by Planned Parenthood Southeast, Inc.. (Young, Sean) (Entered: 06/28/2019)

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June 28, 2019

Submission of 1 Complaint for Declaratory and Injunctive Relief to District Judge Steve C. Jones. (rjs)

July 5, 2019

RETURN of 9 APPLICATION for Admission of Susan Lambiase Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: duplicate. (pmb)

July 5, 2019

RETURN of 8 APPLICATION for Admission of Susan Lambiase Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8763638). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: petitioner's address. (pmb)

July 5, 2019

RETURN of 7 APPLICATION for Admission of Carrie Y. Flaxman Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8763574). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: petitioner's address. (pmb)

July 5, 2019

APPROVAL by Clerks Office re: 6 APPLICATION for Admission of Emily Nestler Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8763599). Documents for this entry are not available for viewing outside the courthouse.. Attorney Emily B. Nestler added appearing on behalf of Columbus Women's Health Organization, P.C., Feminist Women's Health Center (pmb)

10 July 8, 2019

PROPOSED SUMMONS filed by Atlanta Comprehensive Wellness Clinic, Atlanta Women's Medical Center, Columbus Women's Health Organization, P.C., Carrie Cwiak, FemHealth USA, Feminist Women's Health Center, Lisa Haddad, Eva Lathrop, Planned Parenthood Southeast, Inc., SisterSong Women of Color Reproductive Justice Collective, Summit Medical Associates, P.C. Joyette Holmes, new Cobb County District Attorney (Young, Sean) (Entered: 07/08/2019)

RECAP
July 8, 2019

APPROVAL by Clerks Office re: 5 APPLICATION for Admission of Kirby Tyrrell Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8763565). Documents for this entry are not available for viewing outside the courthouse.. Attorney Kirby Tyrrell added appearing on behalf of Columbus Women's Health Organization, P.C., Feminist Women's Health Center (pmb)

July 8, 2019

APPROVAL by Clerks Office re: 4 APPLICATION for Admission of Julie Rikelman Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8763509). Documents for this entry are not available for viewing outside the courthouse.. Attorney Julie Rikelman added appearing on behalf of Columbus Women's Health Organization, P.C., Feminist Women's Health Center (pmb)

11 July 9, 2019

APPLICATION for Admission of Carrie Y. Flaxman Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.by Planned Parenthood Southeast, Inc.. (Young, Sean) (Entered: 07/09/2019)

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12 July 9, 2019

APPLICATION for Admission of Susan Lambiase Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.by Planned Parenthood Southeast, Inc.. (Young, Sean) (Entered: 07/09/2019)

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13 July 9, 2019

ORDER granting 4 Application for Admission Pro Hac Vice for Julie Rikelman. Signed by Judge Steve C. Jones on 7/9/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 07/09/2019)

RECAP
14 July 9, 2019

ORDER granting 5 Application for Admission Pro Hac Vice for Kirby Tyrrell. Signed by Judge Steve C. Jones on 7/9/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 07/09/2019)

RECAP
15 July 9, 2019

ORDER granting 6 Application for Admission Pro Hac Vice for Emily Nestler. Signed by Judge Steve C. Jones on 7/9/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 07/09/2019)

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16 July 9, 2019

Electronic Summons Issued as to Joyette Holmes. (rjs) (Entered: 07/09/2019)

RECAP
July 9, 2019

Clerk's Certificate of Mailing to Kirby Tyrrell re 14 Order on Application for Admission PHV. (rjs)

July 9, 2019

Clerk's Certificate of Mailing to Julie Rikelman re 13 Order on Application for Admission PHV. (rjs)

July 12, 2019

APPROVAL by Clerks Office re: 11 APPLICATION for Admission of Carrie Y. Flaxman Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.. Attorney Sean Young added appearing on behalf of Atlanta Comprehensive Wellness Clinic (jkm)

July 12, 2019

APPROVAL by Clerks Office re: 12 APPLICATION for Admission of Susan Lambiase Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.. Attorney Sean Young added appearing on behalf of Planned Parenthood Southeast, Inc. (jkm)

17 July 15, 2019

ORDER granting 11 Application for Admission Pro Hac Vice for Carrie Y. Flaxman. Signed by Judge Steve C. Jones on 7/15/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 07/15/2019)

RECAP
18 July 15, 2019

ORDER granting 12 Application for Admission Pro Hac Vice for Susan Lambiase. Signed by Judge Steve C. Jones on 7/15/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 07/15/2019)

RECAP
July 15, 2019

Clerk's Certificate of Mailing to Susan Lambiase re 18 Order on Application for Admission PHV. (rjs)

July 15, 2019

Clerk's Certificate of Mailing to Carrie Y. Flaxman re 17 Order on Application for Admission PHV. (rjs)

19 July 18, 2019

APPLICATION for Admission of Elizabeth Karin Watson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8803923). Documents for this entry are not available for viewing outside the courthouse.by Atlanta Comprehensive Wellness Clinic, Atlanta Women's Medical Center, Carrie Cwiak, FemHealth USA, Lisa Haddad, Eva Lathrop, SisterSong Women of Color Reproductive Justice Collective, Summit Medical Associates, P.C.. (Young, Sean) (Entered: 07/18/2019)

RECAP
20 July 18, 2019

APPLICATION for Admission of Rebecca Ann Chan Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8803939). Documents for this entry are not available for viewing outside the courthouse.by Atlanta Comprehensive Wellness Clinic, Atlanta Women's Medical Center, Carrie Cwiak, FemHealth USA, Lisa Haddad, Eva Lathrop, SisterSong Women of Color Reproductive Justice Collective, Summit Medical Associates, P.C.. (Young, Sean) (Entered: 07/18/2019)

RECAP
21 July 18, 2019

APPLICATION for Admission of Susan Talcott Camp Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8803948). Documents for this entry are not available for viewing outside the courthouse.by Atlanta Comprehensive Wellness Clinic, Atlanta Women's Medical Center, Carrie Cwiak, FemHealth USA, Lisa Haddad, Eva Lathrop, SisterSong Women of Color Reproductive Justice Collective, Summit Medical Associates, P.C.. (Young, Sean) (Entered: 07/18/2019)

RECAP
22 July 19, 2019

Return of Service Executed by Atlanta Comprehensive Wellness Clinic, SisterSong Women of Color Reproductive Justice Collective, Carrie Cwiak, Summit Medical Associates, P.C., Columbus Women's Health Organization, P.C., Lisa Haddad, FemHealth USA, Eva Lathrop, Feminist Women's Health Center, Atlanta Women's Medical Center, Planned Parenthood Southeast, Inc.. Brian Kemp served on 7/10/2019, answer due 7/31/2019. (Young, Sean) (Entered: 07/19/2019)

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23 July 19, 2019

Return of Service Executed by Atlanta Comprehensive Wellness Clinic, SisterSong Women of Color Reproductive Justice Collective, Carrie Cwiak, Summit Medical Associates, P.C., Columbus Women's Health Organization, P.C., Lisa Haddad, FemHealth USA, Eva Lathrop, Feminist Women's Health Center, Atlanta Women's Medical Center, Planned Parenthood Southeast, Inc.. Christopher M. Carr served on 7/10/2019, answer due 7/31/2019. (Young, Sean) (Entered: 07/19/2019)

RECAP
24 July 23, 2019

MOTION for Preliminary Injunction with Brief In Support by Atlanta Comprehensive Wellness Clinic, Atlanta Women's Medical Center, Columbus Women's Health Organization, P.C., Carrie Cwiak, FemHealth USA, Feminist Women's Health Center, Lisa Haddad, Eva Lathrop, Planned Parenthood Southeast, Inc., SisterSong Women of Color Reproductive Justice Collective, Summit Medical Associates, P.C.. (Attachments: # 1 Brief in Support of Pls.' Mot. for Prelin. Inj., # 2 Declaration of Sean J. Young, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Text of Proposed Order)(Young, Sean) (Entered: 07/23/2019)

1 Brief in Support of Pls.' Mot. for Prelin. Inj.

View on PACER

2 Declaration of Sean J. Young

View on PACER

3 Exhibit A

View on PACER

4 Exhibit B

View on PACER

5 Exhibit C

View on PACER

6 Exhibit D

View on PACER

7 Exhibit E

View on PACER

8 Exhibit F

View on PACER

9 Text of Proposed Order

View on PACER

RECAP
25 July 24, 2019

ORDER re 24 MOTION for Preliminary Injunction: Defendants who wish to file a response brief shall do so by Monday, August 12, 2019. Plaintiffs' reply brief is due by Thursday, August 29, 2019. The Court will hold a hearing on Plaintiffs' Motion for Preliminary Injunction on Wednesday, September 18, 2019, at 10:00 a.m. in Courtroom 1907. As no entry of appearance has yet been made by or on behalf of Defendants, counsel for Plaintiffs is directed to serve Defendant with notice of this proceeding. Signed by Judge Steve C. Jones on 7/24/2019. (rjs) (Entered: 07/24/2019)

RECAP
July 24, 2019

RETURN of 19 APPLICATION for Admission of Elizabeth Karin Watson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8803923). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: local counsel. (pmb)

July 24, 2019

RETURN of 21 APPLICATION for Admission of Susan Talcott Camp Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8803948). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: local counsel. (pmb)

July 24, 2019

RETURN of 20 APPLICATION for Admission of Rebecca Ann Chan Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8803939). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: local counsel. (pmb)

26 July 30, 2019

Return of Service Executed by Atlanta Comprehensive Wellness Clinic, SisterSong Women of Color Reproductive Justice Collective, Carrie Cwiak, Summit Medical Associates, P.C., Columbus Women's Health Organization, P.C., Lisa Haddad, FemHealth USA, Eva Lathrop, Feminist Women's Health Center, Atlanta Women's Medical Center, Planned Parenthood Southeast, Inc.. Kathleen Toomey served on 7/25/2019, answer due 8/15/2019. (Young, Sean) (Entered: 07/30/2019)

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27 July 30, 2019

Return of Service Executed by Atlanta Comprehensive Wellness Clinic, SisterSong Women of Color Reproductive Justice Collective, Carrie Cwiak, Summit Medical Associates, P.C., Columbus Women's Health Organization, P.C., Lisa Haddad, FemHealth USA, Eva Lathrop, Feminist Women's Health Center, Atlanta Women's Medical Center, Planned Parenthood Southeast, Inc.. Paul L. Howard, Jr served on 7/25/2019, answer due 8/15/2019. (Young, Sean) (Entered: 07/30/2019)

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28 July 30, 2019

Return of Service Executed by Atlanta Comprehensive Wellness Clinic, SisterSong Women of Color Reproductive Justice Collective, Carrie Cwiak, Summit Medical Associates, P.C., Columbus Women's Health Organization, P.C., Lisa Haddad, FemHealth USA, Eva Lathrop, Feminist Women's Health Center, Atlanta Women's Medical Center, Planned Parenthood Southeast, Inc.. John Melvin served on 7/25/2019, answer due 8/15/2019. (Young, Sean) (Entered: 07/30/2019)

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29 July 30, 2019

Return of Service Executed by Atlanta Comprehensive Wellness Clinic, SisterSong Women of Color Reproductive Justice Collective, Carrie Cwiak, Summit Medical Associates, P.C., Columbus Women's Health Organization, P.C., Lisa Haddad, FemHealth USA, Eva Lathrop, Feminist Women's Health Center, Atlanta Women's Medical Center, Planned Parenthood Southeast, Inc.. Danny Porter served on 7/25/2019, answer due 8/15/2019. (Young, Sean) (Entered: 07/30/2019)

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30 July 30, 2019

Return of Service Executed by Atlanta Comprehensive Wellness Clinic, SisterSong Women of Color Reproductive Justice Collective, Carrie Cwiak, Summit Medical Associates, P.C., Columbus Women's Health Organization, P.C., Lisa Haddad, FemHealth USA, Eva Lathrop, Feminist Women's Health Center, Atlanta Women's Medical Center, Planned Parenthood Southeast, Inc.. Gretchen Collins served on 7/25/2019, answer due 8/15/2019. (Young, Sean) (Entered: 07/30/2019)

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31 July 30, 2019

Return of Service Executed by Atlanta Comprehensive Wellness Clinic, SisterSong Women of Color Reproductive Justice Collective, Carrie Cwiak, Summit Medical Associates, P.C., Columbus Women's Health Organization, P.C., Lisa Haddad, FemHealth USA, Eva Lathrop, Feminist Women's Health Center, Atlanta Women's Medical Center, Planned Parenthood Southeast, Inc.. Alexander S. Gross served on 7/29/2019, answer due 8/19/2019. (Young, Sean) (Entered: 07/30/2019)

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32 July 30, 2019

Return of Service Executed by Atlanta Comprehensive Wellness Clinic, SisterSong Women of Color Reproductive Justice Collective, Carrie Cwiak, Summit Medical Associates, P.C., Columbus Women's Health Organization, P.C., Lisa Haddad, FemHealth USA, Eva Lathrop, Feminist Women's Health Center, Atlanta Women's Medical Center, Planned Parenthood Southeast, Inc.. Andrew Reisman served on 7/29/2019, answer due 8/19/2019. (Young, Sean) (Entered: 07/30/2019)

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33 July 30, 2019

Return of Service Executed by Atlanta Comprehensive Wellness Clinic, SisterSong Women of Color Reproductive Justice Collective, Carrie Cwiak, Summit Medical Associates, P.C., Columbus Women's Health Organization, P.C., Lisa Haddad, FemHealth USA, Eva Lathrop, Feminist Women's Health Center, Atlanta Women's Medical Center, Planned Parenthood Southeast, Inc.. Charmaine Faucher served on 7/24/2019, answer due 8/14/2019. (Young, Sean) (Entered: 07/30/2019)

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34 July 30, 2019

Return of Service Executed by Atlanta Comprehensive Wellness Clinic, SisterSong Women of Color Reproductive Justice Collective, Carrie Cwiak, Summit Medical Associates, P.C., Columbus Women's Health Organization, P.C., Lisa Haddad, FemHealth USA, Eva Lathrop, Feminist Women's Health Center, Atlanta Women's Medical Center, Planned Parenthood Southeast, Inc.. Rob Law served on 7/24/2019, answer due 8/14/2019. (Young, Sean) (Entered: 07/30/2019)

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35 July 30, 2019

Return of Service Executed by Atlanta Comprehensive Wellness Clinic, SisterSong Women of Color Reproductive Justice Collective, Carrie Cwiak, Summit Medical Associates, P.C., Columbus Women's Health Organization, P.C., Lisa Haddad, FemHealth USA, Eva Lathrop, Feminist Women's Health Center, Atlanta Women's Medical Center, Planned Parenthood Southeast, Inc.. LaSharn Hughes served on 7/25/2019, answer due 8/15/2019. (Young, Sean) (Entered: 07/30/2019)

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36 July 30, 2019

Return of Service Executed by Atlanta Comprehensive Wellness Clinic, SisterSong Women of Color Reproductive Justice Collective, Carrie Cwiak, Summit Medical Associates, P.C., Columbus Women's Health Organization, P.C., Lisa Haddad, FemHealth USA, Eva Lathrop, Feminist Women's Health Center, Atlanta Women's Medical Center, Planned Parenthood Southeast, Inc.. Richard L. Weil served on 7/29/2019, answer due 8/19/2019. (Young, Sean) (Entered: 07/30/2019)

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37 July 30, 2019

Return of Service Unexecuted by Atlanta Comprehensive Wellness Clinic, SisterSong Women of Color Reproductive Justice Collective, Carrie Cwiak, Summit Medical Associates, P.C., Columbus Women's Health Organization, P.C., Lisa Haddad, FemHealth USA, Eva Lathrop, Feminist Women's Health Center, Atlanta Women's Medical Center, Planned Parenthood Southeast, Inc. as to Debi Dalton. (Young, Sean) (Entered: 07/30/2019)

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38 July 30, 2019

Return of Service Unexecuted by Atlanta Comprehensive Wellness Clinic, SisterSong Women of Color Reproductive Justice Collective, Carrie Cwiak, Summit Medical Associates, P.C., Columbus Women's Health Organization, P.C., Lisa Haddad, FemHealth USA, Eva Lathrop, Feminist Women's Health Center, Atlanta Women's Medical Center, Planned Parenthood Southeast, Inc. as to Thomas Hardin, Jr. (Young, Sean) (Entered: 07/30/2019)

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39 July 30, 2019

Return of Service Unexecuted by Atlanta Comprehensive Wellness Clinic, SisterSong Women of Color Reproductive Justice Collective, Carrie Cwiak, Summit Medical Associates, P.C., Columbus Women's Health Organization, P.C., Lisa Haddad, FemHealth USA, Eva Lathrop, Feminist Women's Health Center, Atlanta Women's Medical Center, Planned Parenthood Southeast, Inc. as to Barby J. Simmons. (Young, Sean) (Entered: 07/30/2019)

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40 July 30, 2019

NOTICE of Appearance by Andrew Alan Pinson on behalf of John S. Antalis, Christopher M. Carr, Gretchen Collins, Debi Dalton, E. Daniel DeLoach, Charmaine Faucher, Michael Fowler, Sr, Alexander S. Gross, Thomas Hardin, Jr, LaSharn Hughes, Brian Kemp, Rob Law, Matthew W. Norman, Andrew Reisman, David W. Retterbush, Joe Sam Robinson, Barby J. Simmons, Kathleen Toomey, Richard L. Weil (Pinson, Andrew) (Entered: 07/30/2019)

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41 July 30, 2019

Certificate of Interested Persons by John S. Antalis, Christopher M. Carr, Gretchen Collins, Debi Dalton, E. Daniel DeLoach, Charmaine Faucher, Michael Fowler, Sr, Alexander S. Gross, Thomas Hardin, Jr, LaSharn Hughes, Brian Kemp, Rob Law, Matthew W. Norman, Andrew Reisman, David W. Retterbush, Joe Sam Robinson, Barby J. Simmons, Kathleen Toomey, Richard L. Weil. (Pinson, Andrew) (Entered: 07/30/2019)

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42 July 30, 2019

Unopposed MOTION for Extension of Time file Answer and opposition to Motion for Preliminary Injunction by John S. Antalis, Christopher M. Carr, Gretchen Collins, Debi Dalton, E. Daniel DeLoach, Charmaine Faucher, Michael Fowler, Sr, Alexander S. Gross, Thomas Hardin, Jr, LaSharn Hughes, Brian Kemp, Rob Law, Matthew W. Norman, Andrew Reisman, David W. Retterbush, Joe Sam Robinson, Barby J. Simmons, Kathleen Toomey, Richard L. Weil. (Attachments: # 1 Text of Proposed Order file Answer and opposition to Motion for Preliminary Injunction)(Pinson, Andrew) (Entered: 07/30/2019)

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43 July 30, 2019

APPLICATION for Admission of Elizabeth Karin Watson Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.by Atlanta Comprehensive Wellness Clinic, Atlanta Women's Medical Center, Carrie Cwiak, FemHealth USA, Lisa Haddad, Eva Lathrop, SisterSong Women of Color Reproductive Justice Collective, Summit Medical Associates, P.C.. (Young, Sean) (Entered: 07/30/2019)

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44 July 30, 2019

APPLICATION for Admission of Susan Talcott Camp Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.by Atlanta Comprehensive Wellness Clinic, Atlanta Women's Medical Center, Carrie Cwiak, FemHealth USA, Lisa Haddad, Eva Lathrop, SisterSong Women of Color Reproductive Justice Collective, Summit Medical Associates, P.C.. (Young, Sean) (Entered: 07/30/2019)

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45 July 30, 2019

APPLICATION for Admission of Rebecca Ann Chan Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.by Atlanta Comprehensive Wellness Clinic, Atlanta Women's Medical Center, Carrie Cwiak, FemHealth USA, Lisa Haddad, Eva Lathrop, SisterSong Women of Color Reproductive Justice Collective, Summit Medical Associates, P.C.. (Young, Sean) (Entered: 07/30/2019)

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46 July 30, 2019

ORDER granting 42 Motion for Extension of Time. The deadlines for all Defendants to file Answers or Oppositions to Plaintiffs' motion for preliminary injunction shall be extended to August 19, 2019. Plaintiffs' deadline to reply to the Motion for Preliminary Injunction [Doc. 24] is similarly extended to September 6, 2019. In light of this change, the HEARING on Plaintiffs' Motion for Preliminary Injunction is RESET for MONDAY, SEPTEMBER 23, 2019 at 10:00 AM in Courtroom 1907. Signed by Judge Steve C. Jones on 7/30/2019. (rjs) (Entered: 07/30/2019)

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July 30, 2019

Set Deadlines/Hearings: All Defendants to file Answers August 19, 2019. (rjs)

47 July 31, 2019

CERTIFICATE OF SERVICE re 3 Electronic Summons Issued,,, 25 Order Setting Hearing on Motion,, 1 Complaint,, 24 MOTION for Preliminary Injunction filed by Atlanta Comprehensive Wellness Clinic, Atlanta Women's Medical Center, Columbus Women's Health Organization, P.C., Carrie Cwiak, FemHealth USA, Feminist Women's Health Center, Lisa Haddad, Eva Lathrop, Planned Parenthood Southeast, Inc., SisterSong Women of Color Reproductive Justice Collective, Summit Medical Associates, P.C. re: Defendants Kemp, Carr, Toomey, and the Members and Executive Director of the Georgia Composite Medical Board (Young, Sean) (Entered: 07/31/2019)

RECAP
48 Aug. 1, 2019

Return of Service Unexecuted by Atlanta Comprehensive Wellness Clinic, SisterSong Women of Color Reproductive Justice Collective, Carrie Cwiak, Summit Medical Associates, P.C., Columbus Women's Health Organization, P.C., Lisa Haddad, FemHealth USA, Eva Lathrop, Feminist Women's Health Center, Atlanta Women's Medical Center, Planned Parenthood Southeast, Inc. as to E. Daniel DeLoach. (Young, Sean) (Entered: 08/01/2019)

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49 Aug. 1, 2019

Return of Service Executed by Atlanta Comprehensive Wellness Clinic, SisterSong Women of Color Reproductive Justice Collective, Carrie Cwiak, Summit Medical Associates, P.C., Columbus Women's Health Organization, P.C., Lisa Haddad, FemHealth USA, Eva Lathrop, Feminist Women's Health Center, Atlanta Women's Medical Center, Planned Parenthood Southeast, Inc.. Meg Heap served on 7/31/2019, answer due 8/21/2019. (Young, Sean) (Entered: 08/01/2019)

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50 Aug. 1, 2019

ACKNOWLEDGMENT OF SERVICE Executed filed by Sherry Boston. Sherry Boston served on 8/1/2019, answer due 8/19/2019. (Bauer, S.) (Entered: 08/01/2019)

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51 Aug. 1, 2019

Unopposed MOTION for Extension of Time to File Answer by Sherry Boston. (Attachments: # 1 Text of Proposed Order Granting Unopposed Motion for Extension of Time To Answer Complaint)(Bauer, S.) (Entered: 08/01/2019)

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Aug. 1, 2019

APPROVAL by Clerks Office re: 43 APPLICATION for Admission of Elizabeth Karin Watson Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse. (Application fee $ 150, receipt number AGANDC-8803923). Attorney Sean Young added appearing on behalf of SisterSong Women of Color Reproductive Justice Collective (jkm)

Aug. 1, 2019

APPROVAL by Clerks Office re: 44 APPLICATION for Admission of Susan Talcott Camp Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse. (Application fee $ 150, receipt number AGANDC-8803948). Attorney Sean Young added appearing on behalf of Atlanta Comprehensive Wellness Clinic, et al. (jkm)

Aug. 1, 2019

APPROVAL by Clerks Office re: 45 APPLICATION for Admission of Rebecca Ann Chan Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse. (Application fee $ 150, receipt number AGANDC-8803939).. Attorney Sean Young added appearing on behalf of SisterSong Women of Color Reproductive Justice Collective et al. (jkm)

52 Aug. 2, 2019

ORDER granting 51 Motion for Extension of Time to Answer. The time for Defendant Sherry Boston to file a responsive pleading to Plaintiffs' Complaint is extended to and including September 21, 2019. Signed by Judge Steve C. Jones on 8/2/2019. (rjs) (Entered: 08/02/2019)

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53 Aug. 2, 2019

ORDER granting 45 Application for Admission Pro Hac Vice for Rebecca Ann Chan. Signed by Judge Steve C. Jones on 8/2/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 08/02/2019)

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54 Aug. 2, 2019

ORDER granting 44 Application for Admission Pro Hac Vice for Susan Talcott Camp. Signed by Judge Steve C. Jones on 8/2/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 08/02/2019)

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55 Aug. 2, 2019

ORDER granting 43 Application for Admission Pro Hac Vice for Elizabeth Karin Watson. Signed by Judge Steve C. Jones on 8/2/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 08/02/2019)

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56 Aug. 2, 2019

Return of Service Executed by Atlanta Comprehensive Wellness Clinic, SisterSong Women of Color Reproductive Justice Collective, Carrie Cwiak, Summit Medical Associates, P.C., Columbus Women's Health Organization, P.C., Lisa Haddad, FemHealth USA, Eva Lathrop, Feminist Women's Health Center, Atlanta Women's Medical Center, Planned Parenthood Southeast, Inc.. Julia Slater served on 7/31/2019, answer due 8/21/2019. (Young, Sean) (Entered: 08/02/2019)

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57 Aug. 2, 2019

CERTIFICATE OF SERVICE re 25 Order Setting Hearing on Motion,, filed by Atlanta Comprehensive Wellness Clinic, Atlanta Women's Medical Center, Columbus Women's Health Organization, P.C., Carrie Cwiak, FemHealth USA, Feminist Women's Health Center, Lisa Haddad, Eva Lathrop, Planned Parenthood Southeast, Inc., SisterSong Women of Color Reproductive Justice Collective, Summit Medical Associates, P.C. re: Defendants Melvin, Porter, Heap, Slater, Boston (Young, Sean) (Entered: 08/02/2019)

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Aug. 2, 2019

Clerk's Certificate of Mailing to Elizabeth Karin Watson re 55 Order on Application for Admission PHV. (rjs)

Aug. 2, 2019

Clerk's Certificate of Mailing to Rebecca Ann Chan re 53 Order on Application for Admission PHV. (rjs)

Aug. 2, 2019

Clerk's Certificate of Mailing to Susan Talcott Camp re 54 Order on Application for Admission PHV. (rjs)

58 Aug. 5, 2019

CERTIFICATE OF SERVICE re 25 Order Setting Hearing on Motion,, 1 Complaint,, 46 Order on Motion for Extension of Time,, 24 MOTION for Preliminary Injunction filed by Atlanta Comprehensive Wellness Clinic, Atlanta Women's Medical Center, Columbus Women's Health Organization, P.C., Carrie Cwiak, FemHealth USA, Feminist Women's Health Center, Lisa Haddad, Eva Lathrop, Planned Parenthood Southeast, Inc., SisterSong Women of Color Reproductive Justice Collective, Summit Medical Associates, P.C. re: Julia Slater and Meg Heap (Young, Sean) (Entered: 08/05/2019)

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59 Aug. 5, 2019

NOTICE by Sherry Boston re 52 Order on Motion for Extension of Time to Answer, (Attachments: # 1 Text of Proposed Order)(Bauer, S.) (Entered: 08/05/2019)

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60 Aug. 6, 2019

ORDER granting 51 Motion for Extension of Time to Answer. The time for Defendant Sherry Boston to file a responsive pleading to Plaintiffs' Complaint is extended to and including September 30, 2019. Signed by Judge Steve C. Jones on 8/6/2019. (rjs) (Entered: 08/06/2019)

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61 Aug. 7, 2019

APPLICATION for Admission of Jeffrey Matthew Harris Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8848548). Documents for this entry are not available for viewing outside the courthouse.by John S. Antalis, Christopher M. Carr, Gretchen Collins, Debi Dalton, E. Daniel DeLoach, Charmaine Faucher, Michael Fowler, Sr, Alexander S. Gross, Thomas Hardin, Jr, Meg Heap, LaSharn Hughes, Brian Kemp, Rob Law, Matthew W. Norman, Andrew Reisman, David W. Retterbush, Joe Sam Robinson, Barby J. Simmons, Julia Slater, Kathleen Toomey, Richard L. Weil. (Pinson, Andrew) (Entered: 08/07/2019)

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62 Aug. 7, 2019

APPLICATION for Admission of Patrick Strawbridge Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8848604). Documents for this entry are not available for viewing outside the courthouse.by John S. Antalis, Christopher M. Carr, Gretchen Collins, Debi Dalton, E. Daniel DeLoach, Charmaine Faucher, Michael Fowler, Sr, Alexander S. Gross, Thomas Hardin, Jr, Meg Heap, LaSharn Hughes, Brian Kemp, Rob Law, Matthew W. Norman, Andrew Reisman, David W. Retterbush, Joe Sam Robinson, Barby J. Simmons, Julia Slater, Kathleen Toomey, Richard L. Weil. (Pinson, Andrew) (Entered: 08/07/2019)

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63 Aug. 7, 2019

APPLICATION for Admission of Steven Christopher Begakis Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8848626). Documents for this entry are not available for viewing outside the courthouse.by John S. Antalis, Christopher M. Carr, Gretchen Collins, Debi Dalton, E. Daniel DeLoach, Charmaine Faucher, Michael Fowler, Sr, Alexander S. Gross, Thomas Hardin, Jr, Meg Heap, LaSharn Hughes, Brian Kemp, Rob Law, Matthew W. Norman, Andrew Reisman, David W. Retterbush, Joe Sam Robinson, Barby J. Simmons, Julia Slater, Kathleen Toomey, Richard L. Weil. (Pinson, Andrew) (Entered: 08/07/2019)

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Aug. 12, 2019

RETURN of 63 APPLICATION for Admission of Steven Christopher Begakis Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8848626). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: courts and number. (pmb)

Aug. 12, 2019

APPROVAL by Clerks Office re: 61 APPLICATION for Admission of Jeffrey Matthew Harris Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8848548). Documents for this entry are not available for viewing outside the courthouse.. Attorney Jeffrey Matthew Harris added appearing on behalf of Christopher M. Carr, Brian Kemp (pmb)

Aug. 12, 2019

APPROVAL by Clerks Office re: 62 APPLICATION for Admission of Patrick Strawbridge Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8848604). Documents for this entry are not available for viewing outside the courthouse.. Attorney Patrick Strawbridge added appearing on behalf of Christopher M. Carr, Brian Kemp (pmb)

64 Aug. 13, 2019

APPLICATION for Admission of Steven Christopher Begakis Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.by John S. Antalis, Christopher M. Carr, Gretchen Collins, Debi Dalton, E. Daniel DeLoach, Charmaine Faucher, Michael Fowler, Sr, Alexander S. Gross, Thomas Hardin, Jr, Meg Heap, LaSharn Hughes, Brian Kemp, Rob Law, Matthew W. Norman, Andrew Reisman, David W. Retterbush, Joe Sam Robinson, Barby J. Simmons, Julia Slater, Kathleen Toomey, Richard L. Weil. (Pinson, Andrew) (Entered: 08/13/2019)

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65 Aug. 15, 2019

ORDER granting 61 Application for Admission Pro Hac Vice for Petitioner Jeffrey Matthew Harris. Signed by Judge Steve C. Jones on 8/15/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 08/15/2019)

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66 Aug. 15, 2019

ORDER granting 62 Application for Admission Pro Hac Vice for Petitioner Patrick Strawbridge. Signed by Judge Steve C. Jones on 8/15/2019. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(rjs) (Entered: 08/15/2019)

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67 Aug. 15, 2019

NOTICE of Appearance by Linda Ann Klein on behalf of Paul L. Howard, Jr (Klein, Linda) (Entered: 08/15/2019)

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68 Aug. 15, 2019

Unopposed MOTION for Extension of Time to File Answer by Paul L. Howard, Jr. (Attachments: # 1 Text of Proposed Order)(Klein, Linda) (Entered: 08/15/2019)

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Aug. 15, 2019

Clerk's Certificate of Mailing to Patrick Strawbridge re 66 Order on Application for Admission PHV. (rjs)

Aug. 15, 2019

Clerk's Certificate of Mailing to Jeffrey Matthew Harris re 65 Order on Application for Admission PHV. (rjs)

69 Aug. 16, 2019

NOTICE of Appearance by Steven G. Hall on behalf of Paul L. Howard, Jr (Hall, Steven) (Entered: 08/16/2019)

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70 Aug. 16, 2019

NOTICE of Appearance by Sarah Margaret Carrier on behalf of Paul L. Howard, Jr (Carrier, Sarah) (Entered: 08/16/2019)

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71 Aug. 16, 2019

RESPONSE in Opposition re 24 MOTION for Preliminary Injunction filed by Sherry Boston. (Bauer, S.) (Entered: 08/16/2019)

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72 Aug. 16, 2019

NOTICE of Appearance by Ian Kyle Byrnside on behalf of Sherry Boston (Byrnside, Ian) (Entered: 08/16/2019)

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Case Details

State / Territory:

Georgia

Case Type(s):

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: June 28, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Reproductive justice advocates in Georgia (including the ACLU, ACLU of Georgia, Center for Reproductive Rights, and Planned Parenthood), health care providers, and their patients.

Plaintiff Type(s):

Private Plaintiff

Public (for-profit) corporation

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

Center for Reproductive Rights

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Regional

District Attorney for the Atlanta Judicial Circuit

District Attorney for the Chattahoochee Judicial Circuit

District Attorney for the Cobb Judicial Circuit

District Attorney for the Eastern Judicial Circuit

District Attorney for the Gwinnett Judicial Circuit

District Attorney for the Stone Mountain Judicial Circuit

State

Attorney General of the State of Georgia

Commissioner for Georgia’s Department of Public Health

Georgia Composite Medical Board

Governor of the State of Georgia

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Facility Type(s):

Government-run

Non-government non-profit

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Other Dockets:

Northern District of Georgia 1:19-cv-02973

U.S. Court of Appeals for the Eleventh Circuit 20-13024

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Order Duration: 2020 - 2022

Issues

Discrimination Area:

Medical Exam / Inquiry

Discrimination Basis:

Pregnancy discrimination

Affected Race(s):

Asian/Pacific Islander

Black

Affected Sex/Gender(s):

Female

LGBTQ+:

LGBTQ+

Medical/Mental Health Care:

Medical care, general

Mental health care, general

Reproductive rights:

Abortion

Cardiac activity legislation

Contraception

Criminalization

Reproductive health care (including birth control, abortion, and others)

Time-based abortion prohibition

Recommended Citation