Case: Planned Parenthood of Greater Texas Surgical Health Services v. Abbott

1:13-cv-00862 | U.S. District Court for the Western District of Texas

Filed Date: Sept. 26, 2013

Closed Date: Dec. 10, 2014

Clearinghouse coding complete

Case Summary

This is a case is about a challenge to Texas House Bill 2 (“the Act”) which allegedly imposed burdensome requirements on abortion providers. On September 27, 2013, several abortion clinics and physicians filed this lawsuit on behalf of themselves and their patients in the United States District Court for the Western District of Texas, Austin Division. The plaintiffs sued the Attorney General of Texas, the Commissioner of the Texas Department of State Health Services, the Executive Director of the Texas Medical Board, and several county and district attorneys under 42 U.S.C. § 1983. Represented by Planned Parenthood Federation of America, the Center for Reproductive Rights, the ACLU Reproductive Freedom Project, the ACLU of Texas, and private counsel, the plaintiffs sought declaratory relief, attorneys’ fees, and a preliminary and permanent injunction restraining the defendants from enforcing the Act. The plaintiffs claimed that the Act had the purpose and effect of forcing health centers throughout the state to stop providing abortions. The case was assigned to District Court Judge Lee Yeakel.

The Act required all physicians to have "active admitting privileges" at a hospital providing obstetrical or gynecological health care services not further than 30 miles from the location at which the abortion was performed or induced, required providers to follow the allegedly outdated medication abortion regimen approved by the FDA in 2000, and mandated that the minimum standards for an abortion facility had to be equivalent to the minimum standards for ambulatory surgical centers. If the law went into effect, more than one third of the state’s licensed abortion facilities would be forced to stop offering abortions altogether, facilities would be forced to decrease the number of abortions they provide, and many women would be unable to obtain a medication abortion. The plaintiffs alleged that the admitting privileges and medication abortion provisions were facially unconstitutionally vague, subjecting the plaintiffs to arbitrary and discriminatory enforcement. These provisions also allegedly violated the plaintiffs’ rights guaranteed by the Fourteenth Amendment Due Process Clause. The plaintiffs in this case did not challenge the ambulatory surgical center requirement.

On October 1, 2013, the plaintiffs moved for a preliminary injunction. While that was pending, the parties filed a joint motion on October 17 to dismiss the local prosecutor defendants, which Judge Yeakel granted that same day.

After a three-day bench trial, Judge Yeakel rendered a final judgment on October 28, 2013. 951 F.Supp.2d 891. He declared that the admitting-privileges provision did not bear a rational relationship to the State's legitimate interest in preserving and promoting fetal life or a woman's health and that, in any event, it posed an undue burden. The court enjoined enforcement of that provision. It also enjoined enforcement of the medication abortion provisions, but only where a physician determined, in appropriate medical judgment, that a medication abortion was necessary for the preservation of the life or health of the mother. Judge Yeakel concluded that surgical abortion was a reasonable alternate to medication abortion and that Texas had broad discretion to regulate the method of abortion, unless there was a significant health risk.

That same day, the defendants appealed to the United States Court of Appeals for the Fifth Circuit and the next day, they filed a motion for a stay pending the appeal. On October 31, 2013, the Fifth Circuit granted the defendants’ motion in part. 734 F.3d 406. It stayed the injunction of the admitting-privileges provision, concluding that the provision would likely prevent patient abandonment and promote proper credentialing of physicians. The Fifth Circuit narrowed the medication abortion injunction, only enjoining the medication abortion provisions with respect to a mother who was 50 to 63 days from her last menstrual period if the physician who was to perform the abortion procedure had exercised appropriate medical judgment and determined that due to a physical abnormality or preexisting condition of the mother, a surgical abortion would not be safe and medically sound.

On November 4, 2013, the plaintiffs asked the United States Supreme Court to vacate the stay, but fifteen days later, the Court denied the application. 571 U.S. 1061. Three justices concurred in the denial, arguing that the Court was correct to deny the application because the applicants failed to show that the Fifth Circuit's stay was a clear violation of accepted legal standards. Four justices dissented, arguing that the stay unnecessarily disrupted the status quo, leaving 20,000 women without access to an abortion provider such that the balance of harms tilted in favor of the applicants.

Back in the Fifth Circuit, on March 27, 2014, the court held that both of the challenged provisions were constitutional. 748 F.3d 583. It concluded that the admitting privileges requirement did not amount to an "undue burden" because it would not cause hardship to the "vast majority of Texas women seeking abortions." However, it noted that the admitting privileges requirement could not be enforced against abortion providers who applied for admitting privileges within the grace period allowed under the Act, but who were awaiting a response from a hospital. As for the medication abortion provisions, the court held that the law did not facially require a court-imposed exception for the life and health of the woman, but that such an exception could be sought in an as-applied challenge. The Fifth Circuit reversed the district court's judgment and rendered judgment for the defendants.

Shortly after the Fifth Circuit upheld the laws, the plaintiffs petitioned for a rehearing en banc, which the court denied on October 9, 2014. 769 F.3d 330. Judge James L. Dennis dissented, arguing that the case should be reheard because the panel essentially applied a rational basis test, instead of Casey's more stringent undue burden test.

On December 9, 2014, plaintiffs applied to the Supreme Court to extend the time to file a petition for a writ of certiorari. The next day, Justice Scalia denied the application. This case was then closed; however, in 2014, Texas abortion clinics filed an as-applied challenge to the admitting requirement and the ambulatory surgical center requirement. In 2016, the Supreme Court held that that both requirements imposed a substantial obstacle to abortion and were unconstitutional. Read more about that case here.

Summary Authors

Zoe Van Dyke (12/21/2022)

Michelle Wolk (12/22/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4401056/parties/planned-parenthood-of-greater-texas-surgical-health-services-v-abbott/

Judge(s)

Attorney for Plaintiff

Amiri, Brigitte Andrienne (Texas)

Bhandari, Esha (Texas)

Attorney for Defendant

Biggs, Adam Arthur (Texas)

Brandt, Thomas Phillip (Texas)

Brown, Clarkson F. (Texas)

Expert/Monitor/Master/Other

Judge(s)

Yeakel, Earl Leroy (Texas)

Attorney for Plaintiff

Amiri, Brigitte Andrienne (Texas)

Bhandari, Esha (Texas)

Clapman, Alice (Texas)

Cohen, Melissa A. (Texas)

Crepps, Janet (Texas)

Duane, Molly (Texas)

George, R. James (Texas)

Krasnoff, Helene T. (Texas)

Kreisler, Elizabeth Rose (Texas)

Lawrence, J. Alexander (Texas)

Martinez, William Joseph (Texas)

O'Connell, Patrick J. (Texas)

Paradis, Renee (Texas)

Reyes, Rico (Texas)

Robertson, Rebecca L. (Texas)

Sokoler, Jennifer (Texas)

Williams, Mitchell (Texas)

Attorney for Defendant

Biggs, Adam Arthur (Texas)

Brandt, Thomas Phillip (Texas)

Brown, Clarkson F. (Texas)

Casas, Elaine A. (Texas)

D'Andrea, Arthur C. (Texas)

Deane, William T. (Texas)

Dixon, Michael W. (Texas)

Durfee, Scott Anthony (Texas)

Graydon, Scot M. (Texas)

Gregory, Sue Ann (Texas)

Harlan, Peter L (Texas)

Henninger, Stephen D (Texas)

Hudson, Eric A. (Texas)

Klusmann, Beth (Texas)

Lionberger, Philip A. (Texas)

Mitchell, Jonathan F. (Texas)

Murphy, Michael P. (Texas)

Noble, Patricia Poppoff (Texas)

Oldham, Andrew S. (Texas)

Olson, Charles D. (Texas)

Patterson, Michael James (Texas)

Perkins, Daniel C. (Texas)

Ross, Ted A. (Texas)

Scott, John B. (Texas)

Seaquist, Gunnar Peterson (Texas)

Taaffe, Damon William (Texas)

Other

Joseph, Lawrence J. (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:13-cv-00862	Complaint and Application for Preliminary and Permanent Injunction	Sept. 27, 2013	Sept. 27, 2013 Complaint
96 1:13-cv-00862	Memorandum Opinion Incorporating Findings of Fact and Conclusions of Law	Oct. 28, 2013	Oct. 28, 2013 Order/Opinion 951 F.Supp.2d 891
502426546 13-51008	Opinion U.S. Court of Appeals for the Fifth Circuit	Oct. 31, 2013	Oct. 31, 2013 Order/Opinion 734 F.3d 406
13-00452	Opinion Supreme Court of the United States	Nov. 19, 2013	Nov. 19, 2013 Order/Opinion 571 U.S. 1061
13-51008	Opinion U.S. Court of Appeals for the Fifth Circuit	March 27, 2014	March 27, 2014 Order/Opinion 748 F.3d 583
13-51008	Opinion on Petition for Rehearing and Rehearing En Banc U.S. Court of Appeals for the Fifth Circuit	Oct. 9, 2014	Oct. 9, 2014 Order/Opinion 769 F.3d 330

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Casey and the Clinic Closings: When “Protecting Health” Obstructs Choice Linda Greenhouse & Reva B. Siegel	They offer a fresh understanding of how the Supreme Court’s abortion jurisprudence addresses laws that invoke not potential life, but women’s health as a reason to single out abortion for burdensome …	March 2016	March 1, 2016 https://www.yalelawjournal.org/...
Planned Parenthood v. Abbott: Evaluating the Admitting Privileges Requirements Under the Undue Burden Standard Hope A. Phelps	Section II of this Note provides a summary of the admitting privileges provision, the grounds for challenging the provision, and the procedural history. Section III provides a brief legal history of …	Fall 2015	Sept. 1, 2015 https://dspace.loyno.edu/...
The Negative Effects of Cumulative Abortion Regulations: Why the 5th Circuit Was Wrong in Upholding Regulations on Medication Abortions (Planned Parenthood of Greater Texas Surgical Health Services v. Abbott) Benjamin A. Hooper	This Casenote examines the circuit split surrounding the constitutionality of these “medication abortion” laws, while focusing on the Fifth Circuit’s decision in Planned Parenthood of Greater Texas S…	August 2015	Aug. 1, 2015 https://scholarship.law.uc.edu/...
Planned Parenthood v. Abbott ACLU	The American Civil Liberties Union, Planned Parenthood Federation of America, the Center for Reproductive Rights and Texas law firm George Brothers Kincaid & Horton have filed a lawsuit in federa…	March 27th, 2017	March 27, 2014 https://www.aclu.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4401056/planned-parenthood-of-greater-texas-surgical-health-services-v-abbott/

Last updated April 16, 2026, 5:23 a.m.

ECF Number	Date	Description	Link
	Sept. 26, 2013	Case Assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS (LY) AS PART OF THE CASE NUMBER: 1:13-cv-862-LY. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (kkc)
1	Sept. 27, 2013	COMPLAINT AND APPLICATION FOR PRELIMINARY AND PERMANENT INJUNCTION ( Filing fee $ 400 receipt number 0542-5887465), filed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice,, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Sexual Healthcare Services,, Austin Women's Health Center, West Side Clinic, Inc., Alan Braid, Houston Women's Clinic, Whole Woman's Health, Killeen Women's Health Center. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Civil Cover Sheet)(George, R.) (Entered: 09/27/2013) 1 Exhibit View on PACER 2 Civil Cover Sheet View on PACER 3 Civil Cover Sheet View on PACER	Clearinghouse
2	Sept. 27, 2013	REQUEST FOR ISSUANCE OF SUMMONS by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice,, Planned Parenthood Sexual Healthcare Services,, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (George, R.) (Entered: 09/27/2013)	RECAP
3	Sept. 27, 2013	REQUEST FOR ISSUANCE OF SUMMONS by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice,, Planned Parenthood Sexual Healthcare Services,, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. Corrected (George, R.) (Entered: 09/27/2013)	RECAP
4	Sept. 27, 2013	Summons Issued as to Gregory Abbott, Devon Anderson, David Escamilla, Jaime Esparza, Rene Guerra, David Lakey, M.D., James E. Nichols, Matthew Powell, Susan D. Reed, Abelino Reyna, Mari Robinson, Joe Shannon, Jr., Craig Watkins. (kkc) (Entered: 09/27/2013)	RECAP
5	Sept. 27, 2013	Letter to Rico Reyes, Helene T. Krasnoff, Alice Clapman, Janet Crepps, Esha Bhandari, Jennifer Sokoler, Brigitte Amiri, Renee Paradis, Rebecca L. Robertson re: non-admitted status. (kkc) (Entered: 09/27/2013)	RECAP
6	Sept. 30, 2013	NOTICE of Attorney Appearance by Jonathan F. Mitchell on behalf of Gregory Abbott, David Lakey, M.D., Mari Robinson (Mitchell, Jonathan) (Entered: 09/30/2013)	RECAP
7	Sept. 30, 2013	NOTICE of Attorney Appearance by Arthur C. D'Andrea on behalf of Gregory Abbott, David Lakey, M.D., Mari Robinson (D'Andrea, Arthur) (Entered: 09/30/2013)	RECAP
8	Oct. 1, 2013	MOTION for Leave to Exceed Page Limitation by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (Attachments: # 1 Proposed Order)(George, R.) (Entered: 10/01/2013)	RECAP
9	Oct. 1, 2013	MOTION for Preliminary Injunction Plaintiff's Motion for Preliminary Injunction and Memorandum of Law in Support Thereof by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (Attachments: # 1 Appendix Appendix and Exhibit A, # 2 Exhibit B, # 3 Exhibit B-1, # 4 Exhibit B-2, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F thru F-2, # 9 Proposed Order)(George, R.) (Entered: 10/01/2013)	RECAP
10	Oct. 1, 2013	DEFICIENCY NOTICE: re 6 Notice of Appearance (dm) (Entered: 10/01/2013)	RECAP
11	Oct. 1, 2013	CERTIFICATE OF SERVICE by Gregory Abbott, David Lakey, M.D., Mari Robinson Corrected Certificate of Service 6 Notice of Appearance (Mitchell, Jonathan) (Entered: 10/01/2013)	RECAP
12	Oct. 1, 2013	ORDER GRANTING 8 Motion to Exceed Page Limits for Motion for Preliminary Injunction. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/01/2013)	RECAP
13	Oct. 1, 2013	MOTION to Appear Pro Hac Vice by R. James George, Jr ( Filing fee $ 25 receipt number 0542-5896125) by on behalf of Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services. (Attachments: # 1 Proposed Order)(George, R.) (Entered: 10/01/2013)	RECAP
14	Oct. 1, 2013	MOTION to Appear Pro Hac Vice by R. James George, Jr ( Filing fee $ 25 receipt number 0542-5896155) by on behalf of Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services. (Attachments: # 1 Proposed Order)(George, R.) (Entered: 10/01/2013)	RECAP
15	Oct. 1, 2013	Minute Entry for proceedings held before Judge Lee Yeakel: Scheduling Conference held on 10/1/2013. Response brief to Motion for Preliminary Injunction due 10/15/2013 at noon; reply due 10/18/2013 at noon; Trial on the Merits set for 10/21/2013 at 9:00 am. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.) (kkc) (Entered: 10/01/2013)	RECAP
16	Oct. 1, 2013	MOTION to Appear Pro Hac Vice by R. James George, Jr ( Filing fee $ 25 receipt number 0542-5896254) by on behalf of Austin Women's Health Center, Alan Braid, Killeen Women's Health Center, Pamela J. Richter, Lamar Robinson, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (Attachments: # 1 Proposed Order)(George, R.) (Entered: 10/01/2013)	RECAP
17	Oct. 1, 2013	NOTICE of Attorney Appearance by Michael P. Murphy on behalf of Gregory Abbott, David Lakey, M.D., Mari Robinson (Murphy, Michael) (Entered: 10/01/2013)	RECAP
18	Oct. 1, 2013	MOTION to Appear Pro Hac Vice by R. James George, Jr ( Filing fee $ 25 receipt number 0542-5896880) by on behalf of Austin Women's Health Center, Alan Braid, Killeen Women's Health Center, Pamela J. Richter, Lamar Robinson, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (Attachments: # 1 Proposed Order)(George, R.) (Entered: 10/01/2013)	RECAP
19	Oct. 1, 2013	MOTION to Appear Pro Hac Vice by R. James George, Jr ( Filing fee $ 25 receipt number 0542-5896939) by on behalf of Austin Women's Health Center, Alan Braid, Killeen Women's Health Center, Pamela J. Richter, Lamar Robinson, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (Attachments: # 1 Proposed Order)(George, R.) (Entered: 10/01/2013)	RECAP
20	Oct. 1, 2013	NOTICE of Attorney Appearance by Philip A. Lionberger on behalf of Gregory Abbott, David Lakey, M.D., Mari Robinson (Lionberger, Philip) (Entered: 10/01/2013)	RECAP
21	Oct. 1, 2013	ORDER GRANTING 13 Motion for Alice Clapman to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/01/2013)	RECAP
22	Oct. 1, 2013	ORDER GRANTING 14 Motion for Helene T. Krasnoff to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/01/2013)	RECAP
23	Oct. 1, 2013	ORDER GRANTING 16 Motion for Janet Crepps to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/01/2013)	RECAP
24	Oct. 1, 2013	MOTION to Appear Pro Hac Vice by R. James George, Jr ( Filing fee $ 25 receipt number 0542-5897694) by on behalf of Houston Women's Clinic, Routh Street Women's Clinic, Southwestern Women's Surgery Center. (Attachments: # 1 Proposed Order)(George, R.) (Entered: 10/01/2013)	RECAP
25	Oct. 1, 2013	MOTION to Appear Pro Hac Vice by R. James George, Jr ( Filing fee $ 25 receipt number 0542-5897712) by on behalf of Houston Women's Clinic, Routh Street Women's Clinic, Southwestern Women's Surgery Center. (Attachments: # 1 Proposed Order)(George, R.) (Entered: 10/01/2013)	RECAP
26	Oct. 2, 2013	ORDER GRANTING 18 Motion for Esha Bhandari to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/02/2013)	RECAP
27	Oct. 2, 2013	ORDER GRANTING 19 Motion for Jennifer Sokoler to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/02/2013)	RECAP
28	Oct. 2, 2013	NOTICE of Attorney Appearance by Beth Klusmann on behalf of Gregory Abbott, David Lakey, M.D., Mari Robinson (Klusmann, Beth) (Entered: 10/02/2013)	RECAP
29	Oct. 2, 2013	SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, West Side Clinic, Inc., Alan Braid, Houston Women's Clinic, Whole Woman's Health, Killeen Women's Health Center. Gregory Abbott served on 9/27/2013, answer due 10/18/2013. (George, R.) (Entered: 10/02/2013)	RECAP
30	Oct. 2, 2013	SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, West Side Clinic, Inc., Houston Women's Clinic, Whole Woman's Health, Killeen Women's Health Center. David Escamilla served on 9/27/2013, answer due 10/18/2013. (George, R.) (Entered: 10/02/2013)	RECAP
31	Oct. 2, 2013	SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, West Side Clinic, Inc., Alan Braid, Houston Women's Clinic, Whole Woman's Health, Killeen Women's Health Center. Mari Robinson served on 9/27/2013, answer due 10/18/2013. (George, R.) (Entered: 10/02/2013)	RECAP
32	Oct. 2, 2013	SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, West Side Clinic, Inc., Alan Braid, Houston Women's Clinic, Whole Woman's Health, Killeen Women's Health Center. David Lakey, M.D. served on 9/27/2013, answer due 10/18/2013. (George, R.) (Entered: 10/02/2013)	RECAP
33	Oct. 2, 2013	SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, West Side Clinic, Inc., Alan Braid, Houston Women's Clinic, Whole Woman's Health, Killeen Women's Health Center. James E. Nichols served on 9/27/2013, answer due 10/18/2013. (George, R.) (Entered: 10/02/2013)	RECAP
34	Oct. 3, 2013	MOTION to Appear Pro Hac Vice by R. James George, Jr for Rico Reyes ( Filing fee $ 25 receipt number 0542-5904230) by on behalf of Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (Attachments: # 1 Proposed Order Granting Mtn Admission PHV)(George, R.) (Entered: 10/03/2013)	RECAP
35	Oct. 4, 2013	ORDER GRANTING 34 Motion for Rico Reyes to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/04/2013)	RECAP
36	Oct. 4, 2013	Transcript filed of Proceedings held on October 1, 2013, Proceedings Transcribed: Scheduling Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/25/2013, Redacted Transcript Deadline set for 11/4/2013, Release of Transcript Restriction set for 1/2/2014, (Rodriguez, Arlinda) (Entered: 10/04/2013)	RECAP
39	Oct. 4, 2013	MOTION to Intervene by Mitchell Williams. (kkc) (Entered: 10/07/2013)	RECAP
40	Oct. 4, 2013	MOTION to Proceed in forma pauperis by Mitchell Williams. (kkc) (Entered: 10/07/2013)	RECAP
37	Oct. 7, 2013	ORDER GRANTING 24 Motion for Brigitte Amiri to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/07/2013)	RECAP
38	Oct. 7, 2013	ORDER GRANTING 25 Motion for Renee Paradis to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/07/2013)	RECAP
41	Oct. 8, 2013	ORDER DENYING 39 Motion for Mitchell Williams to Intervene; DISMISSING 40 Motion for Leave to Proceed in forma pauperis. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/08/2013)	RECAP
42	Oct. 8, 2013	MOTION to Appear Pro Hac Vice by R. James George, Jr for Rebecca L. Robertson ( Filing fee $ 25 receipt number 0542-5914059) by on behalf of Houston Women's Clinic, Routh Street Women's Clinic, Southwestern Women's Surgery Center. (Attachments: # 1 Proposed Order Grating Motion PHV)(George, R.) Modified on 10/8/2013 to remove filers (kkc). (Entered: 10/08/2013)	RECAP
43	Oct. 8, 2013	SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, West Side Clinic, Inc., Alan Braid, Houston Women's Clinic, Whole Woman's Health, Killeen Women's Health Center. Matthew Powell served on 9/27/2013, answer due 10/18/2013. (George, R.) (Entered: 10/08/2013)	RECAP
44	Oct. 8, 2013	SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, West Side Clinic, Inc., Alan Braid, Houston Women's Clinic, Whole Woman's Health, Killeen Women's Health Center. Susan D. Reed served on 9/27/2013, answer due 10/18/2013. (George, R.) (Entered: 10/08/2013)	RECAP
45	Oct. 8, 2013	SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, West Side Clinic, Inc., Alan Braid, Houston Women's Clinic, Whole Woman's Health, Killeen Women's Health Center. Abelino Reyna served on 9/27/2013, answer due 10/18/2013. (George, R.) (Entered: 10/08/2013)	RECAP
46	Oct. 8, 2013	MOTION to Appear Pro Hac Vice by Karen Tripp for Lawrence J. Joseph ( Filing fee $ 25 receipt number 0542-5914616) by on behalf of Texas Eagle Forum. (Tripp, Karen) (Entered: 10/08/2013)	RECAP
47	Oct. 8, 2013	ORDER (Trial on the Merits to the Bench set for 10/21/2013 at 9:00 AM before Judge Lee Yeakel). Signed by Judge Lee Yeakel. (kkc) Modified docket text on 10/8/2013 (kkc). (Entered: 10/08/2013)	RECAP
48	Oct. 8, 2013	ORDER GRANTING 42 Motion for Rebecca L. Robertson to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/08/2013)	RECAP
49	Oct. 8, 2013	ORDER GRANTING 46 Motion for Lawrence J. Joseph to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/08/2013)	RECAP
50	Oct. 9, 2013	MOTION for Andrew S. Oldham to Appear Pro Hac Vice by Gregory Abbott, David Lakey, M.D., Mari Robinson. (kkc) (Entered: 10/09/2013)	RECAP
51	Oct. 9, 2013	SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, West Side Clinic, Inc., Alan Braid, Houston Women's Clinic, Whole Woman's Health, Killeen Women's Health Center. Devon Anderson served on 9/27/2013, answer due 10/18/2013. (George, R.) (Entered: 10/09/2013)	RECAP
52	Oct. 9, 2013	SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, West Side Clinic, Inc., Whole Woman's Health. Jaime Esparza served on 9/27/2013, answer due 10/18/2013. (George, R.) Modified on 10/10/2013 to add filers (kkc). (Entered: 10/09/2013)	RECAP
53	Oct. 9, 2013	SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Routh Street Women's Clinic, West Side Clinic, Inc., Whole Woman's Health. Rene Guerra served on 9/30/2013, answer due 10/21/2013. (George, R.) Modified on 10/10/2013 to add filers (kkc). (Entered: 10/09/2013)	RECAP
54	Oct. 9, 2013	SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, West Side Clinic, Inc., Alan Braid, Houston Women's Clinic, Whole Woman's Health, Killeen Women's Health Center. Joe Shannon, Jr. served on 9/27/2013, answer due 10/18/2013. (George, R.) (Entered: 10/09/2013)	RECAP
55	Oct. 9, 2013	SUMMONS Returned Executed by Southwestern Women's Surgery Center, Pamela J. Richter, Planned Parenthood Center for Choice, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Lamar Robinson, Planned Parenthood Women's Health Center, Planned Parenthood Sexual Healthcare Services, Austin Women's Health Center, West Side Clinic, Inc., Alan Braid, Houston Women's Clinic, Whole Woman's Health, Killeen Women's Health Center. Craig Watkins served on 9/27/2013, answer due 10/18/2013. (George, R.) (Entered: 10/09/2013)	RECAP
56	Oct. 10, 2013	ORDER that the parties to this cause shall file with the court their witness lists, exhibit lists, agreed stipulated facts, and proposed findings of fact and conclusions of law no later than 12:00 pm, Friday, October 18, 2013. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/10/2013)	RECAP
57	Oct. 10, 2013	ORDER GRANTING 50 Motion for Andrew S. Oldham to Appear Pro Hac Vice for Defendants Gregory Abbott, David Lakey, Mari Robinson. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/10/2013)	RECAP
58	Oct. 11, 2013	Unopposed MOTION for Leave to File Amicus Brief by Lawrence J. Joseph. by Texas Eagle Forum. (Attachments: # 1 Brief Proposed Amicus Brief, # 2 Exhibit Corporate Disclosure Statement, # 3 Proposed Order Proposed Order)(Joseph, Lawrence) (Entered: 10/11/2013)	RECAP
59	Oct. 15, 2013	RESPONSE to Motion, filed by Gregory Abbott, David Lakey, M.D., Mari Robinson, re 9 MOTION for Preliminary Injunction Plaintiff's Motion for Preliminary Injunction and Memorandum of Law in Support Thereof filed by Plaintiff Planned Parenthood of Greater Texas Surgical Health Services, Plaintiff Routh Street Women's Clinic, Plaintiff Killeen Women's Health Center, Plaintiff Planned Parenthood Center for Choice, Plaintiff Austin Women's Health Center, Plaintiff Planned Parenthood Sexual Healthcare Services, Plaintiff Pamela J. Richter, Plaintiff Southwestern Women's Surgery Center, Plaintiff West Side Clinic, Inc., Plaintiff Lamar Robinson, Plaintiff Whole Woman's Health, Plaintiff Alan Braid, Plaintiff Houston Women's Clinic, Plaintiff Planned Parenthood Women's Health Center (Mitchell, Jonathan) (Entered: 10/15/2013)	RECAP
60	Oct. 15, 2013	APPENDIX to 59 Response to Motion,,, by Gregory Abbott, David Lakey, M.D., Mari Robinson. (Attachments: # 1 Affidavit Dr. Mikeal Love, # 2 Affidavit Dr. Donna Harrison, # 3 Affidavit Dr. James Anderson, # 4 Affidavit Dr. John Thorp, # 5 Affidavit Abby Johnson, # 6 Affidavit Dr. Peter Uhlenberg, # 7 Affidavit Dr. Jacqueline Harvey, # 8 Affidavit Marc Connelly)(Mitchell, Jonathan) (Entered: 10/15/2013)	RECAP
61	Oct. 15, 2013	Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference in Chambers held on 10/15/2013 (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.) (kkc) (Entered: 10/15/2013)	RECAP
62	Oct. 16, 2013	ORDER GRANTING 58 Motion for Leave to File a Memorandum of Law as Amici Curiae in Support of Defendants Urging Denial of Interim Relief. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/16/2013)	RECAP
63	Oct. 16, 2013	Memorandum in Opposition to Motion, filed by Texas Eagle Forum, re 9 MOTION for Preliminary Injunction Plaintiff's Motion for Preliminary Injunction and Memorandum of Law in Support Thereof filed by Plaintiffs. (kkc) (Entered: 10/16/2013)	RECAP
64	Oct. 17, 2013	Joint MOTION to Dismiss JOINT MOTION TO DISMISS THE LOCAL PROSECUTOR DEFENDANTS by Devon Anderson, David Escamilla, Jaime Esparza, Rene Guerra, James E. Nichols, Matthew Powell, Susan D. Reed, Abelino Reyna, Joe Shannon, Jr., Craig Watkins. (Casas, Elaine) (Entered: 10/17/2013)	RECAP
65	Oct. 17, 2013	ORDER GRANTING 64 Motion to Dismiss Local Prosecutor Defendants. Terminated parties: Jaime Esparza (District Attorney for El Paso County, each in their official capacities, as well as their employees, agents, and successors), Rene Guerra (Criminal District Attorney for Hidalgo County), James E. Nichols (County Attorney for Bell County), Matthew Powell (Director of the Lubbock County Criminal District Attorney's Office), Susan D. Reed (Criminal District Attorney for Bexar County), Abelino Reyna (Criminal District Attorney for Mclennan County), Joe Shannon, Jr. (Criminal District Attorney for Tarrant County), Craig Watkins (Criminal District Attorney for Dallas County), Devon Anderson (District Attorney for Harris County) and David Escamilla (County Attorney for Travis County). Signed by Judge Lee Yeakel. (kkc) (Entered: 10/17/2013)	RECAP
66	Oct. 17, 2013	ADVISORY TO THE COURT by Gregory Abbott, David Lakey, M.D., Mari Robinson. (Mitchell, Jonathan) (Entered: 10/17/2013)	RECAP
67	Oct. 17, 2013	APPENDIX to 66 Advisory to the Court by Gregory Abbott, David Lakey, M.D., Mari Robinson. (Attachments: # 1 Exhibit Email from Janet Crepps (Oct. 10, 2013), # 2 Exhibit Email from Janet Crepps (Oct. 15, 2013), # 3 Exhibit Email from Arthur C. D'Andrea (Oct. 15, 2013))(Mitchell, Jonathan) (Entered: 10/17/2013)	RECAP
68	Oct. 18, 2013	Witness List by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (George, R.) (Entered: 10/18/2013)	RECAP
69	Oct. 18, 2013	Witness List by Gregory Abbott, David Lakey, M.D., Mari Robinson. (Mitchell, Jonathan) (Entered: 10/18/2013)	RECAP
70	Oct. 18, 2013	Exhibit List by Gregory Abbott, David Lakey, M.D., Mari Robinson.. (Mitchell, Jonathan) (Entered: 10/18/2013)	RECAP
71	Oct. 18, 2013	Proposed Findings of Fact by Gregory Abbott, David Lakey, M.D., Mari Robinson. (Mitchell, Jonathan) (Entered: 10/18/2013)	RECAP
72	Oct. 18, 2013	Exhibit List Plaintiffs' Exhibit List by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health.. (von Kreisler, Elizabeth) (Entered: 10/18/2013)	RECAP
73	Oct. 18, 2013	Proposed Findings of Fact by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (von Kreisler, Elizabeth) (Entered: 10/18/2013)	RECAP
74	Oct. 18, 2013	REPLY to Response to Motion, filed by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health, re 9 MOTION for Preliminary Injunction Plaintiff's Motion for Preliminary Injunction and Memorandum of Law in Support Thereof filed by Plaintiff Planned Parenthood of Greater Texas Surgical Health Services, Plaintiff Routh Street Women's Clinic, Plaintiff Killeen Women's Health Center, Plaintiff Planned Parenthood Center for Choice, Plaintiff Austin Women's Health Center, Plaintiff Planned Parenthood Sexual Healthcare Services, Plaintiff Pamela J. Richter, Plaintiff Southwestern Women's Surgery Center, Plaintiff West Side Clinic, Inc., Plaintiff Lamar Robinson, Plaintiff Whole Woman's Health, Plaintiff Alan Braid, Plaintiff Houston Women's Clinic, Plaintiff Planned Parenthood Women's Health Center (George, R.) (Entered: 10/18/2013)	RECAP
75	Oct. 18, 2013	* FILING ERROR - DUPLICATE FILING OF DOCKET ENTRY NO. 74 * REPLY to Response to Motion, filed by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health, re 9 MOTION for Preliminary Injunction Plaintiff's Motion for Preliminary Injunction and Memorandum of Law in Support Thereof filed by Plaintiff Planned Parenthood of Greater Texas Surgical Health Services, Plaintiff Routh Street Women's Clinic, Plaintiff Killeen Women's Health Center, Plaintiff Planned Parenthood Center for Choice, Plaintiff Austin Women's Health Center, Plaintiff Planned Parenthood Sexual Healthcare Services, Plaintiff Pamela J. Richter, Plaintiff Southwestern Women's Surgery Center, Plaintiff West Side Clinic, Inc., Plaintiff Lamar Robinson, Plaintiff Whole Woman's Health, Plaintiff Alan Braid, Plaintiff Houston Women's Clinic, Plaintiff Planned Parenthood Women's Health Center (George, R.) Modified on 10/18/2013 (kkc). (Entered: 10/18/2013)	RECAP
76	Oct. 18, 2013	APPENDIX to 74 Reply to Response to Motion, filed by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (Attachments: # 1 Exhibit Ex. A to Appendix, # 2 Exhibit Ex. B to Appendix, # 3 Exhibit Ex C to Appendix, # 4 Exhibit Ex. D to Appendix, # 5 Exhibit Ex. E part 1 to Appeddix, # 6 Exhibit Ex. E part 2 to Appendix, # 7 Exhibit Ex. E part 3 to Appendix, # 8 Exhibit Ex. E part 4 to Appendix, # 9 Exhibit Ex. F to Appendix)(George, R.) Modified docket text on 10/18/2013 (kkc). (Entered: 10/18/2013)	RECAP
77	Oct. 18, 2013	* FILING ERROR - WRONG PDF DOCUMENT FILED. DOCUMENT RE-FILED AS DOCKET ENTRY NO. 78 *STIPULATION Joint Stipulation to Facts and Admissibility of Evidence by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (von Kreisler, Elizabeth) Modified docket text on 10/18/2013 (kkc). (Entered: 10/18/2013)	RECAP
78	Oct. 18, 2013	STIPULATION Joint Stipulation of Facts and Admissibility of Evidence by Gregory Abbott, Devon Anderson, Austin Women's Health Center, Alan Braid, David Escamilla, Jaime Esparza, Rene Guerra, Houston Women's Clinic, Killeen Women's Health Center, David Lakey, M.D., James E. Nichols, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Matthew Powell, Susan D. Reed, Abelino Reyna, Pamela J. Richter, Lamar Robinson, Mari Robinson, Routh Street Women's Clinic, Joe Shannon, Jr., Southwestern Women's Surgery Center, Craig Watkins, West Side Clinic, Inc., Whole Woman's Health. (von Kreisler, Elizabeth) (Entered: 10/18/2013)	RECAP
79	Oct. 18, 2013	CERTIFICATE OF SERVICE by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health 73 Proposed Findings of Fact,, (George, R.) (Entered: 10/18/2013)	RECAP
80	Oct. 18, 2013	Exhibit List Plaintiffs' Amended Exhibit List by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health.. (von Kreisler, Elizabeth) (Entered: 10/18/2013)	RECAP
81	Oct. 18, 2013	ANSWER to 1 Complaint,, by Gregory Abbott, David Lakey, M.D., Mari Robinson.(Mitchell, Jonathan) (Entered: 10/18/2013)	RECAP
82	Oct. 20, 2013	NOTICE of Attorney Appearance by Jonathan F. Mitchell on behalf of Gregory Abbott, David Lakey, M.D., Mari Robinson (Mitchell, Jonathan) (Entered: 10/20/2013)	RECAP
83	Oct. 20, 2013	NOTICE of Attorney Appearance by Jonathan F. Mitchell on behalf of Gregory Abbott, David Lakey, M.D., Mari Robinson (Mitchell, Jonathan) (Entered: 10/20/2013)	RECAP
84	Oct. 21, 2013	Witness List by Gregory Abbott, David Lakey, M.D., Mari Robinson. (Mitchell, Jonathan) (Entered: 10/21/2013)	RECAP
85	Oct. 21, 2013	MOTION for Court Order Authorizing the Disclosure and Use of Abortion Induction and Complication Reports Submitted by Facility Plaintiffs by Gregory Abbott, David Lakey, M.D., Mari Robinson. (dm) (Entered: 10/21/2013)	RECAP
86	Oct. 21, 2013	ORDER GRANTING 85 Motion Authorizing Disclosure and Use at Trial of Abortion Induction and Complication Reports of Facility Plaintiffs. Signed by Judge Lee Yeakel. (dm) (Entered: 10/21/2013)	RECAP
87	Oct. 21, 2013	Minute Entry for proceedings held before Judge Lee Yeakel: Bench Trial begun on 10/21/2013. Bench Trial returning on 10/22/2013 at 9:00 AM before Judge Lee Yeakel. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.) (kkc) (Entered: 10/22/2013)	RECAP
88	Oct. 22, 2013	Miscellaneous Objection to 70 Exhibit List by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (George, R.) (Entered: 10/22/2013)	RECAP
89	Oct. 22, 2013	Evidentiary Objections to Plaintiff's Declarations and Rebuttal Declarations by Gregory Abbott, David Lakey, M.D., Mari Robinson. (kkc) (Entered: 10/22/2013)	RECAP
90	Oct. 22, 2013	TRIAL BRIEF REGARDING FEDERAL RULE OF EVIDENCE 807 by Gregory Abbott, David Lakey, M.D., Mari Robinson. (Mitchell, Jonathan) (Entered: 10/22/2013)	RECAP
91	Oct. 22, 2013	Minute Entry for proceedings held before Judge Lee Yeakel: Bench Trial held on 10/22/2013. Bench Trial Closing Argument set for 10/23/2013 at 10:00 AM before Judge Lee Yeakel. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.) (kkc) (Entered: 10/22/2013)	RECAP
92	Oct. 23, 2013	Minute Entry for proceedings held before Judge Lee Yeakel: Bench Trial concluded on 10/23/2013 (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.) (kkc) (Entered: 10/23/2013)	RECAP
93	Oct. 23, 2013	Witness List from Bench Trial by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (kkc) (Entered: 10/23/2013)	RECAP
94	Oct. 23, 2013	Amended Exhibit List from Bench Trial by Austin Women's Health Center, Alan Braid, Houston Women's Clinic, Killeen Women's Health Center, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women's Health Center, Planned Parenthood of Greater Texas Surgical Health Services, Pamela J. Richter, Lamar Robinson, Routh Street Women's Clinic, Southwestern Women's Surgery Center, West Side Clinic, Inc., Whole Woman's Health. (kkc) (Entered: 10/23/2013)	RECAP
95	Oct. 23, 2013	Exhibit List from Bench Trial by Gregory Abbott, David Lakey, M.D., Mari Robinson. (kkc) (Entered: 10/23/2013)	RECAP
96	Oct. 28, 2013	MEMORANDUM OPINION INCORPORATING FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/28/2013)	Clearinghouse
97	Oct. 28, 2013	FINAL JUDGMENT. Signed by Judge Lee Yeakel. (kkc) (Entered: 10/28/2013)	RECAP
98	Oct. 28, 2013	Appeal of Final Judgment 97 by Gregory Abbott, David Lakey, M.D., Mari Robinson. ( Filing fee $ 455 receipt number 0542-5969954) (Mitchell, Jonathan) (Entered: 10/28/2013)	RECAP
	Oct. 28, 2013	NOTICE OF APPEAL following 98 Notice of Appeal (E-Filed) by Gregory Abbott, David Lakey, M.D., Mari Robinson. Filing fee $455, receipt number 0542-5969954. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out Form DKT-13 (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (kkc)

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Case Details

State / Territory:

Texas

Case Type(s):

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: Sept. 26, 2013

Closing Date: Dec. 10, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Planned Parenthood of Greater Texas Surgical Health Services, Planned Parenthood Center for Choice, Planned Parenthood Sexual Healthcare Services, Planned Parenthood Women’s Health Center, Whole Woman’s Health, Austin Women’s Health Center, Killeen Women’s Health Center, Southwestern Women’s Surgery Center, West Side Clinic, Inc., Routh Street Women’s Clinic, Houston Women’s Clinic, each on behalf of itself, its patients and physicians. In addition to the abortion clinics, three physicians were also plaintiffs, each on behalf of themselves and their patients.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

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

County

County Attorney for Bell County

County Attorney for Travis County

Criminal District Attorney for Dallas County

Criminal District Attorney for Hidalgo County

Criminal District Attorney for McLennan County

Criminal District Attorney for Tarrant County

Director of the Lubbock County Criminal District Attorney’s Office

District Attorney for El Paso County

District Attorney for Harris County

State

Attorney General of Texas

Commissioner of the Texas Department of State Health Services

Executive Director of the Texas Medical Board

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Other Dockets:

Western District of Texas 1:13-cv-00862

U.S. Court of Appeals for the Fifth Circuit 13-51008

Supreme Court of the United States 13A452

Supreme Court of the United States 14A615

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Order Duration: 2013 - 2013

Issues

General/Misc.:

Confidentiality

Reproductive rights:

Abortion

Admitting privileges

Licensing restriction

Medication abortion

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

Time-based abortion prohibition

Undue Burden

Recommended Citation

Case Summary of Planned Parenthood of Greater Texas Surgical Health Services v. Abbott, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/43135/ (last updated 12/22/2023).