Case: Planned Parenthood Minnesota, North Dakota, South Dakota v. Daugaard

4:11-cv-04071 | U.S. District Court for the District of South Dakota

Filed Date: May 27, 2011

Closed Date: Oct. 21, 2022

Clearinghouse coding complete

Case Summary

This is a case challenging an abortion restriction in the state of South Dakota. According to the plaintiffs, South Dakota H.B. 1217 sought to restrict women's access to abortion services in South Dakota by (1) imposing what was at the time the longest mandatory delay in the country; (2) forcing every woman who sought an abortion to disclose and discuss private personal and medical information with an unlicensed, non-medical organization opposed to her decision; (3) requiring physicians to engage in a "risk factors" assessment that plaintiffs alleged was a drastic departure from accepted medical practice and impossible for any physician to satisfy; and (4) defining "coercion" in such broad terms that it obstructed access to abortion in situations where the woman's decision was voluntary and not coerced.

On May 27, 2011, Planned Parenthood Minnesota, North Dakota, South Dakota and a Board Certified obstetrician and gynecologist who provided abortion services in South Dakota filed this lawsuit in the U.S. District Court for the District of South Dakota. The plaintiffs sued the Governor, Attorney General, Secretary of Health, and the Executive Director of the Board of Medical and Osteopathic Examiners, in their official capacities. Plaintiffs brought suit under 42 U.S.C. § 1983, alleging that the Act violated the First and Fourteenth Amendments, including due process, equal protection, freedom from compelled speech and religion, and women's right to liberty and privacy. Represented by Planned Parenthood, the ACLU, and a private law firm, plaintiffs sought declaratory judgment, injunctive relief, and attorneys' fees.

On June 30, 2011, Judge Karen E. Schreier held that plaintiffs sufficiently demonstrated the need for a preliminary injunction, and granted one as to a majority of the Act. The only provisions that were not enjoined were (1) the requirement that the Department of Health maintain a registry of pregnancy help centers located in the state of South Dakota, (2) the definition of "pregnancy help center," and (3) no patient or other person responsible for making decisions relative to the patient's care may waive the requirements of this chapter. Planned Parenthood Minnesota, N. Dakota, S. Dakota v. Daugaard, 799 F. Supp. 2d 1048 (D.S.D. 2011)

On December 27, 2011, Judge Schreier granted a motion to intervene by two pregnancy help centers who claimed that striking down the Act would impair their missions. One identified its mission as helping pregnant women keep and raise their children. The other claimed its mission was to properly inform a pregnant mother about facts that are essential to making an informed and voluntary decision about whether to exercise her right to keep her relationship with her child. Planned Parenthood Minnesota, N. Dakota, S. Dakota v. Daugaard, 836 F. Supp. 2d 933 (D.S.D. 2011). The intervenors became active participants in the litigation.

On March 2, 2012, the Governor of South Dakota signed into law H.B. 1254, which amended the original Act by removing two of the challenged provisions of the original act. In response, on June 7, 2012, Judge Schreier dissolved as moot the portions of the preliminary injunction that enjoined the challenged provisions removed in the amended act. Judge Schreier continued the preliminary injunction with respect to the challenged provisions of the original act that remained in the amended act.

On August 23, 2012, plaintiffs moved for an award of attorneys’ fees claiming that they had “prevailing party” status following success on a motion for a preliminary injunction and subsequent conduct by the South Dakota Legislature in the form of amending the act to remove challenged provisions. On February 28, 2013, Judge Schreier granted plaintiffs’ motion for attorneys’ fees. Planned Parenthood Minnesota, N.D. v. Daugaard, 946 F. Supp. 2d 913 (D.S.D. 2013).

On December 21, 2012, the Plaintiffs, by and through their counsel, filed a Motion to Dismiss Counts Eight and Nine of the Third Amended Complaint. These counts alleged that the mandatory 72-hour waiting period violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment. In the Fourth Amended Complaint, the plaintiffs did indeed eliminate those counts. Thus, on June 11, 2013, Judge Schreier dissolved the portion of the preliminary injunction relating to the 72-hour wait period.

The parties conducted discovery over the next several years. On August 20, 2021, Judge Schreier ordered that the defendants' motion to dissolve what remained of the preliminary injunction be denied. The Court held that no legal or factual change since the court’s preliminary injunction in 2011 warranted dissolution of the preliminary injunction of the pregnancy help center requirement. The Court concluded that the requirement still likely infringed on women’s right to free speech secured in the First Amendment, and presented an undue burden on a woman’s right to access abortion. Defendants appealed this order to the 8th Circuit Court of Appeals.

On October 4, 2022, a joint motion to dismiss was filed by Planned Parenthood as the action had become moot due to Plaintiffs no longer providing abortions in South Dakota as a result of the Supreme Court decision in Dobbs v. Jackson Women’s Health Organization, 142 S. Ct. 2228 (2022) and the state's "Trigger Ban" which had gone into effect. Two days later, the Eighth Circuit dismissed the appeal and vacated the preliminary injunction. Judge Schreier dismissed the case on October 21, 2022.

Summary Authors

Michelle Wolk (4/7/2022)

Kathleen Lok (10/5/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4990323/parties/planned-parenthood-minnesota-north-dakota-south-dakota-v-daugaard/

Judge(s)

Attorney for Plaintiff

Amiri, Brigitte (South Dakota)

Bajramovic, Hana (South Dakota)

Beck, Andrew D. (South Dakota)

Bell, Stephen D. (South Dakota)

Attorney for Defendant

Archer, Patricia J. (South Dakota)

Judge(s)

Schreier, Karen E. (South Dakota)

Attorney for Plaintiff

Amiri, Brigitte (South Dakota)

Bajramovic, Hana (South Dakota)

Beck, Andrew D. (South Dakota)

Bell, Stephen D. (South Dakota)

Chan, Rebecca (South Dakota)

Cohen, Melissa A. (South Dakota)

Drysdale, Michael (South Dakota)

Evans, Roger K. (South Dakota)

Lee, Jennifer K. (South Dakota)

Liu, Mimi Y. (South Dakota)

Salgado, Diana O. (South Dakota)

Sandman, Jennifer R. (South Dakota)

Attorney for Defendant

Archer, Patricia J. (South Dakota)

Blair, Steven R. (South Dakota)

Cassidy, Harold J. (South Dakota)

DeVaney, Patricia J. (South Dakota)

Guhin, John P. (South Dakota)

King, Rory (South Dakota)

Mines-Bailey, Ann F. (South Dakota)

Swedlund, Paul S. (South Dakota)

Zakhary, Joseph R. (South Dakota)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 4:11-cv-04071	Complaint Planned Parenthood Minnesota v. Daugaard	May 27, 2011	May 27, 2011 Complaint
39 4:11-cv-04071	Memorandum Opinion and Order Planned Parenthood Minnesota v. Daugaard	June 30, 2011	June 30, 2011 Order/Opinion 799 F.Supp.2d 1048
54 4:11-cv-04071	Order Granting Applicants' Motion to Intervene Planned Parenthood Minnesota v. Daugaard	Dec. 27, 2011	Dec. 27, 2011 Order/Opinion 836 F.Supp.2d 933
82 4:11-cv-04071	Order Dissolving in Part and Continuing in Part the Preliminary Injunction Planned Parenthood Minnesota v. Daugaard	June 27, 2012	June 27, 2012 Order/Opinion
110 4:11-cv-04071	Memorandum Opinion and Order Planned Parenthood Minnesota v. Daugaard	Feb. 28, 2013	Feb. 28, 2013 Order/Opinion 946 F.Supp.2d 913
129 4:11-cv-04071	Order Dissolving in Part and Continuing in Part the Modified Preliminary Injunction Planned Parenthood Minnesota v. Daugaard	June 11, 2013	June 11, 2013 Order/Opinion
346 4:11-cv-04071	Sixth Amended Complaint Planned Parenthood Minnesota v. Noem	July 1, 2021	July 1, 2021 Complaint
374 4:11-cv-04071	Order Denying Motion to Dissolve what Remains of the Preliminary Injunction and Denying as Moot Motion to Expedite Planned Parenthood Minnesota v. Daugaard	Aug. 20, 2021	Aug. 20, 2021 Order/Opinion 556 F.Supp.3d 1017
398 4:11-cv-04071	Dismiss Planned Parenthood Minnesota, North Dakota, South Dakota v. Noem	Oct. 4, 2022	Oct. 4, 2022 Pleading / Motion / Brief

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Planned Parenthood Minnesota, North Dakota, South Dakota v. Noem ACLU	This is the ACLU's case description of Planned Parenthood Minnesota, North Dakota, South Dakota v. Noem	October 25, 2021	Oct. 25, 2021 https://www.aclu.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4990323/planned-parenthood-minnesota-north-dakota-south-dakota-v-daugaard/

Last updated April 16, 2026, 5:22 a.m.

ECF Number	Date	Description	Link
1	May 27, 2011	COMPLAINT filed by Planned Parenthood Minnesota, North Dakota, South Dakota, Carol E. Ball. (Attachments: # 1 Ex A - HB 1217)(DJP) (Entered: 05/27/2011)	Clearinghouse
2	May 27, 2011	CIVIL COVER SHEET (DJP) (Entered: 05/27/2011)	RECAP
3	May 27, 2011	Filing fee: $ 350, receipt number 22155 (DJP) (Entered: 05/27/2011)	RECAP
4	May 27, 2011	Summons Issued as to Dennis Daugaard; handed true copy to counsel's representative(DJP) (Entered: 05/27/2011)	RECAP
5	May 27, 2011	Summons Issued as to Marty Jackley; handed true copy to counsel's representative (DJP) (Entered: 05/27/2011)	RECAP
6	May 27, 2011	Summons Issued as to Doneen Hollingsworth; handed true copy to counsel's representative (DJP) (Entered: 05/27/2011)	RECAP
7	May 27, 2011	Summons Issued as to Margaret Hansen; handed true copy to counsel's representative (DJP) (Entered: 05/27/2011)	RECAP
8	May 31, 2011	MOTION for Leave to Plainitffs' Unopposed Motion for Leave to File Overlength Brief by All Plaintiffs. (Bell, Stephen) (Entered: 05/31/2011)	RECAP
9	June 1, 2011	ORDER granting 8 Motion for Leave to file overlength brief. Signed by Chief Judge Karen E. Schreier on 6/1/2011. (KC) (Entered: 06/01/2011)	RECAP
10	June 3, 2011	MOTION for Preliminary Injunction and Temprorary Restraining Order by Carol E. Ball, Planned Parenthood Minnesota, North Dakota, South Dakota. (Attachments: # 1 Memorandum of Law in Support of Motion For Preliminary Injunction, # 2 Declaration of Mimi Liu, # 3 Declaration of Jill Meadows, M.D., # 4 Declaration of Carol E. Ball, M.D., # 5 Declaration of Steven Joffe, MD, MPH, # 6 Declaration of Andrea Adams, # 7 Declaration of Lenore E. Walker, Ed.D, # 8 Declaration of Misty Parrow, # 9 Declaration of Marvin Buehner, M.D., # 10 Declaration of Elizabeth Dimitrievich, M.D., M.B.A., # 11 Declaration of Theodore J. Joyce, Ph.D., # 12 Declaration of Kelly Blanchard)(Bell, Stephen) Modified exhibit titles on 6/6/2011 (CMS). (Entered: 06/03/2011)	RECAP
11	June 6, 2011	ORDER Setting Hearing on Motion 10 MOTION for Preliminary Injunction and Temprorary Restraining Order : Motion Hearing set for 6/27/2011 at 01:30 PM in Sioux Falls Courtroom 2 before Chief Judge Karen E. Schreier. Response due 6/20/2011; reply due 6/24/2011. Signed by Chief Judge Karen E. Schreier on 6/6/2011. (KC) (Entered: 06/06/2011)	RECAP
12	June 7, 2011	MOTION for attorney Mimi Liu to Appear Pro Hac Vice by All Plaintiffs. (Attachments: # 1 Text of Proposed Order Proposed Order to Admit NonResident Attorney Mimi Liu)(Bell, Stephen) (Entered: 06/07/2011)	RECAP
13	June 7, 2011	MOTION for attorney Diana Salgado to Appear Pro Hac Vice by All Plaintiffs. (Attachments: # 1 Text of Proposed Order Order to Admit Nonresident Attorney)(Bell, Stephen) (Entered: 06/07/2011)	RECAP
14	June 7, 2011	MOTION for attorney Roger Evans to Appear Pro Hac Vice by All Plaintiffs. (Attachments: # 1 Text of Proposed Order Order to Admit Nonresident Attorney)(Bell, Stephen) (Entered: 06/07/2011)	RECAP
15	June 7, 2011	MOTION for attorney Brigitte Amiri to Appear Pro Hac Vice by All Plaintiffs. (Attachments: # 1 Text of Proposed Order Motion to Admit Nonresident Attorney)(Bell, Stephen) (Entered: 06/07/2011)	RECAP
16	June 7, 2011	PRO HAC VICE fee paid by Diana Salgado, Roger Evans, and Mimi Liu. (CMS) (Entered: 06/07/2011)	RECAP
17	June 7, 2011	PRO HAC VICE fee paid by Brigitte Amiri (CMS) (Entered: 06/07/2011)	RECAP
18	June 8, 2011	NOTICE of Appearance by Patricia J. DeVaney on behalf of Dennis Daugaard, Margaret Hansen, Doneen Hollingsworth, Marty Jackley (DeVaney, Patricia) (Entered: 06/08/2011)	RECAP
19	June 8, 2011	NOTICE of Appearance by John P. Guhin on behalf of Dennis Daugaard, Margaret Hansen, Doneen Hollingsworth, Marty Jackley (Guhin, John) (Entered: 06/08/2011)	RECAP
20	June 8, 2011	MOTION for attorney Harold J. Cassidy to Appear Pro Hac Vice by Dennis Daugaard, Marty Jackley. (Attachments: # 1 Supplement Certificate of Good Standing)(King, Rory) (Entered: 06/08/2011)	RECAP
21	June 8, 2011	MOTION to Withdraw 20 MOTION for attorney Harold J. Cassidy to Appear Pro Hac Vice by Dennis Daugaard, Marty Jackley. (King, Rory) (Entered: 06/08/2011)	RECAP
22	June 8, 2011	ORDER granting 21 Motion to Withdraw. Signed by Chief Judge Karen E. Schreier on 6/8/2011. (KC) (Entered: 06/08/2011)	RECAP
23	June 8, 2011	ORDER granting 12 Motion for Attorney Mimi Liu to appear Pro Hac Vice; granting 13 Motion for Attorney Diana Salgado to appear Pro Hac Vice; granting 14 Motion for Attorney Roger Evans to appear Pro Hac Vice; granting 15 Motion for Attorney Bridgitte Amiri to appear Pro Hac Vice. Signed by Chief Judge Karen E. Schreier on 6/8/2011. (KC) (Entered: 06/08/2011)	RECAP
24	June 9, 2011	NOTICE by Carol E. Ball, Planned Parenthood Minnesota, North Dakota, South Dakota of First Amended Complaint (Attachments: # 1 First Amended Complaint)(Bell, Stephen) (Entered: 06/09/2011)	RECAP
25	June 9, 2011	AMENDED COMPLAINT, filed by Planned Parenthood Minnesota, North Dakota, South Dakota, Carol E. Ball. (Attachments: # 1 Exhibit A - HB No. 1217)(Bell, Stephen) (Entered: 06/09/2011)	RECAP
26	June 13, 2011	PRO HAC VICE fee paid by Andrew D. Beck (SLW) (Entered: 06/13/2011)	RECAP
27	June 13, 2011	MOTION for attorney Andrew Beck to Appear Pro Hac Vice by Carol E. Ball, Planned Parenthood Minnesota, North Dakota, South Dakota. (Attachments: # 1 Text of Proposed Order Proposed Order to Admit Nonresident Attorney Andrew Beck)(Bell, Stephen) (Entered: 06/13/2011)	RECAP
28	June 14, 2011	ORDER granting 27 Motion for Attorney Andrew D. Beck to appear Pro Hac Vice. Signed by Chief Judge Karen E. Schreier on 6/14/2011. (KC) (Entered: 06/14/2011)	RECAP
29	June 17, 2011	MOTION for Leave to File Excess Pages Unopposed by All Defendants. (Guhin, John) (Entered: 06/17/2011)	RECAP
30	June 17, 2011	ORDER granting 29 Motion for Leave to File Excess Pages. Signed by Chief Judge Karen E. Schreier on 6/17/2011. (KC) (Entered: 06/17/2011)	RECAP
31	June 20, 2011	FILED IN ERROR - MOTION for attorney Michael R. Drysdale to Appear Pro Hac Vice by All Plaintiffs. (Attachments: # 1 Text of Proposed Order to Admit Nonresident Attorney Michael R. Drysdale)(Bell, Stephen) Modified on 6/21/2011 (DJP). (Entered: 06/20/2011)	RECAP
32	June 20, 2011	MEMORANDUM in Opposition re 10 MOTION for Preliminary Injunction and Temprorary Restraining Order filed by All Defendants. (Attachments: # 1 Affidavit Declaration of Dr. Calhoun, # 2 Affidavit Declaration of Dr. Christiansen, # 3 Affidavit Declaration of Dr. Coyle, # 4 Affidavit Declaration of Kimberly Martinez, # 5 Affidavit Declaration of Patricia J. DeVaney with Ex. A, 2009 Vital Statistics Report excerpt; Ex. B, Ball Depo excerpt with PP Forms; Ex. C, Andrea Depo excerpt; Ex. D, Jamie Depo excerpt; Ex. E, Dictionary excerpt, # 6 Affidavit Declaration of Stacey Wollman, # 7 Affidavit Declaration of Dr. Shuping, # 8 Affidavit Declaration of Dr. Uhlenberg, # 9 Affidavit Declaration of Dr. Wei)(Guhin, John) (Entered: 06/20/2011)	RECAP
33	June 21, 2011	PRO HAC VICE fee paid by Dorsey & Whitney on behalf of Michael R. Drysdale in the amount of $100, receipt no. 22417 (DJP) (Entered: 06/21/2011)	RECAP
34	June 21, 2011	ANSWER to 25 Amended Complaint by All Defendants.(Guhin, John) (Entered: 06/21/2011)	RECAP
35	June 21, 2011	MOTION for attorney Michael R. Drysdale to Appear Pro Hac Vice by All Plaintiffs. (Attachments: # 1 Text of Proposed Order to Admit Nonresident Attorney)(Bell, Stephen) (Entered: 06/21/2011)	RECAP
36	June 22, 2011	ORDER granting 35 Motion for Attorney Michael R. Drysdale to appear Pro Hac Vice. Signed by Chief Judge Karen E. Schreier on 6/22/2011. (KC) (Entered: 06/22/2011)	RECAP
37	June 24, 2011	REPLY to Motion Response re 10 MOTION for Preliminary Injunction and Temprorary Restraining Order filed by All Plaintiffs. (Attachments: # 1 Affidavit Supplemental Declaration of Theodore J. Joyce, Ph.D.)(Bell, Stephen) (Entered: 06/24/2011)	RECAP
38	June 27, 2011	Motion Hearing held on 6/27/2011 re 10 MOTION for Preliminary Injunction and Temprorary Restraining Order filed by Carol E. Ball, Planned Parenthood Minnesota, North Dakota, South Dakota before Chief Judge Karen E. Schreier (Court Reporter Jill Connelly/FTR #2) (DJP) (Entered: 06/27/2011)	RECAP
	June 27, 2011	Motions Taken Under Advisement
39	June 30, 2011	ORDER granting 10 Motion for Preliminary Injunction. Signed by Chief Judge Karen E. Schreier on 6/30/2011. (KC) (Entered: 06/30/2011)	Clearinghouse
40	July 1, 2011	MOTION to Intervene by Alpha Center, Black Hills Crisis Pregnancy Center. (Attachments: # 1 Declaration of Kimberly Martinez, # 2 Declaration of Leslie J. Unruh, # 3 Declaration of Stacy A. Wollman, # 4 Declaration of Glenn Ridder, MD, # 5 Declaration of Patricia K. Giebink, MD, # 6 Declaration of Abby K. Johnson, # 7 Declaration of Miriam Grossman, MD, # 8 Declaration of Brittany Weston, # 9 Declaration of Alexandra L. Szameit, # 10 Declaration of Vixie Miller, # 11 MEMORANDUM OF LAW in Support of Motion for Intervention of Alpha Center and Care Net Pregnancy Resource Center)(King, Rory) Modified exhibit titles on 7/5/2011 (CMS). (Entered: 07/01/2011) 1 Declaration of Kimberly Martinez View on PACER 2 Declaration of Leslie J. Unruh View on PACER 3 Declaration of Stacy A. Wollman View on PACER 4 Declaration of Glenn Ridder, MD View on PACER 5 Declaration of Patricia K. Giebink, MD View on PACER 6 Declaration of Abby K. Johnson View on PACER 7 Declaration of Miriam Grossman, MD View on RECAP 8 Declaration of Brittany Weston View on PACER 9 Declaration of Alexandra L. Szameit View on PACER 10 Declaration of Vixie Miller View on PACER 11 MEMORANDUM IN SUPPORT of Motion for Intervention of Alpha Center and Care Net Pr View on PACER	RECAP
41	July 1, 2011	MOTION for attorney Harold J. Cassidy to Appear Pro Hac Vice by Alpha Center, Black Hills Crisis Pregnancy Center. (Attachments: # 1 Statement of Proposed Admitee, # 2 Certificate of Good Standing, # 3 Text of Proposed Order Order to Admit Nonresident Attorney)(King, Rory) (Entered: 07/01/2011)	RECAP
42	July 1, 2011	ANSWER to 25 Amended Complaint by Alpha Center, Black Hills Crisis Pregnancy Center.(King, Rory) (Entered: 07/01/2011)	RECAP
43	July 6, 2011	ORDER granting 41 Motion for Attorney Harold J. Cassidy to appear Pro Hac Vice. Signed by Chief Judge Karen E. Schreier on 7/6/2011. (KC) (Entered: 07/06/2011)	RECAP
	July 15, 2011	PHV Fee Paid
44	July 21, 2011	RESPONSE to Motion re 40 MOTION to Intervene filed by Dennis Daugaard, Robert Ferrell, Doneen Hollingsworth, Marty Jackley. (Guhin, John) (Entered: 07/21/2011)	RECAP
45	July 22, 2011	RESPONSE to Motion re 40 MOTION to Intervene filed by All Plaintiffs. (Bell, Stephen) (Entered: 07/22/2011)	RECAP
46	July 25, 2011	TRANSCRIPT of Proceedings re 38 Motion Hearing, held on 6-27-2011 before Judge Karen E. Schreier. Court Reporter/Transcriber: Jill Connelly, Telephone number 605-330-6669. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/18/2011. Redacted Transcript Deadline set for 8/29/2011. Release of Transcript Restriction set for 10/27/2011. (JC) (Entered: 07/25/2011)	RECAP
47	July 25, 2011	NOTICE of Filing of Official Transcript re: 38 Motion Hearing. Notice mailed to non-ecf counsel. (JC) (Entered: 07/25/2011)	RECAP
48	Aug. 5, 2011	(FILED IN ERROR) REPLY to Motion Response re 40 MOTION to Intervene filed by Alpha Center, Black Hills Crisis Pregnancy Center. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit)(King, Rory) Modified on 8/9/2011 (CMS). (Entered: 08/05/2011)	RECAP
49	Aug. 8, 2011	REPLY to Motion Response re 40 MOTION to Intervene filed by Alpha Center, Black Hills Crisis Pregnancy Center. (Attachments: # 1 Affidavit of Harold Cassidy, # 2 Affidavit of Leslee Unruh, # 3 Affidavit of Stacey Wollman)(King, Rory) (Entered: 08/08/2011)	RECAP
	Aug. 8, 2011	Notice of Filing Error
50	Aug. 9, 2011	AFFIDAVIT in Support re 40 MOTION to Intervene of Harold Cassidy Amended filed by Alpha Center, Black Hills Crisis Pregnancy Center. (King, Rory) (Entered: 08/09/2011)	RECAP
51	Aug. 11, 2011	Letter to Hon. Karen Schreier. (Guhin, John) (Entered: 08/11/2011)	RECAP
52	Aug. 12, 2011	ORDER approving 51 Letter re proposed Rule 16(b) scheduling order. Signed by Chief Judge Karen E. Schreier on 8/12/2011. (KC) (Entered: 08/12/2011)	RECAP
53	Oct. 7, 2011	Letter to Judge Karen E. Schreier. (King, Rory) (Entered: 10/07/2011)	RECAP
54	Dec. 27, 2011	ORDER granting 40 Motion to Intervene. Signed by Chief Judge Karen E. Schreier on 12/27/2011. (KC) (Entered: 12/27/2011)	Clearinghouse
55	Jan. 6, 2012	Letter to Judge Schreier. (DeVaney, Patricia) (Entered: 01/06/2012)	RECAP
56	Jan. 18, 2012	ORDER re: intervenors' participation in discovery. Signed by US Magistrate Judge John E. Simko on 1/18/12. (SLW) (Entered: 01/18/2012)	RECAP
	Jan. 18, 2012	Add and Terminate Judges
57	Jan. 26, 2012	MOTION to Amend/Correct 54 Order on Motion to Intervene FRCP Rule 60(b)(6) Motion by All Defendants. (Guhin, John) (Entered: 01/26/2012)	RECAP
58	Jan. 26, 2012	MEMORANDUM in Support re 57 MOTION to Amend/Correct 54 Order on Motion to Intervene FRCP Rule 60(b)(6) Motion filed by All Defendants. (Guhin, John) (Entered: 01/26/2012)	RECAP
59	Feb. 16, 2012	RESPONSE to 57 Motion to Amend/Correct Order on Motion to Intervene FRCP Rule 60(b)(6) Motion filed by Carol E. Ball, Planned Parenthood Minnesota, North Dakota, South Dakota. (Bell, Stephen) (Entered: 02/16/2012)	RECAP
60	Feb. 28, 2012	(FILED IN ERROR) REPLY to 59 Response to State's Rule 60(b)(6) filed by All Defendants. (Guhin, John) Modified on 2/29/2012 (CMS). (Entered: 02/28/2012)	RECAP
61	Feb. 29, 2012	MOTION to Withdraw Attorney of Record DeVaney by Dennis Daugaard, Marty Jackley. (Guhin, John) (Entered: 02/29/2012)	RECAP
62	Feb. 29, 2012	REPLY to 59 Response to State's Rule 60(b)(6) filed by All Defendants. (Guhin, John) (Entered: 02/29/2012)	RECAP
63	Feb. 29, 2012	NOTICE of Appearance by Patricia J. Archer on behalf of Dennis Daugaard, Robert Ferrell, Doneen Hollingsworth, Marty Jackley (Archer, Patricia) (Entered: 02/29/2012)	RECAP
	Feb. 29, 2012	Notice of Filing Error
64	March 1, 2012	PROPOSED Schedule by Dennis Daugaard, Robert Ferrell, Doneen Hollingsworth, Marty Jackley. (Attachments: # 1 Exhibit HB 1254)(Guhin, John) (Entered: 03/01/2012)	RECAP
65	March 5, 2012	TEXT ORDER granting 61 Motion to Withdraw. Signed by Chief Judge Karen E. Schreier on 3/5/2012. (KC) (Entered: 03/05/2012)	RECAP
66	March 15, 2012	ORDER re: Intervenors' participation in discovery. Signed by US Magistrate Judge John E. Simko on 3/15/12. (SLW) (Entered: 03/15/2012)	RECAP
67	March 16, 2012	MOTION to Withdraw as Attorney - Mimi Liu by All Plaintiffs. (Bell, Stephen) (Entered: 03/16/2012)	RECAP
68	March 22, 2012	TEXT ORDER granting 67 Motion to Withdraw as Attorney. Attorney Mimi Y. C. Liu terminated. Signed by Chief Judge Karen E. Schreier on 3/22/2012. (KC) (Entered: 03/22/2012)	RECAP
69	March 28, 2012	ORDER denying 57 Motion to Amend/Correct. Signed by Chief Judge Karen E. Schreier on 3/28/2012. (KC) (Entered: 03/28/2012)	RECAP
70	March 28, 2012	SCHEDULING ORDER: Discovery due by 1/31/2013. Motions due by 4/15/2013. Signed by Chief Judge Karen E. Schreier on 3/28/2012. (KC) (Entered: 03/28/2012)	RECAP
71	May 1, 2012	AMENDED COMPLAINT Second, filed by Carol E. Ball, Planned Parenthood Minnesota, North Dakota, South Dakota. (Attachments: # 1 Exhibit A - HB 1254) (Bell, Stephen) Modified on 5/2/2012 to identify exhibit(CMS). (Entered: 05/01/2012)	RECAP
72	May 15, 2012	MOTION to Extend Deadlines, MOTION Leave to File Third Amended Complaint and Extend Times re 71 Amended Complaint, 70 Scheduling Order by Dennis Daugaard, Robert Ferrell, Doneen Hollingsworth, Marty Jackley. (Guhin, John) (Entered: 05/15/2012)	RECAP
73	May 16, 2012	TEXT ORDER granting 72 Motion to Extend Deadlines allowing plaintiffs until May 21, 2012, to file a Third Amended Complaint; granting 72 Motion to allow defendants and intervenors until June 4, 2012, to file answers to a third amended complaint and excusing any obligation to file answers to the second amended complaint. Signed by Chief Judge Karen E. Schreier on 5/16/2012. (KC) (Entered: 05/16/2012)	RECAP
74	May 18, 2012	AMENDED COMPLAINT - Third, filed by Carol E. Ball, Planned Parenthood Minnesota, North Dakota, South Dakota. (Attachments: # 1 Exhibit A - HB 1254) (Bell, Stephen) (Entered: 05/18/2012)	RECAP
75	May 25, 2012	Joint MOTION Modify Pretrial Schedule by All Plaintiffs. (Bell, Stephen) (Entered: 05/25/2012)	RECAP
76	May 29, 2012	ORDER granting 75 Motion to modify pretrial schedule. Signed by Chief Judge Karen E. Schreier on 5/29/2012. (KC) (Entered: 05/29/2012)	RECAP
77	June 4, 2012	(State Defendants') ANSWER to 1 Complaint (Third) by Dennis Daugaard, Robert Ferrell, Doneen Hollingsworth, Marty Jackley. (Guhin, John) (Entered: 06/04/2012)	RECAP
78	June 4, 2012	ANSWER to 74 Amended Complaint by Alpha Center, Black Hills Crisis Pregnancy Center. (King, Rory) (Entered: 06/04/2012)	RECAP
79	June 12, 2012	MOTION for Attorney Jennifer R. Sandman to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-1431101) by Carol E. Ball, Planned Parenthood Minnesota, North Dakota, South Dakota. (Attachments: # 1 Text of Proposed Order Order to Admit Nonresident Attorney)(Bell, Stephen) (Entered: 06/12/2012)	RECAP
80	June 15, 2012	ORDER granting 79 Motion for Admission Pro Hac Vice of Attorney Jennifer R. Sandman for Carol E. Ball,Jennifer R. Sandman for Planned Parenthood Minnesota, North Dakota, South Dakota. Signed by Chief Judge Karen E. Schreier on 6/15/12. (DJP) (Entered: 06/15/2012)	RECAP
81	June 26, 2012	Motion /STIPULATION re: 39 Order granting Preliminary Injunction by Alpha Center, Carol E. Ball, Black Hills Crisis Pregnancy Center, Dennis Daugaard, Robert Ferrell, Margaret Hansen, Doneen Hollingsworth, Marty Jackley, Planned Parenthood Minnesota, North Dakota, South Dakota. (Attachments: # 1 Exhibit Exhibit 1, # 2 Text of Proposed Order)(Guhin, John) Modified on 6/27/2012 to change event type and add link(SLW). (Entered: 06/26/2012)	RECAP
82	June 27, 2012	ORDER granting 81 Motion to Amend/Correct. The preliminary injunction 39 is dissolved in part and continued in part as stated in this order. Signed by Chief Judge Karen E. Schreier on 6/27/12. (Attachments: # 1 Exhibit 1- Amended Act) (SLW) (Entered: 06/27/2012)	Clearinghouse
83	June 27, 2012	Letter to the Court. (Guhin, John) (Entered: 06/27/2012)	RECAP
84	June 27, 2012	AMENDED ORDER as to 82 Order on Motion to Amend/Correct (dissolving in part and continuing in part the preliminary injunction) Signed by Chief Judge Karen E. Schreier on 6/27/12. (Attachments: # 1 Exhibit 1 - statutes)(DJP) (Entered: 06/27/2012)	RECAP
85	July 13, 2012	JOINT PROPOSAL to 66 ORDER re: Intervenors' participation in discovery by Dennis Daugaard, Robert Ferrell, Doneen Hollingsworth, Marty Jackley. (Guhin, John) (Main Document 85 replaced on 7/20/2012) (CMS). Modified title and link on 7/23/2012 (CMS). (Entered: 07/13/2012)	RECAP
86	July 20, 2012	STATUS REPORT re 66 ORDER re: Intervenors' participation in discovery by Dennis Daugaard, Robert Ferrell, Margaret Hansen, Doneen Hollingsworth, Marty Jackley. (Archer, Patricia) Modified text and link on 7/23/2012 (CMS). (Entered: 07/20/2012)	RECAP
87	July 20, 2012	STATUS REPORT re 66 ORDER re: Intervenors' participation in discovery by Plaintiffs Carol E. Ball, Planned Parenthood Minnesota, North Dakota, South Dakota. (Bell, Stephen) Modified title and link on 7/23/2012 (CMS). (Entered: 07/20/2012)	RECAP
88	July 20, 2012	STATUS REPORT re 66 ORDER re: Intervenors' participation in discovery by Alpha Center, Black Hills Crisis Pregnancy Center. (King, Rory) Modified text and link on 7/23/2012 (CMS). (Entered: 07/20/2012)	RECAP
89	July 27, 2012	REPLY to 87 Brief Plaintiffs' Memorandum Regarding Intervenors' Discovery Guidelines filed by Alpha Center, Black Hills Crisis Pregnancy Center. (King, Rory) (Entered: 07/27/2012)	RECAP
90	July 27, 2012	REPLY to 87 Brief of Plaintiffs filed by Dennis Daugaard, Robert Ferrell, Doneen Hollingsworth, Marty Jackley. (Guhin, John) (Entered: 07/27/2012)	RECAP
91	July 27, 2012	(FILED IN ERROR) RESPONSE to 85 Proposed Schedule, Regarding Intervenors' Discovery Guidelines filed by All Plaintiffs. (Bell, Stephen) Modified on 8/2/2012 (CMS). (Entered: 07/27/2012)	RECAP
92	Aug. 2, 2012	RESPONSE to 85 Proposed Schedule, Regarding Intervenors' Discovery Guidelines filed by All Plaintiffs. (Bell, Stephen) (Entered: 08/02/2012)	RECAP
	Aug. 2, 2012	Notice of Filing Error
93	Aug. 7, 2012	Joint MOTION Modify Pretrial Discovery Schedule Filed on Behalf of All Parties by All Plaintiffs. (Bell, Stephen) Modified event type to Motion to Amend/Correct on 8/10/2012 (CMS). (Entered: 08/07/2012)	RECAP
94	Aug. 15, 2012	ORDER granting 93 Motion to Amend/Correct. Discovery due by 3/18/2013. Motions due by 5/30/2013. Signed by Chief Judge Karen E. Schreier on 8/15/2012. (KC) (Entered: 08/15/2012)	RECAP

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Case Details

State / Territory:

South Dakota

Case Type(s):

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: May 27, 2011

Closing Date: Oct. 21, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Planned Parenthood Minnesota, North Dakota, South Dakota, and a Board Certified obstetrician and gynecologist who provides abortion services in South Dakota.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

South Dakota

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Establishment Clause

Freedom of speech/association

Other Dockets:

District of South Dakota 4:11-cv-04071

U.S. Court of Appeals for the Eighth Circuit 21-02922

U.S. Court of Appeals for the Eighth Circuit 21-02913

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2011 - 2022

Issues

General/Misc.:

Confidentiality

Religious programs / policies

Discrimination Area:

Disparate Impact

Disparate Treatment

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

Reproductive rights:

Abortion

Mandatory delay

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

Undue Burden

Recommended Citation

Case Summary of Planned Parenthood Minnesota, North Dakota, South Dakota v. Daugaard, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/43144/ (last updated 10/5/2022).