Case: Planned Parenthood of Kansas And Mid-Missouri Inc. v. Donnelly

2:07-cv-04164 | U.S. District Court for the Western District of Missouri

Filed Date: Aug. 20, 2007

Closed Date: July 1, 2010

Clearinghouse coding complete

Case Summary

This is a case about Missouri’s Ambulatory Surgical Center Licensing Law, which restricted access to abortion in the state of Missouri. On August 20, 2007, Planned Parenthood of Kansas and Mid-Missouri and a physician providing abortions for Planned Parenthood filed this lawsuit in the Western District of Missouri. Planned Parenthood sued the state of Missouri, Missouri Department of Health and Senior Services, Boone County, and Jackson County, MO under 42 U.S.C. § 1983. Represented by private …

This is a case about Missouri’s Ambulatory Surgical Center Licensing Law, which restricted access to abortion in the state of Missouri. On August 20, 2007, Planned Parenthood of Kansas and Mid-Missouri and a physician providing abortions for Planned Parenthood filed this lawsuit in the Western District of Missouri. Planned Parenthood sued the state of Missouri, Missouri Department of Health and Senior Services, Boone County, and Jackson County, MO under 42 U.S.C. § 1983. Represented by private counsel and the Planned Parenthood Federation of America, Planned Parenthood sought declaratory and injunctive relief as well as attorneys’ fees. They claimed that the Missouri law, which required that abortion providers — even those providing only non-surgical abortions — be licensed as ambulatory surgical centers, violated patients’ right to privacy under the Fourteenth Amendment by unlawfully restricting access to abortion. Upon filing, this case was assigned to Judge Ortrie D. Smith.

Planned Parenthood asked the court to issue a preliminary injunction enjoining Missouri from enforcing the law. The court granted a temporary restraining order one week later, with Judge Ortrie reasoning that Planned Parenthood had a significant likelihood of success on the merits of their lawsuit, and would suffer irreparable harm if the law were to go into effect. An individual physician who provided non-surgical and surgical first-trimester abortions without needing to obtain an ambulatory surgical center license filed a motion to intervene in the lawsuit, which Judge Ortrie granted. The plaintiffs then filed an amended complaint the next day, on September 7, 2007.

On September 10, 2007, Judge Ortrie heard oral arguments on the plaintiffs' motion for a preliminary injunction, before granting the preliminary injunction on September 24, 2007. Judge Ortrie found that Missouri’s law was likely unconstitutional under the Fourteenth Amendment as it would place an undue burden on individuals seeking abortions, the standard established by the Supreme Court in Planned Parenthood v. Casey, 505 U.S. 833,.

Discovery continued and the case was scheduled for a trial in June 2011. Before proceeding to trial, the parties reached a settlement, and on July 1, 2010, Judge Ortrie dismissed the lawsuit with prejudice. The settlement allowed the plaintiffs to continue practicing without requiring compliance with the regulations that would require them to construct new facilities. Instead, the facilities were grandfathered into the new regulations, and the plaintiff physician was permitted to continue providing abortions. The case is now closed.

Summary Authors

Jane Fisher (5/9/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4742837/parties/planned-parenthood-of-kansas-and-mid-missouri-inc-v-donnelly/


Judge(s)

Smith, Ortrie D. (Missouri)

Documents in the Clearinghouse

Documents in this case
1

2:07-cv-04164

Complaint

Planned Parenthood of Kansas and Mid-Missouri Inc. v. Drummond

Aug. 20, 2007

Aug. 20, 2007

Complaint
26

2:07-cv-04164

Order and Opinion Granting Temporary Restraining Order

Planned Parenthood of Kansas and Mid-Missouri Inc. v. Drummond

Aug. 27, 2007

Aug. 27, 2007

Order/Opinion

2007 WL 2463208

47

2:07-cv-04164

First Amended Complaint

Planned Parenthood of Kansas and Mid-Missouri Inc. v. Drummond

Sept. 7, 2007

Sept. 7, 2007

Complaint
74

2:07-cv-04164

Order and Opinion Granting Plaintiffs’ Motions for Preliminary Injunction and Denying Plaintiffs' Motions for Pullman Abstention

Planned Parenthood of Kansas and Mid-Missouri Inc. v. Drummond

Sept. 24, 2007

Sept. 24, 2007

Order/Opinion

2007 WL 2811407

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4742837/planned-parenthood-of-kansas-and-mid-missouri-inc-v-donnelly/

Last updated April 17, 2026, 4:57 a.m.

ECF Number Date Description Link
1 Aug. 20, 2007

COMPLAINT against Jane Drummond, Jay Nixon, Daniel Knight, James F Kanatzar (Filing fee $350 receipt number 1587170) Service due by 12/21/2007. filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc.. (Attachments: # 1 Exhibit A - Missouri HB 1055# 2 Exhibit B - Governor's Column# 3 Exhibit C - Article, Baptists Rejoice# 4 Notice of Exhibit Attachment Exhibit D# 5 Exhibit E - Mo Code Regs)(Benson, Arthur) Additional attachment(s) added on 8/22/2007 (Richardson, Glenda). Modified on 3/1/2010 to reflect receipt of paper exhibits in JC Clerk's Office (Russel, Jeri). (Entered: 08/20/2007)

Clearinghouse
2 Aug. 20, 2007

MOTION for preliminary injunction Plaintiff's Motion for Preliminary Injunction and for Expedited Briefing and Hearing on that Motion or for a Temporary Restraining Order Pending the Outcome of that Motion filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc.. Suggestions in opposition/response due by 9/7/2007 unless otherwise directed by the court. (Benson, Arthur) (Entered: 08/20/2007)

RECAP
3 Aug. 20, 2007

MOTION for leave to file excess pages filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc.. Suggestions in opposition/response due by 9/7/2007 unless otherwise directed by the court. (Benson, Arthur) (Entered: 08/20/2007)

RECAP
4 Aug. 20, 2007

AFFIDAVIT re 1 Complaint, 2 MOTION for preliminary injunction Plaintiff's Motion for Preliminary Injunction and for Expedited Briefing and Hearing on that Motion or for a Temporary Restraining Order Pending the Outcome of that Motion Declaration of Peter Brownlie by Planned Parenthood of Kansas And Mid-Missouri Inc.. (Attachments: # 1 Exhibit 1 - July 18, 2007 letter# 2 Exhibit 2 - July 31, 2007 Letter# 3 Exhibit 3 - Brous Application# 4 Exhibit 4 - Columbia Waiver Application)(Related document(s) 1, 2 ) (Benson, Arthur) (Entered: 08/20/2007)

RECAP
5 Aug. 20, 2007

Motion to allow Roger Evans to appear pro hac vice (Pro Hac fee $50 receipt number 1587268) filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc.. (Benson, Arthur) (Entered: 08/20/2007)

RECAP
6 Aug. 20, 2007

Motion to allow Eve Gartner to appear pro hac vice (Pro Hac fee $50 receipt number 1587276) filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc.. (Benson, Arthur) (Entered: 08/20/2007)

RECAP
7 Aug. 20, 2007

ORDER entered by Judge Nanette Laughrey granting 3 Plaintiff's Motion for Leave to File Excess Pages. (Text entry only - no document attached) (Kanies, Renea) (Entered: 08/20/2007)

RECAP
8 Aug. 20, 2007

SUGGESTIONS in support re 2 MOTION for preliminary injunction Plaintiff's Motion for Preliminary Injunction and for Expedited Briefing and Hearing on that Motion or for a Temporary Restraining Order Pending the Outcome of that Motion filed by Arthur A. Benson on behalf of Plaintiff Planned Parenthood of Kansas And Mid-Missouri Inc.. (Attachments: # 1 Exhibit A - Order, September 16, 2005, No. 05-4296-CV-C-NKL# 2 Exhibit B - Bench Opinion, No. 3:96CV596BN, part 1# 3 Exhibit B - Bench Opinionm No. 3:96CV596BN, Part 2)(Related document(s) 2 ) (Benson, Arthur) (Entered: 08/20/2007)

RECAP
9 Aug. 20, 2007

LETTER OF REASSIGNMENT from Judge Nanette K. Laughrey to Judge Ortrie D. Smith. (Price, Jackie) (Entered: 08/20/2007)

RECAP
10 Aug. 20, 2007

ORDER granting 5 motion to appear pro hac vice approved by Clerk of Court. Attorney Eve Gartner & Roger K. Evans for Planned Parenthood of Kansas And Mid-Missouri Inc. allowed to appear pro hac vice. This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. (Bax, Laura) (Entered: 08/20/2007)

RECAP
11 Aug. 21, 2007

NOTICE of filing by Jay Nixon Entry of Appearance (Pritchett, Michael) (Entered: 08/21/2007)

RECAP
12 Aug. 22, 2007

NOTICE of appearance by Kevin H. Theriot on behalf of Jane Drummond (Theriot, Kevin) (Entered: 08/22/2007)

RECAP
13 Aug. 22, 2007

Motion to allow Dale Schowengerdt to appear pro hac vice (Pro Hac fee $50 receipt number 1589212) filed by Kevin H. Theriot on behalf of Jane Drummond. (Attachments: # 1 Exhibit List of jurisdictions)(Theriot, Kevin) (Entered: 08/22/2007)

RECAP
14 Aug. 22, 2007

ORDER setting hearing on motion 2 MOTION for preliminary injunction. Motion Hearing set for Thursday, 8/23/2007 02:30 PM in Courtroom 8C, Kansas City (ODS) before Judge Ortrie Smith. Signed by Judge Ortrie D. Smith on 08/22/2007. (Will-Fees, Eva) (Entered: 08/22/2007)

RECAP
15 Aug. 22, 2007

ORDER granting 13 motion to appear pro hac vice approved by Clerk of Court. Attorney Dale Schowengerdt for Jane Drummond allowed to appear pro hac vice. This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. (Bax, Laura) (Entered: 08/22/2007)

RECAP
22 Aug. 23, 2007

Minute Entry. Proceedings held before Judge Ortrie D. Smith : MOTION HEARING held on 8/23/2007 re 2 MOTION for preliminary injunction. (Court Reporter Cynthia Johnson.) (Will-Fees, Eva) (Entered: 08/27/2007)

RECAP
23 Aug. 23, 2007

EXHIBIT INDEX by Jane Drummond, Jay Nixon, Daniel Knight, James F Kanatzar. (Kee, Georgia) (Entered: 08/27/2007)

RECAP
24 Aug. 23, 2007

EXHIBIT INDEX by Planned Parenthood of Kansas And Mid-Missouri Inc.. (Kee, Georgia) (Entered: 08/27/2007)

RECAP
16 Aug. 24, 2007

NOTICE of filing by Jane Drummond Entry of Appearance (Pritchett, Michael) (Entered: 08/24/2007)

RECAP
17 Aug. 24, 2007

NOTICE of appearance by Emily A. Dodge on behalf of Jane Drummond, Jay Nixon (Dodge, Emily) (Entered: 08/24/2007)

RECAP
18 Aug. 24, 2007

SUGGESTIONS in opposition re 2 MOTION for preliminary injunction Plaintiff's Motion for Preliminary Injunction and for Expedited Briefing and Hearing on that Motion or for a Temporary Restraining Order Pending the Outcome of that Motion on behalf of Defendant Jane Drummond filed by Kevin H. Theriot on behalf of Defendant Jane Drummond. Reply suggestions due by 9/10/2007 unless otherwise directed by the court (Attachments: # 1 Exhibit Planned Parenthood Fact Sheet# 2 Exhibit World Health Organization Guidelines# 3 Exhibit National Abortion Federation Guidelines)(Related document(s) 2 ) (Theriot, Kevin) (Entered: 08/24/2007)

RECAP
19 Aug. 24, 2007

AFFIDAVIT re 18 Suggestions in Opposition to Motion,, of Dean Linneman by Jane Drummond. (Related document(s) 18 ) (Theriot, Kevin) (Entered: 08/24/2007)

RECAP
20 Aug. 24, 2007

SUGGESTIONS in opposition re 2 MOTION for preliminary injunction Plaintiff's Motion for Preliminary Injunction and for Expedited Briefing and Hearing on that Motion or for a Temporary Restraining Order Pending the Outcome of that Motion filed by Michael Pritchett on behalf of Defendants Jane Drummond, Jay Nixon. Reply suggestions due by 9/10/2007 unless otherwise directed by the court (Related document(s) 2 ) (Pritchett, Michael) (Entered: 08/24/2007)

RECAP
21 Aug. 24, 2007

MOTION for leave to file excess pages filed by Kevin H. Theriot on behalf of Jane Drummond. Suggestions in opposition/response due by 9/10/2007 unless otherwise directed by the court. (Theriot, Kevin) (Entered: 08/24/2007)

RECAP
26 Aug. 27, 2007

ORDER and OPINION granting 2 Temporary Restraining Order. Preliminary Injunction Hearing set Monday, 09/10/2007 at 9:00 a.m. Signed by Judge Ortrie D. Smith on 08/27/2007. (Will-Fees, Eva) (Entered: 08/27/2007)

Clearinghouse
25 Aug. 27, 2007

NOTICE of filing by Jane Drummond Regarding Representation (Theriot, Kevin) (Entered: 08/27/2007)

RECAP
27 Aug. 29, 2007

MOTION to intervene filed by Teresa A. Woody on behalf of Allen Palmer. Suggestions in opposition/response due by 9/13/2007 unless otherwise directed by the court. (Attachments: # 1 Exhibit A - Intervenor Complaint# 2 Exhibit Exhibits to Intervenor Complaint# 3 Exhibit B - Motion for TRO# 4 Exhibit C - TRO Suggestions# 5 Exhibit D - Declaration of Allen Palmer, D.O.# 6 Exhibit E - Declaration of Constance Y. Vogler)(Woody, Teresa) (Entered: 08/29/2007)

RECAP
28 Aug. 29, 2007

SUGGESTIONS in support re 27 MOTION to intervene filed by Teresa A. Woody on behalf of Intervenor Plaintiff Allen Palmer. (Related document(s) 27 ) (Woody, Teresa) (Entered: 08/29/2007)

RECAP
29 Aug. 29, 2007

ORDER setting hearing on motion 27 MOTION to intervene : Motion Hearing set for 8/31/2007 10:00 AM in Courtroom 8C, Kansas City (ODS) before Judge Ortrie Smith. Signed by Judge Ortrie D. Smith on 08/29/2007. (Wolfe, Steve) (Entered: 08/29/2007)

RECAP
30 Aug. 30, 2007

Motion to allow Bonnie Jones to appear pro hac vice (Pro Hac fee $50 receipt number 26008) filed by Teresa A. Woody on behalf of Allen Palmer. (Woody, Teresa) (Entered: 08/30/2007)

RECAP
31 Aug. 30, 2007

Motion to allow Janet Crepps to appear pro hac vice (Pro Hac fee $50 receipt number 260007) filed by Teresa A. Woody on behalf of Allen Palmer. (Woody, Teresa) (Entered: 08/30/2007)

RECAP
32 Aug. 30, 2007

ORDER granting 30 31 motions to appear pro hac vice approved by Clerk of Court. Attorneys Janet L. Crepps & Bonnie S. Jones for Allen Palmer allowed to appear pro hac vice. This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. (Bax, Laura) (Entered: 08/30/2007)

RECAP
33 Aug. 30, 2007

NOTICE of appearance by John L Patton on behalf of Daniel Knight (Patton, John) (Entered: 08/30/2007)

RECAP
34 Aug. 30, 2007

ANSWER to Complaint filed by John L Patton on behalf of Defendant Daniel Knight.(Patton, John) (Entered: 08/30/2007)

RECAP
63 Aug. 30, 2007

TRANSCRIPT of Hearing on TRO held on August 23, 2007 before Judge Ortrie Smith. Court Reporter: Cynthia Johnson. (Russel, Jeri) (3 Part transcript added on 3/2/2010: # 1 Part 2, # 2 Part 3) (Russel, Jeri). Modified on 3/2/2010 (Russel, Jeri). (Entered: 09/12/2007)

RECAP
35 Aug. 31, 2007

SUGGESTIONS in opposition re 27 MOTION to intervene filed by Kevin H. Theriot on behalf of Defendant Jane Drummond. Reply suggestions due by 9/17/2007 unless otherwise directed by the court (Related document(s) 27 ) (Theriot, Kevin) (Entered: 08/31/2007)

RECAP
37 Aug. 31, 2007

Minute Entry. Proceedings held before Judge Ortrie D. Smith : MOTION HEARING held on 8/31/2007 re 27 MOTION to intervene filed by Allen Palmer and Motion for Tempoary Restraining Order. (Court Reporter Donna Turner.) (McIlvain, Kelly) Additional attachment(s) (exhibit index) added on 9/5/2007 (Kee, Georgia). (Entered: 09/05/2007)

RECAP
36 Sept. 5, 2007

TRANSCRIPT of Hearing on Intervenor's Motion for Temporary Restraining Order held on August 31, 2007 before Judge Ortrie D. Smith. Court Reporter: Donna M. Turner. This is a text entry only - no document is attached. The transcript is available for review in the Clerk's Office. Please contact the court reporter listed above for copies. (Baldwin, Joella) (Additional attachment(s) added on 3/3/2010: # 1 Part 2, # 2 Part 3) (Russel, Jeri). (Entered: 09/05/2007)

RECAP
38 Sept. 6, 2007

ORDER and OPINION granting 27 motion to intervene and for Temporary Restraining Order. Signed by Judge Ortrie D. Smith on 09/06/2007. (Will-Fees, Eva) (Entered: 09/06/2007)

RECAP
39 Sept. 6, 2007

Motion to allow Jennifer Sandman to appear pro hac vice (Pro Hac fee $50 receipt number 1598708) filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc.. (Benson, Arthur) (Entered: 09/06/2007)

RECAP
40 Sept. 7, 2007

MOTION to amend/correct filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc.. Suggestions in opposition/response due by 9/24/2007 unless otherwise directed by the court. (Benson, Arthur) (Entered: 09/07/2007)

RECAP
41 Sept. 7, 2007

ORDER granting 39 motion to appear pro hac vice approved by Clerk of Court. Attorney Jennifer Sandman for Planned Parenthood of Kansas And Mid-Missouri Inc. allowed to appear pro hac vice. This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. (Russel, Jeri) (Entered: 09/07/2007)

RECAP
42 Sept. 7, 2007

AFFIDAVIT Brownlie, Peter by Planned Parenthood of Kansas And Mid-Missouri Inc.. (Benson, Arthur) (Entered: 09/07/2007)

RECAP
43 Sept. 7, 2007

ORDER granting 40 motion to amend the Complaint. Signed by Judge Ortrie D. Smith on 09/07/2007. (Will-Fees, Eva) (Entered: 09/07/2007)

RECAP
44 Sept. 7, 2007

AMENDED COMPLAINT against all defendants filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc..(Benson, Arthur) (Entered: 09/07/2007)

RECAP
45 Sept. 7, 2007

MOTION for leave to file excess pages filed by Teresa A. Woody on behalf of Allen Palmer. Suggestions in opposition/response due by 9/24/2007 unless otherwise directed by the court. (Woody, Teresa) (Entered: 09/07/2007)

RECAP
46 Sept. 7, 2007

ORDER granting 45 motion for leave to file excess pages. Signed by Judge Ortrie D. Smith on 09/07/2007. (Will-Fees, Eva) (Entered: 09/07/2007)

RECAP
47 Sept. 7, 2007

AMENDED COMPLAINT against all defendants filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc..(Benson, Arthur) (Entered: 09/07/2007)

Clearinghouse
48 Sept. 7, 2007

Intervenor COMPLAINT Drummond & Nixon Service due by 1/10/2008. filed by Teresa A. Woody on behalf of Allen Palmer. (Attachments: # 1 Exhibit Exhibits A-C)(Woody, Teresa) (Entered: 09/07/2007)

RECAP
49 Sept. 7, 2007

SUGGESTIONS in opposition re 2 MOTION for preliminary injunction Plaintiff's Motion for Preliminary Injunction and for Expedited Briefing and Hearing on that Motion or for a Temporary Restraining Order Pending the Outcome of that Motion, 27 MOTION to intervene filed by Dale Schowengerdt on behalf of Defendant Jane Drummond. Reply suggestions due by 9/24/2007 unless otherwise directed by the court (Attachments: # 1 Exhibit Comparison of Standardized Guidelines# 2 Exhibit NAF Guidelines# 3 Exhibit Planned Parenthood Manual# 4 Exhibit WHO Safe Abortion Guidelines# 5 Exhibit ACOG Guidelines# 6 Exhibit AIA Guidelines# 7 Exhibit Gary and Harrison Article# 8 Exhibit U.S. House Staff Report# 9 Exhibit Miech Article# 10 Exhibit FDA Mifeprex Q & A# 11 Exhibit FDA Mifeprex Label# 12 Exhibit FDA Mifeprex Medication Guide# 13 Exhibit AIA Outpatient Facilities Guidelines)(Related document(s) 2, 27 ) (Schowengerdt, Dale) (Entered: 09/07/2007)

RECAP
50 Sept. 7, 2007

MOTION for leave to file excess pages filed by Dale Schowengerdt on behalf of Jane Drummond. Suggestions in opposition/response due by 9/24/2007 unless otherwise directed by the court. (Schowengerdt, Dale) (Entered: 09/07/2007)

RECAP
51 Sept. 7, 2007

MOTION for leave to file excess pages (Brief) filed by Emily A. Dodge on behalf of Jane Drummond, Jay Nixon. Suggestions in opposition/response due by 9/24/2007 unless otherwise directed by the court. (Attachments: # 1 Brief# 2 Exhibit A# 3 Exhibit B)(Dodge, Emily) (Entered: 09/07/2007)

RECAP
52 Sept. 7, 2007

SUGGESTIONS in support re 27 MOTION to intervene for Preliminary Injunction filed by Teresa A. Woody on behalf of Intervenor Plaintiff Allen Palmer. (Related document(s) 27 ) (Woody, Teresa) (Entered: 09/07/2007)

RECAP
53 Sept. 7, 2007

ORDER granting 50 motion for leave to file excess pages; granting 51 motion for leave to file excess pages; waiving page limitation for documents filed September 7, 2007. Signed by Judge Ortrie D. Smith on 09/07/2007. (Todd, Lindsay) (Entered: 09/07/2007)

RECAP
54 Sept. 7, 2007

NOTICE of filing by Planned Parenthood of Kansas And Mid-Missouri Inc. Supplemental Suggestions in Support of Motion for a Preliminary Injunction (Benson, Arthur) (Entered: 09/07/2007)

RECAP
55 Sept. 7, 2007

MOTION for leave to file excess pages filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc.. Suggestions in opposition/response due by 9/24/2007 unless otherwise directed by the court. (Benson, Arthur) (Entered: 09/07/2007)

RECAP
56 Sept. 7, 2007

NOTICE of filing by Planned Parenthood of Kansas And Mid-Missouri Inc. re 54 Notice of filing Chart of Regulations, Attachment to Supplemental Suggestions (Benson, Arthur) (Entered: 09/07/2007)

RECAP
Sept. 7, 2007

NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 9/7/07 as Document No. 44, AMENDED COMPLAINT. The document has been deleted as the incorrect document was filed. Counsel will refile the correct document. This is a text entry only - no document is attached. (Kee, Georgia)

57 Sept. 8, 2007

MOTION to strike Brief filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc.. Suggestions in opposition/response due by 9/24/2007 unless otherwise directed by the court. (Benson, Arthur) (Entered: 09/08/2007)

RECAP
58 Sept. 8, 2007

NOTICE of filing by Planned Parenthood of Kansas And Mid-Missouri Inc. Motion for Abstention (Benson, Arthur) (Entered: 09/08/2007)

RECAP
59 Sept. 9, 2007

NOTICE of filing by Allen Palmer re 52 Suggestions in Support of Motion Appendix to Suggestions Palmer Chart (Crepps, Janet) (Entered: 09/09/2007)

RECAP
60 Sept. 10, 2007

Minute Entry. Proceedings held before Judge Ortrie D. Smith : PRELIMINARY INJUNCTION HEARING held on 9/10/2007. (Court Reporter Cynthia Johnson.) (Will-Fees, Eva) (Entered: 09/11/2007)

RECAP
61 Sept. 10, 2007

EXHIBIT INDEX by Planned Parenthood of Kansas And Mid-Missouri Inc., Allen Palmer. (Kee, Georgia) (Entered: 09/11/2007)

RECAP
62 Sept. 10, 2007

EXHIBIT INDEX by Jane Drummond, Jay Nixon, Daniel Knight, James F Kanatzar. (Kee, Georgia) (Entered: 09/11/2007)

RECAP
64 Sept. 13, 2007

NOTICE of filing by Allen Palmer re 58 Notice of filing Motion for Abstention and Suggestions (Woody, Teresa) (Entered: 09/13/2007)

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65 Sept. 17, 2007

NOTICE of filing by Jane Drummond re 64 Notice of filing, 58 Notice of filing Suggestions in Opposition to Plaintiffs' Motions for Abstention (Schowengerdt, Dale) (Entered: 09/17/2007)

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66 Sept. 17, 2007

NOTICE of filing by Jane Drummond, Jay Nixon State Defendants' Opposition to Both Plaintiffs' Motions for Pullman Abstention Witn an England Reservation of Rights (Pritchett, Michael) (Entered: 09/17/2007)

RECAP
67 Sept. 19, 2007

TRANSCRIPT of Preliminary Injunction Hearing held on September 10, 2007 before Judge Ortrie D. Smith. Court Reporter: Cynthia M. Johnson. This is a text entry only - no document is attached. The transcript is available for review in the Clerk's Office. Please contact the court reporter listed above for copies. (Beard, Melanie) (Entered: 09/19/2007)

RECAP
68 Sept. 19, 2007

NOTICE of filing by Allen Palmer Further Suggestions in Support of Motion for Abstention (Woody, Teresa) (Entered: 09/19/2007)

RECAP
69 Sept. 19, 2007

MOTION for leave to file excess pages filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc.. Suggestions in opposition/response due by 10/4/2007 unless otherwise directed by the court. (Benson, Arthur) Additional attachment(s) added on 9/20/2007 (James, Carrie). (Entered: 09/19/2007)

RECAP
70 Sept. 19, 2007

Document no. 70 has been deleted and refiled as an attachment to document 69. Originally filed as NOTICE of filing by Planned Parenthood of Kansas And Mid-Missouri Inc. Reply in Support of Motion for Abstention ( (Entered: 09/19/2007)

RECAP
Sept. 20, 2007

NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 9/19/07 as Document No. 70, Notice of Filing. The document has been deleted as the motion for leave to file the document has not been granted. This is a text entry only - no document is attached. (James, Carrie)

71 Sept. 21, 2007

ORDER granting 69 motion for leave to file excess pages Signed by Judge Ortrie D. Smith on 09/21/2007. (Todd, Lindsay) (Entered: 09/21/2007)

RECAP
72 Sept. 21, 2007

NOTICE of filing by Planned Parenthood of Kansas And Mid-Missouri Inc. Reply Suggestions in Support of Abstention Motion (Benson, Arthur) (Entered: 09/21/2007)

RECAP
74 Sept. 24, 2007

ORDER and OPINION granting Plalintiffs' Motions for Preliminary Injunction(Docs. #54 & 52) and denying Plaintiffs' Motions for Pullman Abstention(Docs. #58 & 64). Signed by Judge Ortrie D. Smith on 09/24/2007. (Will-Fees, Eva) (Entered: 09/24/2007)

Clearinghouse
73 Sept. 24, 2007

SUGGESTIONS in opposition re 57 MOTION to strike Brief filed by Dale Schowengerdt on behalf of Defendant Jane Drummond. Reply suggestions due by 10/12/2007 unless otherwise directed by the court (Related document(s) 57 ) (Schowengerdt, Dale) (Entered: 09/24/2007)

RECAP
75 Sept. 25, 2007

Rule 16 Noticeproposed scheduling order due by 11/19/2007, rule 26 conference due by 11/9/2007. Signed by Judge Ortrie D. Smith on 09/25/2007. (Will-Fees, Eva) (Entered: 09/25/2007)

RECAP
76 Oct. 10, 2007

Motion to allow Helene Krasnoff to appear pro hac vice (Pro Hac fee $50 receipt number 260731) filed by Arthur A. Benson on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc.. (Benson, Arthur) (Entered: 10/10/2007)

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77 Oct. 10, 2007

DISCLOSURE OF CORPORATE INTERESTS filed by Jennifer Sandman on behalf of Plaintiff Planned Parenthood of Kansas And Mid-Missouri Inc..(Sandman, Jennifer) (Entered: 10/10/2007)

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78 Oct. 11, 2007

ORDER granting 76 motion to appear pro hac vice approved by Clerk of Court. Attorney Helene T. Krasnoff for Planned Parenthood of Kansas And Mid-Missouri Inc. allowed to appear pro hac vice. This is a text only entry and will serve as authorization for the pro hac participation by the attorney. No document is attached. Signed by Judge Unassigned on 10/11/07. (James, Carrie) (Entered: 10/11/2007)

RECAP
79 Oct. 16, 2007

Joint MOTION for extension of time for Filing of Joint Proposed Scheduling Order and for Rule 26(f) Conference filed by Jennifer Sandman on behalf of all parties. Suggestions in opposition/response due by 11/1/2007 unless otherwise directed by the court. (Sandman, Jennifer) (Entered: 10/16/2007)

RECAP
80 Oct. 17, 2007

ORDER granting 79 motion for extension of time. Rule 26(f) conference shall take place no later than 01/09/2008 and Proposed Plan filed on or before 01/21/2008. Signed by Judge Ortrie D. Smith on 10/17/2007. (Will-Fees, Eva) (Entered: 10/17/2007)

RECAP
81 Oct. 22, 2007

Consent MOTION for extension of time for waiver negotiations filed by Jennifer Sandman on behalf of Planned Parenthood of Kansas And Mid-Missouri Inc.. Suggestions in opposition/response due by 11/8/2007 unless otherwise directed by the court. (Sandman, Jennifer) (Entered: 10/22/2007)

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82 Oct. 23, 2007

ORDER granting 81 motion for extension of time. Signed by Judge Ortrie D. Smith on 10/23/2007. (Will-Fees, Eva) (Entered: 10/23/2007)

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83 Nov. 13, 2007

WAIVER OF SERVICE returned unexecuted as to Planned Parenthood of Kansas and Mid-Missouri and Intervenor Dr. Allen Palmer, filed by Jay Nixon. (Pritchett, Michael) (Entered: 11/13/2007)

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84 Nov. 14, 2007

ORDER denying 57 motion to strike. Signed by Judge Ortrie D. Smith on 11/14/2007. (Will-Fees, Eva) (Entered: 11/14/2007)

RECAP
85 Nov. 16, 2007

MOTION for extension of time for waiver/deviation negotiations with Intervenor-Plaintiff Dr. Palmer filed by Dale Schowengerdt on behalf of Jane Drummond. Suggestions in opposition/response due by 12/3/2007 unless otherwise directed by the court. (Schowengerdt, Dale) (Entered: 11/16/2007)

RECAP
86 Nov. 16, 2007

WAIVER OF SERVICE returned unexecuted as to Planned Parenthood of Kansas and Mid-Missouri and Intervenor Dr. Allen Palmer, filed by Jane Drummond. (Schowengerdt, Dale) (Entered: 11/16/2007)

RECAP
87 Nov. 16, 2007

MOTION for extension of time "Consent Motion to Extend Schedule for Waiver/Deviation Negotiations with Plaintiff Palmer" filed by Michael Pritchett on behalf of Jane Drummond, Jay Nixon. Suggestions in opposition/response due by 12/3/2007 unless otherwise directed by the court. (Pritchett, Michael) (Entered: 11/16/2007)

RECAP
88 Nov. 19, 2007

ORDER granting 85 87 motions to extend schedule Signed by Judge Ortrie D. Smith on 11/19/2007. (Todd, Lindsay) (Entered: 11/19/2007)

RECAP
89 Nov. 19, 2007

ANSWER to Amended Complaint filed by John L Patton on behalf of Defendant Daniel Knight.(Patton, John) (Entered: 11/19/2007)

RECAP
90 Dec. 14, 2007

Defendant Jane Drummond's ANSWER to Amended Complaint of Planned Parenthood of Kansas and Mid-Missouri filed by Dale Schowengerdt on behalf of Defendant Jane Drummond.(Schowengerdt, Dale) (Entered: 12/14/2007)

RECAP
91 Dec. 14, 2007

Defendant Jane Drummond's ANSWER to Intervenor Complaint of Dr. Allen Palmer filed by Dale Schowengerdt on behalf of Defendant Jane Drummond.(Schowengerdt, Dale) (Entered: 12/14/2007)

RECAP
92 Dec. 14, 2007

STATE DEFENDANTS ANSWER to Amended Complaint OF PLANNED PARENTHOOD filed by Michael Pritchett on behalf of Defendant Jay Nixon.(Pritchett, Michael) (Entered: 12/14/2007)

RECAP
93 Dec. 14, 2007

STATE DEFENDANTS' ANSWER toIntervenor Complaint of Dr. Allen Palmer filed by Michael Pritchett on behalf of Defendant Jay Nixon.(Pritchett, Michael) Modified on 12/17/2007 to correct docket text (Bax, Laura). (Entered: 12/14/2007)

RECAP
94 Dec. 21, 2007

Consent MOTION for extension of time for Waiver/Deviation Negotiations, Rule 26(f) Conference, and Proposed Discivery Plan filed by Dale Schowengerdt on behalf of Jane Drummond. Suggestions in opposition/response due by 1/7/2008 unless otherwise directed by the court. (Schowengerdt, Dale) (Entered: 12/21/2007)

RECAP
95 Dec. 27, 2007

ORDER granting 94 motion for extension of time. Ruel 26(f) conference shall take place no later than 03/07/2008 and Proposed Plan filed on or before 03/19/2008. Signed by Judge Ortrie D. Smith on 12/27/2007. (Will-Fees, Eva) (Entered: 12/27/2007)

RECAP
96 Feb. 11, 2008

MOTION for leave to file Answer to First Amended Complaint filed by Arthur A. Hogg on behalf of James F Kanatzar. Suggestions in opposition/response due by 2/26/2008 unless otherwise directed by the court. (Hogg, Arthur) (Entered: 02/11/2008)

RECAP
97 Feb. 12, 2008

ORDER granting 96 motion for leave to file Answer on or before 02/15/2008. Signed by District Judge Ortrie D. Smith on 02/12/2008. (Will-Fees, Eva) (Entered: 02/12/2008)

RECAP
98 Feb. 12, 2008

Defendant Kanatzar's ANSWER to 47 Amended Complaint filed by Arthur A. Hogg on behalf of Defendant James F Kanatzar.(Hogg, Arthur) (Entered: 02/12/2008)

RECAP

Case Details

State / Territory:

Missouri

Case Type(s):

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: Aug. 20, 2007

Closing Date: July 1, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Planned Parenthood of Kansas and Mid-Missouri, an abortion provider in the state of Missouri, as well as an individual physician who provided abortions in the state.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

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

State

Missouri Department of Health and Human Services

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process: Substantive Due Process

Other Dockets:

Western District of Missouri 2:07-cv-04164

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Issues

Affected Sex/Gender(s):

Female

Medical/Mental Health Care:

Medical care, general

Reproductive rights:

Abortion

Facility requirements

Licensing restriction

Medication abortion

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

Time-based abortion prohibition

Undue Burden

Recommended Citation