Case: Whole Woman's Health Alliance v. Paxton

1:18-cv-00500 | U.S. District Court for the Western District of Texas

Filed Date: June 14, 2018

Closed Date: July 22, 2022

Clearinghouse coding complete

Case Summary

This is a case about abortion access in Texas. On June 14, 2018, six non-profit organizations advocating for abortion access in Texas filed this lawsuit in the U.S. District Court for the Western District of Texas. Plaintiffs sued the Texas Attorney General (Ken Paxton), as well as officials in the Texas Health & Human Services Commission, the Texas Department of State Health Services, the Texas Medical Board, and the University of Texas System, under 42 U.S.C. § 1983. Represented by the Lawyer…

This is a case about abortion access in Texas. On June 14, 2018, six non-profit organizations advocating for abortion access in Texas filed this lawsuit in the U.S. District Court for the Western District of Texas. Plaintiffs sued the Texas Attorney General (Ken Paxton), as well as officials in the Texas Health & Human Services Commission, the Texas Department of State Health Services, the Texas Medical Board, and the University of Texas System, under 42 U.S.C. § 1983. Represented by the Lawyering Project and private counsel, plaintiffs sought a declaratory judgment, and asked the court to permanently enjoin defendants from enforcing the challenged laws. Plaintiffs challenged five categories of Texas abortion restrictions: (1) targeted regulation of abortion provider (TRAP) laws; (2) laws that denied abortion patients the benefits of scientific progress by limiting access to medication abortion; (3) biased counseling and mandatory waiting-period laws; (4) laws that burdened pregnant teenagers who lacked parental support, including mandatory parent notification and consent requirements; and (5) laws that criminalized abortion care. They claimed that these laws were unduly burdensome, violating their equal protection, substantive due process, and free speech rights. They also challenged the University of Texas System’s practice of denying its students college credit for internships and field placements with organizations that advocated for and facilitated abortion rights, which they argued was based on an unconstitutionally vague provision in Texas’s General Appropriations Act. The case was assigned to Judge Lee Yeakel.

The case was stayed in February 2020 by the court, pending a decision by the U.S. Supreme Court in a different reproductive rights case, June Medical Services v Russo. The case involved a challenge to a Louisiana law that required physicians performing abortions at abortion clinics to have admitting privileges at nearby hospitals. In a 5-4 decision in June 2020, the Supreme Court ruled that the Louisiana law was unconstitutional, as it placed an undue burden on access to abortion. 140 S.Ct. 2103. The stay was lifted July 23, 2020, and the case resumed.

While the case was pending, the Supreme Court decided Dobbs v. Jackson Woman’s Health Organization in June 2022, overruling precedent which held that the Constitution protected abortion access as a fundamental right. 142 S.Ct. 2228. Following Dobbs, Texas began enforcing a pair of abortion bans that prohibited abortion at all gestational ages in nearly all circumstances.  These bans rendered the laws and policies challenged in this case largely moot. As a result, the plaintiffs voluntarily dismissed the case in July 2022.

The case was closed July 22, 2022.

Summary Authors

Simran Takhar (11/19/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7162140/parties/whole-womans-health-alliance-v-ken-paxton/


Documents in the Clearinghouse

Documents in this case
1

1:18-cv-00500

Complaint

June 14, 2018

June 14, 2018

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7162140/whole-womans-health-alliance-v-ken-paxton/

Last updated April 14, 2026, 5:25 a.m.

ECF Number Date Description Link
1 June 14, 2018

COMPLAINT ( Filing fee $ 400 receipt number 0542-10902346), filed by Whole Woman's Health Alliance. (Attachments: # 1 Civil Cover Sheet)(Toti, Stephanie) (Attachment 1 replaced and flattened on 6/14/2018) (cj). (Entered: 06/14/2018)

1 Civil Cover Sheet

View on PACER

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2 June 14, 2018

Letters sent to Amanda Allen, David Brown, Juanluis Rodriguez, and Dipti Singh for Whole Woman's Health Alliance et al re: non-admitted status. (cj) (Entered: 06/14/2018)

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3 June 14, 2018

REQUEST FOR ISSUANCE OF SUMMONS by Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund, Whole Woman's Health Alliance. (Toti, Stephanie) (Entered: 06/14/2018)

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June 14, 2018

Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj)

4 June 15, 2018

Summons Issued as to All Defendants. (lt) (Entered: 06/15/2018)

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5 June 21, 2018

NOTICE of Attorney Appearance by Andrew Bowman Stephens on behalf of Larry R. Faulkner, PH.D., Scott Freshour, John W. Hellerstedt, M.D., Ken Paxton, Cecile Young. Attorney Andrew Bowman Stephens added to party Larry R. Faulkner, PH.D.(pty:dft), Attorney Andrew Bowman Stephens added to party Scott Freshour(pty:dft), Attorney Andrew Bowman Stephens added to party John W. Hellerstedt, M.D.(pty:dft), Attorney Andrew Bowman Stephens added to party Ken Paxton(pty:dft), Attorney Andrew Bowman Stephens added to party Cecile Young(pty:dft) (Stephens, Andrew) (Entered: 06/21/2018)

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6 June 21, 2018

MOTION to Appear Pro Hac Vice by Stephanie Toti (Amanda Allen) ( Filing fee $ 100 receipt number 0542-10930315) by on behalf of Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund, Whole Woman's Health Alliance. (Toti, Stephanie) (Entered: 06/21/2018)

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7 June 21, 2018

MOTION to Appear Pro Hac Vice by Stephanie Toti (David Brown) ( Filing fee $ 100 receipt number 0542-10930341) by on behalf of Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund, Whole Woman's Health Alliance. (Toti, Stephanie) (Entered: 06/21/2018)

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8 June 21, 2018

MOTION to Appear Pro Hac Vice by Stephanie Toti (Juanluis Rodriguez) ( Filing fee $ 100 receipt number 0542-10930362) by on behalf of Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund, Whole Woman's Health Alliance. (Toti, Stephanie) (Entered: 06/21/2018)

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9 June 21, 2018

MOTION to Appear Pro Hac Vice by Stephanie Toti (Dipti Singh) ( Filing fee $ 100 receipt number 0542-10930371) by on behalf of Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund, Whole Woman's Health Alliance. (Toti, Stephanie) (Entered: 06/21/2018)

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10 June 21, 2018

SUMMONS Returned Executed by Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Whole Woman's Health Alliance, Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund. Ken Paxton served on 6/15/2018, answer due 7/6/2018. (Toti, Stephanie) (Entered: 06/21/2018)

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11 June 21, 2018

SUMMONS Returned Executed by Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Whole Woman's Health Alliance, Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund. Cecile Young served on 6/18/2018, answer due 7/9/2018. (Toti, Stephanie) (Entered: 06/21/2018)

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12 June 21, 2018

SUMMONS Returned Executed by Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Whole Woman's Health Alliance, Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund. John W. Hellerstedt, M.D. served on 6/18/2018, answer due 7/9/2018. (Toti, Stephanie) (Entered: 06/21/2018)

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13 June 21, 2018

SUMMONS Returned Executed by Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Whole Woman's Health Alliance, Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund. Scott Freshour served on 6/15/2018, answer due 7/6/2018. (Toti, Stephanie) (Entered: 06/21/2018)

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14 June 21, 2018

SUMMONS Returned Executed by Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Whole Woman's Health Alliance, Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund. Larry R. Faulkner, PH.D. served on 6/15/2018, answer due 7/6/2018. (Toti, Stephanie) (Entered: 06/21/2018)

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15 June 21, 2018

SUMMONS Returned Executed by Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Whole Woman's Health Alliance, Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund. David Escamilla served on 6/15/2008, answer due 7/6/2008. (Toti, Stephanie) (Entered: 06/21/2018)

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16 June 21, 2018

RULE 7 DISCLOSURE STATEMENT filed by Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund, Whole Woman's Health Alliance. (Toti, Stephanie) (Entered: 06/21/2018)

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17 June 26, 2018

ORDER GRANTING 6 Motion for Amanda Lauren Allen to Appear Pro Hac Vice on behalf of Plaintiffs. 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. (lt) (Entered: 06/26/2018)

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18 June 26, 2018

ORDER GRANTING 7 Motion for David Brown to Appear Pro Hac Vice on behalf of Plaintiffs. 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. (lt) (Entered: 06/26/2018)

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19 June 26, 2018

ORDER GRANTING 9 Motion for Dipti Singh to Appear Pro Hac Vice on behalf of Plaintiffs. 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. (lt) (Entered: 06/26/2018)

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20 June 26, 2018

ORDER GRANTING 8 Motion for Juanluis Rodriguez to Appear Pro Hac Vice on behalf of Plaintiffs. 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. (lt) (Entered: 06/26/2018)

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21 June 26, 2018

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by Larry R. Faulkner, PH.D., Scott Freshour, John W. Hellerstedt, M.D., Ken Paxton, Cecile Young. (Attachments: # 1 Proposed Order)(Stephens, Andrew) (Entered: 06/26/2018)

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22 June 27, 2018

ORDER GRANTING 21 Motion for Extension of Time to Answer ; Larry R. Faulkner, PH.D. answer due 8/6/2018; Scott Freshour answer due 8/6/2018; John W. Hellerstedt, M.D. answer due 8/6/2018; Ken Paxton answer due 8/6/2018; Cecile Young answer due 8/6/2018. Signed by Judge Lee Yeakel. (lt) (Entered: 06/27/2018)

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23 July 31, 2018

DISREGARD ENTRY. FILED IN ERROR. Proposed Scheduling Order Joint Motion for Briefing Schedule by Larry R. Faulkner, PH.D., Scott Freshour, John W. Hellerstedt, M.D., Ken Paxton, Cecile Young. (Attachments: # 1 Proposed Order)(Stephens, Andrew) Modified on 8/1/2018 (lt). (Entered: 07/31/2018)

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24 Aug. 1, 2018

Scheduling Recommendations/Proposed Scheduling Order CORRECTED Joint Motion of Plaintiffs and State Defendants for Briefing Schedule by Larry R. Faulkner, PH.D., Scott Freshour, John W. Hellerstedt, M.D., Ken Paxton, Cecile Young. (Attachments: # 1 Proposed Order Corrected)(Stephens, Andrew) (Entered: 08/01/2018)

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25 Aug. 2, 2018

ORDER GRANTING Joint 24 Briefing Schedule. Signed by Judge Lee Yeakel. (lt) (Entered: 08/02/2018)

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26 Aug. 2, 2018

Unopposed MOTION to Join the Joint Motion of Plaintiffs and State Defendants for Briefing Schedule by David Escamilla. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Nelson, Anthony) (Entered: 08/02/2018)

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27 Aug. 3, 2018

ORDER GRANTING 26 Motion to Join Joint Motion for Briefing Schedule. Signed by Judge Lee Yeakel. (lt) (Entered: 08/03/2018)

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28 Aug. 24, 2018

Unopposed MOTION for Extension of Time to File Answer to Plaintiffs' Original Complaint by David Escamilla. (Attachments: # 1 Proposed Order, # 2 Exhibit A)(Dippel, Leslie) (Entered: 08/24/2018)

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29 Aug. 27, 2018

NOTICE of Attorney Appearance by Andrew Bowman Stephens on behalf of Larry R. Faulkner, PH.D., Scott Freshour, John W. Hellerstedt, M.D., Ken Paxton, Cecile Young (Stephens, Andrew) (Entered: 08/27/2018)

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30 Aug. 27, 2018

MOTION to Dismiss by Larry R. Faulkner, PH.D.. (Stephens, Andrew) (Entered: 08/27/2018)

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31 Aug. 27, 2018

Opposed MOTION for Leave to Exceed Page Limitation for State Defendants' Motion to Dismiss by Scott Freshour, John W. Hellerstedt, M.D., Ken Paxton, Cecile Young. (Attachments: # 1 Exhibit A- Motion to Dismiss, # 2 Proposed Order)(Stephens, Andrew) (Entered: 08/27/2018)

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33 Aug. 27, 2018

MOTION to Dismiss by Scott Freshour, John W. Hellerstedt, M.D., Ken Paxton, Cecile Young. (lt) (Entered: 08/28/2018)

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Aug. 27, 2018

Notice of Correction to Andrew Stephens: re 31 Opposed MOTION for Leave to Exceed Page Limitation for State Defendants' Motion to Dismiss. When filing a Motion for Leave to Exceed Page Limitations in the AUSTIN Division, the document that exceeds the page limit should not be attached to the motion, but rather should be filed as a separate pleading. We will take the necessary steps to pull the Motion to Dismiss from the motion for leave to exceed page limit and add it to the docket record. No further action is required. Please note this information for future filing purposes (lt)

32 Aug. 28, 2018

ORDER GRANTING Defendant Escamilla's Unopposed 28 Motion to Extend Deadline to Answer Plaitiffs' 1 Complaint. David Escamilla answer due 9/10/2018. Signed by Judge Lee Yeakel. (lt) (Entered: 08/28/2018)

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34 Sept. 4, 2018

Response in Opposition to Motion, filed by Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund, Whole Woman's Health Alliance, re 31 Opposed MOTION for Leave to Exceed Page Limitation for State Defendants' Motion to Dismiss filed by Defendant John W. Hellerstedt, M.D., Defendant Cecile Young, Defendant Ken Paxton, Defendant Scott Freshour (Attachments: # 1 Proposed Order)(Toti, Stephanie) (Entered: 09/04/2018)

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35 Sept. 7, 2018

REPLY to Response to Motion, filed by Larry R. Faulkner, PH.D., Scott Freshour, John W. Hellerstedt, M.D., Ken Paxton, Cecile Young, re 31 Opposed MOTION for Leave to Exceed Page Limitation for State Defendants' Motion to Dismiss filed by Defendant John W. Hellerstedt, M.D., Defendant Cecile Young, Defendant Ken Paxton, Defendant Scott Freshour (Stephens, Andrew) (Entered: 09/07/2018)

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36 Sept. 7, 2018

Second MOTION for Extension of Time to File Answer, Unopposed by David Escamilla. (Attachments: # 1 Proposed Order)(Dippel, Leslie) (Entered: 09/07/2018)

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37 Sept. 11, 2018

ORDER GRANTING State Defendants' Opposed 31 Motion for Leave to Exceed Page Limit. Signed by Judge Lee Yeakel. (lt) (Entered: 09/11/2018)

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38 Sept. 11, 2018

ORDER GRANTING 36 Motion for Extension of Time to Answer ; David Escamilla answer due 10/10/2018. Signed by Judge Lee Yeakel. (lt) (Entered: 09/11/2018)

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39 Sept. 19, 2018

Unopposed MOTION for Leave to Exceed Page Limitation by Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund, Whole Woman's Health Alliance. (Attachments: # 1 Proposed Order)(Toti, Stephanie) (Entered: 09/19/2018)

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40 Sept. 20, 2018

ORDER GRANTING Plaintiffs' Unopposed 39 Motion for Leave to Exceed the Page Limit. Signed by Judge Lee Yeakel. (lt) (Entered: 09/20/2018)

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41 Sept. 21, 2018

Response in Opposition to Motion, filed by Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund, Whole Woman's Health Alliance, re 33 MOTION to Dismiss filed by Defendant John W. Hellerstedt, M.D., Defendant Cecile Young, Defendant Ken Paxton, Defendant Scott Freshour (Toti, Stephanie) (Entered: 09/21/2018)

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42 Sept. 21, 2018

Response in Opposition to Motion, filed by Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund, Whole Woman's Health Alliance, re 30 MOTION to Dismiss filed by Defendant Larry R. Faulkner, PH.D. (Attachments: # 1 Exhibit 1 (Decl. of Amanda Beatriz Williams, MSW), # 2 Exhibit 2 (UT System Organizational Chart))(Toti, Stephanie) (Entered: 09/21/2018)

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43 Sept. 25, 2018

Unopposed MOTION to Amend/Correct the Case Style by Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund, Whole Woman's Health Alliance. (Attachments: # 1 Proposed Order)(Toti, Stephanie) (Entered: 09/25/2018)

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44 Sept. 26, 2018

ORDER GRANTING 43 Unopposed Motion to Amend the Case Style. The style in this case shall be modified to reflect (1) the substitution of Stephen Brint Carlton, Executive Director of the Texas Medical Board, for Defendant Scott Freshour, Interim Executive Director of the Texas Medical Board; and (2) the substitution of James B. Milliken, Chancellor of the University of Texas System, for Defendant Larry R. Faulkner, Interim Chancellor of the University of Texas System. Signed by Judge Lee Yeakel. (lt) (Entered: 09/26/2018)

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45 Oct. 5, 2018

Unopposed MOTION for Leave to Exceed Page Limitation by Stephen Brint Carlton, John W. Hellerstedt, M.D., Ken Paxton, Cecile Young. (Attachments: # 1 Proposed Order)(Stephens, Andrew) (Entered: 10/05/2018)

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46 Oct. 5, 2018

REPLY to Response to Motion, filed by Stephen Brint Carlton, John W. Hellerstedt, M.D., Ken Paxton, Cecile Young, re 33 MOTION to Dismiss filed by Defendant John W. Hellerstedt, M.D., Defendant Cecile Young, Defendant Ken Paxton, Defendant Scott Freshour (Attachments: # 1 Exhibit A)(Stephens, Andrew) (Entered: 10/05/2018)

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47 Oct. 5, 2018

REPLY to Response to Motion, filed by James B. Milliken, re 30 MOTION to Dismiss filed by Defendant Larry R. Faulkner, PH.D. (Stephens, Andrew) (Entered: 10/05/2018)

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48 Oct. 10, 2018

MOTION to Dismiss Pursuant to FRCP 12(b)(1) by David Escamilla. (Attachments: # 1 Proposed Order)(Dippel, Leslie) (Entered: 10/10/2018)

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49 Oct. 15, 2018

ORDER GRANTING Defendants' Unopposed 45 Motion for Leave to Exceed Page Limits. Signed by Judge Lee Yeakel. (lt) (Entered: 10/15/2018)

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50 Oct. 18, 2018

Unopposed MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Dismiss Pursuant to FRCP 12(b)(1) by Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund, Whole Woman's Health Alliance. (Attachments: # 1 Proposed Order)(Toti, Stephanie) (Entered: 10/18/2018)

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51 Oct. 19, 2018

Unopposed MOTION for Leave to File Sur-reply in further opposition to the motion to dismiss by Defendants Paxton, Young, Hellerstedt, and Carlton by Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund, Whole Woman's Health Alliance. (Attachments: # 1 Proposed Order, # 2 Proposed Sur-reply)(Toti, Stephanie) (Entered: 10/19/2018)

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52 Oct. 22, 2018

ORDER GRANTING Plaintiffs' 50 Motion for Extension of Time to Respond to Defendant Escamilla's Motion to Dismiss. Signed by Judge Lee Yeakel. (lt) (Entered: 10/22/2018)

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53 Oct. 23, 2018

MOTION to Appear Pro Hac Vice by Stephanie Toti Rupali Sharma ( Filing fee $ 100 receipt number 0542-11374114) by on behalf of Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund, Whole Woman's Health Alliance. (Toti, Stephanie) (Entered: 10/23/2018)

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54 Oct. 24, 2018

ORDER GRANTING Plaintiffs' Unopposed 51 Motion for Leave to File Sur-Reply. Signed by Judge Lee Yeakel. (lt) (Entered: 10/24/2018)

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55 Oct. 24, 2018

Plaintiffs' SUR-REPLY in Opposition to 33 MOTION to Dismiss filed by Defendants Paxton, Young, Hellerstedt, and Carlton.(lt) (Entered: 10/24/2018)

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56 Oct. 24, 2018

ORDER GRANTING 53 Motion for Rupali Sharma to Appear Pro Hac Vice on behalf of Plaintiffs. 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. (lt) (Entered: 10/24/2018)

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57 Nov. 6, 2018

Response in Opposition to Motion, filed by Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund, Whole Woman's Health Alliance, re 48 MOTION to Dismiss Pursuant to FRCP 12(b)(1) filed by Defendant David Escamilla (Toti, Stephanie) (Entered: 11/06/2018)

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58 Nov. 13, 2018

Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Response to Defendant Escamilla's Motion to Dismiss by David Escamilla. (Attachments: # 1 Proposed Order)(Dippel, Leslie) (Entered: 11/13/2018)

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59 Nov. 15, 2018

ORDER GRANTING Defendant's 58 Motion for Extension of Time to File Reply. Signed by Judge Lee Yeakel. (lt) (Entered: 11/15/2018)

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60 Nov. 30, 2018

REPLY to Response to Motion, filed by David Escamilla, re 48 MOTION to Dismiss Pursuant to FRCP 12(b)(1) filed by Defendant David Escamilla (Attachments: # 1 Proposed Order)(Dippel, Leslie) (Entered: 11/30/2018)

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61 Dec. 10, 2018

ORDER Setting Hearing on 30 MOTION to Dismiss, 33 MOTION to Dismiss, 48 MOTION to Dismiss: Motion Hearing set for 1/7/2019 at 02:30 PM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (lt) (Entered: 12/10/2018)

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62 Dec. 27, 2018

ORDER RESETTING Oral Argument on 30 MOTION to Dismiss, 33 MOTION to Dismiss, 48 MOTION to Dismiss Pursuant to FRCP 12(b)(1) : Motions Hearing reset for 1/7/2019 at 01:30 PM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (lt) (Entered: 12/27/2018)

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63 Jan. 7, 2019

Minute Entry for proceedings held before Judge Lee Yeakel: Oral Argument held on 1/7/2019. Written Order Forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(lt) (Entered: 01/07/2019)

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64 Feb. 8, 2019

NOTICE of Supplemental Authority by Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund, Whole Woman's Health Alliance re 33 MOTION to Dismiss (Attachments: # 1 Supplemental Authority)(Toti, Stephanie) (Entered: 02/08/2019)

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65 March 11, 2019

NOTICE of Change of Address by Attorney Dipti Singh. (lt) (Entered: 03/12/2019)

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66 May 22, 2019

Transcript filed of Proceedings held on January 7, 2019, Proceedings Transcribed: Motion to Dismiss. 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 6/12/2019, Redacted Transcript Deadline set for 6/24/2019, Release of Transcript Restriction set for 8/20/2019, (alr) (Entered: 05/22/2019)

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67 July 19, 2019

Unopposed MOTION to Withdraw as Attorney by Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund, Whole Woman's Health Alliance. (Attachments: # 1 Proposed Order)(Brown, David) (Entered: 07/19/2019)

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68 July 19, 2019

ORDER GRANTING 67 Motion for David Brown to Withdraw as Counsel. Signed by Judge Lee Yeakel. (lt) (Entered: 07/19/2019)

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69 Oct. 24, 2019

SUPPLEMENT to 33 MOTION to Dismiss Notice of Supplemental Authority by Scott Freshour, John W. Hellerstedt, M.D., Ken Paxton, Cecile Young. (Attachments: # 1 Exhibit A)(Stephens, Andrew) (Entered: 10/24/2019)

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70 Oct. 29, 2019

NOTICE Response to State Defendants' Notice of Supplemental Authority by Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund, Whole Woman's Health Alliance re 69 Supplement (Toti, Stephanie) (Entered: 10/29/2019)

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71 Nov. 1, 2019

NOTICE of Change of Address by Rupali Sharma (Sharma, Rupali) (Entered: 11/01/2019)

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72 Feb. 7, 2020

ORDER that the parties provide in writing their positions about whether the court should stay proceedings in this cause pending resolution of June Medical on or before Friday, February 21, 2020. Signed by Judge Lee Yeakel. (lt) (Entered: 02/07/2020)

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73 Feb. 19, 2020

ADVISORY TO THE COURT by Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund, Whole Woman's Health Alliance. (Toti, Stephanie) (Entered: 02/19/2020)

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74 Feb. 21, 2020

RESPONSE to the Court's February 7, 2020 to 72 Status Report Order by David Escamilla. (Dippel, Leslie) (Entered: 02/21/2020)

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75 Feb. 21, 2020

ADVISORY TO THE COURT by John W. Hellerstedt, M.D., James B. Milliken, Ken Paxton, Cecile Young. (Stephens, Andrew) (Entered: 02/21/2020)

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76 Feb. 25, 2020

NOTICE of Attorney Appearance by Anthony J. Nelson on behalf of David Escamilla (Nelson, Anthony) (Entered: 02/25/2020)

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77 Feb. 25, 2020

NOTICE of Attorney Appearance by Patrick T. Pope on behalf of David Escamilla (Pope, Patrick) (Entered: 02/25/2020)

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78 Feb. 26, 2020

ORDER STAYING this action pending further action of the court. Signed by Judge Lee Yeakel. (lt) (Entered: 02/26/2020)

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79 July 21, 2020

ORDER SETTING Telephone Status Conference for 7/23/2020 at 10:30 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (lt) (Entered: 07/21/2020)

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80 July 23, 2020

Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 7/23/2020. Written order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(lt) (Entered: 07/23/2020)

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81 July 23, 2020

ORDER Lifting Stay. Signed by Judge Lee Yeakel. (lt) (Entered: 07/23/2020)

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82 Aug. 4, 2020

Transcript filed of Proceedings held on July 23, 2020, Proceedings Transcribed: Telephone 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 8/25/2020, Redacted Transcript Deadline set for 9/4/2020, Release of Transcript Restriction set for 11/2/2020, (alr) (Entered: 08/04/2020)

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83 Aug. 6, 2020

NOTICE of Change of Address by Rupali Sharma (Sharma, Rupali) (Entered: 08/06/2020)

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84 Aug. 6, 2020

Response in Opposition to Motion, filed by Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund, Whole Woman's Health Alliance, re 33 MOTION to Dismiss filed by Defendant John W. Hellerstedt, M.D., Defendant Cecile Young, Defendant Ken Paxton, Defendant Scott Freshour (Supplemental Response) (Toti, Stephanie) (Entered: 08/06/2020)

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85 Aug. 13, 2020

SUPPLEMENT to 33 MOTION to Dismiss by Stephen Brint Carlton, John W. Hellerstedt, M.D., Ken Paxton, Cecile Young. (Stephens, Andrew) (Entered: 08/13/2020)

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86 Aug. 14, 2020

REPLY to Response to Motion, filed by Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund, Whole Woman's Health Alliance, re 33 MOTION to Dismiss filed by Defendant John W. Hellerstedt, M.D., Defendant Cecile Young, Defendant Ken Paxton, Defendant Scott Freshour (Supplemental Reply) (Toti, Stephanie) (Entered: 08/14/2020)

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87 Aug. 26, 2020

NOTICE of Supplemental Authority by Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund, Whole Woman's Health Alliance re 33 MOTION to Dismiss (Attachments: # 1 Exhibit A)(Toti, Stephanie) (Entered: 08/26/2020)

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88 Sept. 11, 2020

Unopposed MOTION to Withdraw as Attorney by Stephen Brint Carlton, Larry R. Faulkner, PH.D., Scott Freshour, John W. Hellerstedt, M.D., Ken Paxton, Cecile Young. (Attachments: # 1 Proposed Order Order Granting Motion to Withdraw)(Hacker, Heather) (Entered: 09/11/2020)

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89 Sept. 14, 2020

ORDER GRANTING 88 Motion to Withdraw Heather Gebelin Hacker as co-counsel of record for State Defendants. Signed by Judge Lee Yeakel. (lt) (Entered: 09/15/2020)

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90 Sept. 24, 2020

MOTION to Withdraw as Attorney by Stephen Brint Carlton, Larry R. Faulkner, PH.D., Scott Freshour, John W. Hellerstedt, M.D., Ken Paxton, Cecile Young. (Attachments: # 1 Proposed Order Order Granting Motion to Withdraw)(Stephens, Andrew) (Entered: 09/24/2020)

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91 Sept. 25, 2020

ORDER GRANTING 90 Motion to Withdraw Andrew B. Stephens as counsel of record for State Defendants. Signed by Judge Lee Yeakel. (lt) (Entered: 09/25/2020)

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92 Oct. 19, 2020

NOTICE of Supplemental Authority by Fund Texas Choice, Bhavik Kumar, M.D., M.P.H., Lilith Fund, Inc., North Texas Equal Access Fund, The Afiya Center, West Fund, Whole Woman's Health Alliance re 33 MOTION to Dismiss, 30 MOTION to Dismiss, 48 MOTION to Dismiss Pursuant to FRCP 12(b)(1) (Toti, Stephanie) (Entered: 10/19/2020)

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93 Oct. 20, 2020

NOTICE of Attorney Appearance by Benjamin S. Walton on behalf of James B. Milliken. Attorney Benjamin S. Walton added to party James B. Milliken(pty:dft) (Walton, Benjamin) (Entered: 10/20/2020)

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94 Oct. 20, 2020

NOTICE of Attorney Appearance by Benjamin S. Walton on behalf of Stephen Brint Carlton, John W. Hellerstedt, M.D., Ken Paxton, Cecile Young. Attorney Benjamin S. Walton added to party Stephen Brint Carlton(pty:dft), Attorney Benjamin S. Walton added to party John W. Hellerstedt, M.D.(pty:dft), Attorney Benjamin S. Walton added to party Ken Paxton(pty:dft), Attorney Benjamin S. Walton added to party Cecile Young(pty:dft) (Walton, Benjamin) (Entered: 10/20/2020)

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95 Oct. 20, 2020

Unopposed MOTION to Withdraw as Attorney Adam Arthur Biggs by Stephen Brint Carlton, Larry R. Faulkner, PH.D., Scott Freshour, John W. Hellerstedt, M.D., James B. Milliken, Ken Paxton, Cecile Young. (Attachments: # 1 Proposed Order Order Granting Motion to Withdraw)(Walton, Benjamin) (Entered: 10/20/2020)

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96 Oct. 22, 2020

ORDER GRANTING State Defendants' 95 Unopposed Motion for Adam Arthur Biggs to Withdraw as co-counsel of record. Signed by Judge Lee Yeakel. (lt) (Entered: 10/22/2020)

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97 Nov. 2, 2020

RESPONSE to Plaintiffs' Notice of Supplemental Authority regarding State Defendants' pending motion to dismiss to 92 Notice (Other), by Stephen Brint Carlton, John W. Hellerstedt, M.D., Ken Paxton, Cecile Young. (Walton, Benjamin) (Entered: 11/02/2020)

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98 Dec. 18, 2020

NOTICE of Change of Address by Stephanie Toti (Toti, Stephanie) (Entered: 12/18/2020)

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Case Details

State / Territory:

Texas

Case Type(s):

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: June 14, 2018

Closing Date: July 22, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of Texas non-profits protecting abortion access,

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Attorney General of Texas

Texas Department of State Health Services

Texas Health & Human Services Commission

Texas Medical Board

University of Texas System

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Freedom of speech/association

Other Dockets:

Western District of Texas 1:18-cv-00500

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General/Misc.:

Record-keeping

Records Disclosure

School/University policies

Medical/Mental Health Care:

Medical care, general

Reproductive rights:

Abortion

Criminalization

Facility requirements

Mandatory delay

Medication abortion

Method-based abortion procedures

Parental notification

Patient disclosure requirement

Physician-only abortion laws

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

Telemedicine

Time-based abortion prohibition

Undue Burden

Recommended Citation