Case: National Institute of Family and Life Advocates v. Clark

2:23-cv-00229 | U.S. District Court for the District of Vermont

Filed Date: July 25, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the constitutionality of a Vermont law that regulates pro-life pregnancy centers. On July 25, 2023, the National Institute of Family and Life Advocates, Aspire Together, Inc., and Branches Pregnancy Resources Center filed this lawsuit in the United States District Court for the District of Vermont. The organizations sued Vermont under 42 U.S.C. § 1983, alleging violations of the First and Fourteenth Amendments to the U.S. Constitution. Represented by private counsel and the…

This is a case about the constitutionality of a Vermont law that regulates pro-life pregnancy centers. On July 25, 2023, the National Institute of Family and Life Advocates, Aspire Together, Inc., and Branches Pregnancy Resources Center filed this lawsuit in the United States District Court for the District of Vermont. The organizations sued Vermont under 42 U.S.C. § 1983, alleging violations of the First and Fourteenth Amendments to the U.S. Constitution. Represented by private counsel and the Alliance Defending Freedom, the organizations sought declaratory and injunctive relief against the enforcement of a Vermont law ("SB 37"), as well as attorneys' fees. The case was assigned to Judge William K. Sessions III.

SB 37 regulates "limited-services pregnancy centers," which provide reproductive services but not abortions or emergency contraception (or referrals for these services). The plaintiffs challenged two aspects of the law: a provision banning false or misleading advertising about their services, and a provision requiring services to be provided by licensed health care providers. They claimed that these provisions violated the First and Fourteenth Amendments to the U.S. Constitution because they were vague, discriminated based on viewpoint, did not serve a compelling state interest, and were not narrowly tailored. 

On September 25, 2023, a motion to dismiss was filed by the state of Vermont. As of October 19, 2023, the court had not yet ruled on that motion.

Summary Authors

Venesa Haska (9/30/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67634769/parties/national-institute-of-family-and-life-advocates-v-clark/


Judge(s)
Attorney for Plaintiff

Esq., Kevin H. (Vermont)

Esq., Denise M. (Vermont)

Esq., Gretchen M. (Vermont)

Esq., Julia C. (Vermont)

Esq., Michael J. (Vermont)

Attorney for Defendant
Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case
1

2:23-cv-00229

Complaint for Declaratory and Injunctive Relief

July 25, 2023

July 25, 2023

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67634769/national-institute-of-family-and-life-advocates-v-clark/

Last updated April 14, 2026, 5:12 a.m.

ECF Number Date Description Link
1 July 25, 2023

COMPLAINT against Courtney Bowers, Charity Clark, Sarah Copeland Hanzas, Mark Levine, Kevin Rushing, The Individual Members of the Vermont Board of Medical Practice, The Individual Memebers of the Vermont Board of Nursing filed by Branches Pregnancy Resource Center, Inc., Aspire Together, Inc., National Institute of Family and Life Advocates. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(law) (Entered: 07/25/2023)

1 Exhibit A

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2 Exhibit B

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3 Civil Cover Sheet

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RECAP
2 July 25, 2023

CORPORATE DISCLOSURE STATEMENT pursuant to Local Rule 7.1(a) by Aspire Together, Inc., Branches Pregnancy Resource Center, Inc., National Institute of Family and Life Advocates. (law) (Entered: 07/25/2023)

RECAP
3 July 25, 2023

MOTION for Admission Pro Hac Vice of Denise M. Harle, Esq. filed by Aspire Together, Inc., Branches Pregnancy Resource Center, Inc., National Institute of Family and Life Advocates (Attachments: # 1 Affidavit of Denise M. Harle, # 2 Exhibit A, # 3 Certificates of Good Standing)(jlh) (Entered: 07/25/2023)

1 Affidavit of Denise M. Harle

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2 Exhibit A

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3 Certificates of Good Standing

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RECAP
4 July 25, 2023

MOTION for Admission Pro Hac Vice of Julia C. Payne, Esq. filed by Aspire Together, Inc., Branches Pregnancy Resource Center, Inc., National Institute of Family and Life Advocates (Attachments: # 1 Affidavit of Julia C. Payne, # 2 Certificate of Good Standing)(jlh) (Entered: 07/25/2023)

RECAP
5 July 25, 2023

MOTION for Admission Pro Hac Vice of Gretchen M. Wade, Esq. filed by Aspire Together, Inc., Branches Pregnancy Resource Center, Inc., National Institute of Family and Life Advocates (Attachments: # 1 Affidavit of Gretchen M. Wade, # 2 Certificate of Good Standing)(jlh) (Entered: 07/25/2023)

RECAP
6 July 26, 2023

ORDER granting 4 Motion for Admission of Julia C. Payne Pro Hac Vice; granting 5 Motion for Admission of Gretchen M. Wade Pro Hac Vice. Signed by Judge William K. Sessions III on 7/26/2023. (This is a text-only Order.) (eae) (Entered: 07/26/2023)

RECAP
7 July 26, 2023

ORDER granting 3 Motion for Admission of Denise M. Harle Pro Hac Vice. Signed by Judge William K. Sessions III on 7/26/2023. (This is a text-only Order.) (eae) (Entered: 07/26/2023)

RECAP
July 26, 2023

Order on Motion for Admission Pro Hac Vice

July 26, 2023

Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice

8 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: Charity Clark waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) (Entered: 08/21/2023)

RECAP
9 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Medical Practice (Christine Payne) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
10 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: Courtney Bowers waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) (Entered: 08/21/2023)

RECAP
11 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (Daniel Coane) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
12 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (David Coddaire) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
13 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (David Liebow) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
14 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (Deborah Belcher) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
15 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (Gail Falk) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
16 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (Ginger Gillette-Kent) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
17 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (Jennifer Laurent) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
18 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (Jennifer Lyon) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
19 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (Krystal Bernier) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
20 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (Leo LeCourts) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
21 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (Luana Tredwell) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
22 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (Marga Sproul) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
23 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (Margaret Tandoh) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
24 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: Mark Levine waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) (Entered: 08/21/2023)

RECAP
25 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (Matthew Choate) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
26 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (Matthew Greenberg) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
27 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (Patricia Hunter) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
28 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (Richard Bernstein) waiver sent on 7/28/2023, answer due 9/26/2023. (Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
29 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (Richard Clattenburg) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
30 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (Rick Hildenbrant) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
31 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (Robert Torolani) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
32 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: Sarah Copeland Hanzas waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) (Entered: 08/21/2023)

RECAP
33 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (Sarah McClain) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
34 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (Stephanie Lorentz) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
35 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (Wm "Jamie" Floyd) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
36 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (Kelly Sinclair) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
37 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: The Individual Members of the Vermont Board of Nursing (Suzanne Jones) waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) Text clarified on 8/21/2023 (law). (Entered: 08/21/2023)

RECAP
38 Aug. 21, 2023

WAIVER OF SERVICE Returned Executed: Kevin Rushing waiver sent on 7/28/2023, answer due 9/26/2023.(Wade, Gretchen) (Entered: 08/21/2023)

RECAP
39 Sept. 25, 2023

MOTION to Dismiss 1 Complaint filed by Courtney Bowers, Charity Clark, Sarah Copeland Hanzas, Mark Levine, Kevin Rushing, The Individual Members of the Vermont Board of Medical Practice, The Individual Memebers of the Vermont Board of Nursing. (Spottswood, Eleanor) (Entered: 09/25/2023)

RECAP
40 Oct. 6, 2023

MOTION to Withdraw as Attorney filed by Aspire Together, Inc., Branches Pregnancy Resource Center, Inc., National Institute of Family and Life Advocates. (Harle, Denise) (Entered: 10/06/2023)

RECAP
41 Oct. 12, 2023

NOTICE OF APPEARANCE by Sarah L.J. Aceves, Esq on behalf of Courtney Bowers, Charity Clark, Sarah Copeland Hanzas, Mark Levine, Kevin Rushing, The Individual Members of the Vermont Board of Medical Practice, The Individual Memebers of the Vermont Board of Nursing.(Aceves, Sarah) (Entered: 10/12/2023)

RECAP
42 Oct. 25, 2023

CONSENTED-TO MOTION to Amend 1 Complaint and for Extension of Time to File Answer to Amended Complaint filed by Aspire Together, Inc., Branches Pregnancy Resource Center, Inc., National Institute of Family and Life Advocates (Attachments: # 1 Redline of Amended Complaint, # 2 Clean Copy of Amended Complaint)(Tierney, Michael) (Attachments 1 and 2 replaced, Attachments 3-5 removed on 10/26/2023) (law). Added MOTION for Extension of Time to File Answer on 10/26/2023 (law). (Entered: 10/25/2023)

1 Redline of Amended Complaint

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2 Clean Copy of Amended Complaint

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RECAP
43 Oct. 25, 2023

RESPONSE in Opposition re 39 MOTION to Dismiss filed by Aspire Together, Inc., Branches Pregnancy Resource Center, Inc., National Institute of Family and Life Advocates. (Tierney, Michael) (Entered: 10/25/2023)

RECAP
44 Oct. 26, 2023

NOTICE OF DOCKET ENTRY CORRECTION re: 42 CONSENTED-TO MOTION to Amend 1 Complaint and for Extension of Time to File Answer filed by Aspire Together, Inc., National Institute of Family and Life Advocates, Branches Pregnancy Resource Center, Inc. The separated exhibits been removed and combined with the proposed Amended Complaints to make a complete document. The corrected documents are now attached to 42 and this entry. (Attachments: # 1 Clean Copy of Amended Complaint) (law) (Entered: 10/26/2023)

RECAP
45 Nov. 1, 2023

ORDER granting 40 Motion to Withdraw as Attorney; granting 42 Consented-To Motion to Amend 1 Complaint and Motion for Extension of Time to File Answer to Amended Complaint. Signed by Judge William K. Sessions III on 11/1/2023. (This is a text-only Order.) (eae) (Entered: 11/01/2023)

RECAP
Nov. 1, 2023

Order on Motion for Extension of Time to Answer AND Order on Motion to Amend/Correct AND Order on Motion to Withdraw as Attorney

46 Nov. 2, 2023

NOTICE of Attorney Substitution by David R. McLean, Esq as to Courtney Bowers, Charity Clark, Sarah Copeland Hanzas, Mark Levine, Kevin Rushing, The Individual Members of the Vermont Board of Medical Practice, The Individual Memebers of the Vermont Board of Nursing(McLean, David) (Entered: 11/02/2023)

RECAP
47 Nov. 7, 2023

AMENDED COMPLAINT against Courtney Bowers, Charity Clark, Sarah Copeland Hanzas, Mark Levine, Kevin Rushing, The Individual Members of the Vermont Board of Medical Practice, The Individual Members of the Vermont State Board of Nursing filed by Branches Pregnancy Resource Center, Inc., Aspire Together, Inc., National Institute of Family and Life Advocates. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(law) (Entered: 11/07/2023)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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RECAP
48 Nov. 16, 2023

STIPULATED MOTION for Extension of Time to File Answer re 47 Amended Complaint filed by Courtney Bowers, Charity Clark, Sarah Copeland Hanzas, Mark Levine, Kevin Rushing, The Individual Members of the Vermont Board of Medical Practice, The Individual Members of the Vermont State Board of Nursing. (McLean, David) (Entered: 11/16/2023)

RECAP
49 Dec. 18, 2023

AMENDED MOTION to Dismiss 47 Amended Complaint for Failure to State a Claim filed by Courtney Bowers, Charity Clark, Sarah Copeland Hanzas, Mark Levine, Kevin Rushing, The Individual Members of the Vermont Board of Medical Practice, The Individual Members of the Vermont State Board of Nursing. (McLean, David) (Entered: 12/18/2023)

RECAP
50 Jan. 9, 2024

STIPULATED MOTION for Extension of Time to File Response/Reply as to 49 AMENDED MOTION to Dismiss 47 Amended Complaint for Failure to State a Claim filed by Aspire Together, Inc., Branches Pregnancy Resource Center, Inc., National Institute of Family and Life Advocates. (Attachments: # 1 Proposed Order)(Payne, Julia) (Entered: 01/09/2024)

1 Proposed Order

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RECAP
51 Jan. 10, 2024

ORDER granting 50 Stipulated Motion for Extension of Time to File Response/Reply as to 49 Amended Motion to Dismiss 47 Amended Complaint for Failure to State a Claim . Response due by 2/7/2024. Signed by Judge William K. Sessions III on 1/10/2024. (law) (Entered: 01/10/2024)

RECAP
52 Feb. 7, 2024

RESPONSE in Opposition re 49 AMENDED MOTION to Dismiss 47 Amended Complaint for Failure to State a Claim filed by Aspire Together, Inc., Branches Pregnancy Resource Center, Inc., National Institute of Family and Life Advocates. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7)(Payne, Julia) Attachment descriptions clarified on 2/7/2024 (law). (Entered: 02/07/2024)

1 Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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RECAP
53 Feb. 16, 2024

STIPULATED MOTION for Extension of Time to File Response/Reply as to 49 AMENDED MOTION to Dismiss 47 Amended Complaint for Failure to State a Claim filed by Charity Clark, Sarah Copeland Hanzas, Mark Levine, Kevin Rushing, The Individual Members of the Vermont Board of Medical Practice, The Individual Members of the Vermont State Board of Nursing(McLean, David) (Entered: 02/16/2024)

RECAP
54 Feb. 20, 2024

ORDER granting 53 STIPULATED MOTION for Extension of Time to File Response/Reply as to 49 AMENDED MOTION to Dismiss 47 Amended Complaint for Failure to State a Claim. Signed by Judge William K. Sessions III on 2/20/2024. (This is a text-only Order.) (eae) (Entered: 02/20/2024)

RECAP
Feb. 20, 2024

Order on Motion for Extension of Time to File Response/Reply

55 March 21, 2024

STIPULATED MOTION for Extension of Time to File Response/Reply as to 49 AMENDED MOTION to Dismiss 47 Amended Complaint for Failure to State a Claim filed by Courtney Bowers, Charity Clark, Sarah Copeland Hanzas, Mark Levine, Kevin Rushing, The Individual Members of the Vermont Board of Medical Practice, The Individual Members of the Vermont State Board of Nursing(McLean, David) (Entered: 03/21/2024)

RECAP
56 March 22, 2024

ORDER granting 55 STIPULATED MOTION for Extension of Time to File Response/Reply as to 49 AMENDED MOTION to Dismiss 47 Amended Complaint for Failure to State a Claim. Signed by Judge William K. Sessions III on 3/22/2024. (This is a text-only Order.) (eae) (Entered: 03/22/2024)

RECAP
March 22, 2024

Order on Motion for Extension of Time to File Response/Reply

57 March 26, 2024

NOTICE of Hearing re: 49 AMENDED MOTION to Dismiss 47 Amended Complaint for Failure to State a Claim . Motion Hearing set for 5/16/2024 at 01:30 PM in Burlington Courtroom 110 before Judge William K. Sessions III.(law) (Entered: 03/26/2024)

RECAP
58 April 8, 2024

REPLY to Response to 49 AMENDED MOTION to Dismiss 47 Amended Complaint for Failure to State a Claim filed by Courtney Bowers, Charity Clark, Sarah Copeland Hanzas, Mark Levine, Kevin Rushing, The Individual Members of the Vermont Board of Medical Practice, The Individual Members of the Vermont State Board of Nursing. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McLean, David) (Entered: 04/08/2024)

1 Exhibit A

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2 Exhibit B

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RECAP
59 April 8, 2024

MOTION for Leave to Exceed Page Limit for Reply to 49 AMENDED MOTION to Dismiss 47 Amended Complaint for Failure to State a Claim filed by Courtney Bowers, Charity Clark, Sarah Copeland Hanzas, Mark Levine, Kevin Rushing, The Individual Members of the Vermont Board of Medical Practice, The Individual Members of the Vermont State Board of Nursing. (McLean, David) Link clarified on 4/9/2024 (law). (Entered: 04/08/2024)

RECAP
60 April 10, 2024

ORDER granting 48 Motion for Extension of Time to File Answer re 47 Amended Complaint; granting 59 Motion for Leave to Exceed Page Limit for Reply to 49 Amended Motion to Dismiss 47 Amended Complaint for Failure to State a Claim. Signed by Judge William K. Sessions III on 4/10/2024. (This is a text-only Order.) (eae) (Entered: 04/10/2024)

RECAP
April 10, 2024

Order on Motion for Extension of Time to Answer AND Order on Motion to Exceed Page Limit

61 May 3, 2024

MOTION for Appearance Pro Hac Vice of Mercer Scott Martin (Filing fee $ 150 receipt number AVTDC-1917332) filed by Branches Pregnancy Resource Center, Inc., National Institute of Family and Life Advocates (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Tierney, Michael) Attachment names clarified on 5/3/2024 (jh). (Entered: 05/03/2024)

RECAP
62 May 3, 2024

ORDER granting 61 Motion for Admission Pro Hac Vice of Mercer Scott Martin. Signed by Judge William K. Sessions III on 5/3/2024. (This is a text-only Order.) (eae) (Entered: 05/03/2024)

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May 3, 2024

Order on Motion for Admission Pro Hac Vice

63 May 16, 2024

MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Motion Hearing held on 5/16/2024 re 49 AMENDED MOTION to Dismiss 47 Amended Complaint for Failure to State a Claim. Attorneys Mercer Martin, Gretchen Wade, Kevin Theriot and Michael Tierney present for plaintiffs. Attorney David McLean present for defendants. Statements by counsel. ORDERED: motion taken under advisement. (Court Reporter: JoAnn Carson) (law) (Entered: 05/20/2024)

RECAP
May 20, 2024

Motion Hearing AND ~Util - Motions Taken Under Advisement

64 May 23, 2024

TRANSCRIPT of Amended Motion to Dismiss hearing held on May 16, 2024, before Judge William K. Sessions III. Court Reporter/Transcriber JoAnn Carson, telephone number (802/800) 863-6067. Transcript may be viewed at the court 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 6/17/2024. Redacted Transcript Deadline set for 6/27/2024. Release of Transcript Restriction set for 8/26/2024. (law) (Entered: 05/23/2024)

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65 June 4, 2024

NOTICE of Supplemental Authority by Aspire Together, Inc., Branches Pregnancy Resource Center, Inc., National Institute of Family and Life Advocates in re: 49 AMENDED MOTION to Dismiss 47 Amended Complaint for Failure to State a Claim. (Attachments: # 1 Exhibit A)(Payne, Julia) Link added on 6/5/2024 (law). (Entered: 06/04/2024)

1 Exhibit A

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66 June 14, 2024

OPINION AND ORDER granting in part and denying in part 49 Motion to Dismiss for Failure to State a Claim. Signed by Judge William K. Sessions III on 6/14/2024. (law)

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67 June 28, 2024

STIPULATED MOTION for Extension of Time to File Answer re 47 Amended Complaint filed by Courtney Bowers, Charity Clark, Sarah Copeland Hanzas, Mark Levine, Kevin Rushing, The Individual Members of the Vermont Board of Medical Practice, The Individual Members of the Vermont State Board of Nursing(McLean, David) (Entered: 06/28/2024)

RECAP
68 July 8, 2024

MOTION to Withdraw as Attorney filed by Courtney Bowers, Charity Clark, Sarah Copeland Hanzas, Mark Levine, Kevin Rushing, The Individual Members of the Vermont Board of Medical Practice, The Individual Members of the Vermont State Board of Nursing. (Spottswood, Eleanor) (Entered: 07/08/2024)

RECAP
69 July 8, 2024

ORDER granting 67 STIPULATED MOTION for Extension of Time to File Answer re 47 Amended Complaint. Signed by Judge William K. Sessions III on 7/8/2024. (This is a text-only Order.) (eae) (Entered: 07/08/2024)

RECAP
July 8, 2024

Order on Motion for Extension of Time to Answer

70 July 9, 2024

PROPOSED Stipulated Discovery Schedule/Order by Aspire Together, Inc., Branches Pregnancy Resource Center, Inc., National Institute of Family and Life Advocates.(Payne, Julia) (Entered: 07/09/2024)

RECAP
71 July 9, 2024

ASSIGNED Early Neutral Evaluator: Gregory S. Clayton, Esq. (law) (Entered: 07/09/2024)

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72 July 10, 2024

ORDER granting 68 Motion to Withdraw as Attorney. Signed by Judge William K. Sessions III on 7/10/2024. (This is a text-only Order.) (eae) (Entered: 07/10/2024)

RECAP
73 July 10, 2024

PROPOSED Stipulated Protective Order by Aspire Together, Inc., Branches Pregnancy Resource Center, Inc., National Institute of Family and Life Advocates. (Payne, Julia) (Entered: 07/10/2024)

RECAP
74 July 10, 2024

STIPULATED DISCOVERY SCHEDULE/ORDER: Discovery due by 3/1/2025; plaintiffs motion for summary judgment due by 4/15/2025; defendants cross-motion for summary judgment and consolidated memorandum in support and response in opposition due by 5/15/2025; plaintiffs consolidated reply and response in opposition due by 6/2/2025; defendants reply to cross-motion due by 6/16/2025; Early Neutral Evaluation set for 9/12/2024 at 01:00 PM; Ready for Trial by 3/2/2026. Signed by Judge William K. Sessions III on 7/10/2024. (law) Text clarified on 7/12/2024 (law). (Entered: 07/11/2024)

RECAP
July 10, 2024

Order on Motion to Withdraw as Attorney

75 July 25, 2024

STIPULATED PROTECTIVE ORDER. Signed by Judge William K. Sessions III on 7/25/2024. (Attachments: # 1 Appendix A)(law) (Entered: 07/25/2024)

1 Appendix A

View on PACER

RECAP
76 July 31, 2024

DISCOVERY CERTIFICATE - Initial Disclosures by Charity Clark, Sarah Copeland Hanzas, Mark Levine, Kevin Rushing, The Individual Members of the Vermont Board of Medical Practice, The Individual Members of the Vermont State Board of Nursing.(McLean, David) (Entered: 07/31/2024)

RECAP
77 July 31, 2024

ANSWER to 47 Amended Complaint by Charity Clark, Sarah Copeland Hanzas, Mark Levine, Kevin Rushing, The Individual Members of the Vermont Board of Medical Practice, The Individual Members of the Vermont State Board of Nursing.(McLean, David) (Entered: 07/31/2024)

RECAP
78 July 31, 2024

DISCOVERY CERTIFICATE - Initial Disclosures by Aspire Together, Inc., Branches Pregnancy Resource Center, Inc., National Institute of Family and Life Advocates.(Payne, Julia) (Entered: 07/31/2024)

RECAP
79 Aug. 19, 2024

NOTICE Regarding Rescheduling of Early Neutral Evaluation Session by Aspire Together, Inc., Branches Pregnancy Resource Center, Inc., National Institute of Family and Life Advocates. (Payne, Julia) Link removed/text clarified on 8/20/2024 (law). (Entered: 08/19/2024)

RECAP
80 Oct. 3, 2024

REPORT of Early Neutral Evaluator.(Clayton, Gregory) (Entered: 10/03/2024)

RECAP
81 Oct. 10, 2024

STIPULATED MOTION to Extend the Discovery Schedule/Order filed by Courtney Bowers, Charity Clark, Sarah Copeland Hanzas, Mark Levine, Kevin Rushing, The Individual Members of the Vermont Board of Medical Practice, The Individual Members of the Vermont State Board of Nursing. (McLean, David) Event/text clarified on 10/10/2024 (law). (Entered: 10/10/2024)

RECAP
82 Oct. 17, 2024

ORDER granting 81 STIPULATED MOTION to Extend the Discovery Schedule/Order. Signed by Judge William K. Sessions III on 10/17/2024. (This is a text-only Order.) (eae) (Entered: 10/17/2024)

RECAP
Oct. 17, 2024

Order on Motion for Extension of Time to Complete Discovery

83 Oct. 21, 2024

MOTION for Appearance Pro Hac Vice of Kevin Theriot (Filing fee $ 150 receipt number AVTDC-1985170) filed by Aspire Together, Inc., Branches Pregnancy Resource Center, Inc., National Institute of Family and Life Advocates (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Tierney, Michael) (Attachment 1 replaced and attachments clarified on 10/28/2024) (sjl). (Additional attachment(s) added on 10/28/2024: # 3 Exhibit 1) (sjl). (Entered: 10/21/2024)

RECAP
84 Oct. 28, 2024

NOTICE OF DOCKET ENTRY CORRECTION re: 83 MOTION for Appearance Pro Hac Vice of Kevin Theriot. Exhibit A and Exhibit 1 were filed as a combined document. They have been taken apart and are now attached separately to 83 and this entry. (Attachments: # 1 Exhibit 1) (sjl) (Entered: 10/28/2024)

RECAP
85 Oct. 28, 2024

ORDER granting 83 Motion for Admission Pro Hac Vice of Kevin Theriot. Signed by Judge William K. Sessions III on 10/28/2024. (This is a text-only Order.) (eae) (Entered: 10/28/2024)

RECAP
Oct. 28, 2024

Order on Motion for Admission Pro Hac Vice

86 Jan. 9, 2025

STIPULATED MOTION to Extend the Discovery Schedule/Order filed by Kevin Rushing, Mark Levine, The Individual Members of the Vermont Board of Medical Practice, The Individual Members of the Vermont State Board of Nursing, Courtney Bowers, Charity Clark, Sarah Copeland Hanzas. (McLean, David) Event/text clarified on 1/9/2025 (law). (Entered: 01/09/2025)

RECAP
87 Jan. 9, 2025

ORDER granting 86 Stipulated Motion to Extend the Discovery Schedule/Order. Signed by Judge William K. Sessions III on 1/9/2025. (This is a text-only Order.) (eae) (Entered: 01/09/2025)

RECAP
Jan. 9, 2025

Order on Motion for Extension of Time to Complete Discovery

Case Details

State / Territory:

Vermont

Case Type(s):

Speech and Religious Freedom

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: July 25, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Pro-life pregnancy services centers and their membership organization.

Attorney Organizations:

Alliance Defending Freedom

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Vermont

Vermont Board of Medical Practice

Vermont Department of Health

Vermont State Board of Nursing

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Freedom of speech/association

Free Exercise Clause

Other Dockets:

District of Vermont 2:23-cv-00229

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Reproductive rights:

Abortion

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

Recommended Citation