This case was last updated from PACER on 08/10/2019 at 07:14:41 (UTC).

National Family Planning and Reproductive Health Association et al v. Azar et al

Case Summary

On 06/11/2019 National Family Planning and Reproductive Health Association filed an Other - Administrative Procedure Act lawsuit against Azar. This case was filed in U.S. District Courts, New York Southern District. The Judge overseeing this case is Paul A. Engelmayer. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:19-CV-05435

  • Filing Date:

    06/11/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Administrative Procedure Act

  • Court:

    U.S. District Courts

  • Courthouse:

    New York Southern District

Judge Details

Presiding Judge

Paul A. Engelmayer

 

Party Details

Plaintiffs

National Family Planning and Reproductive Health Association

Public Health Solutions, Inc.

Defendants

U.S. Department of Health and Human Services

Alex M. Azar, II

Roger Severino

Office for Civil Rights of the U.S. Department of Health and Human Services

Christian Medical and Dental Association

Amicus Curiae

the American Muslim Health Professionals

Institute for Policy Integrity

139 Macdougal Street, 3Rd Floor

Ny, NY 10012

The American Medical Association

the American College of Obstetricians and Gynecologists

the National Association of Nurse Practitioners in Womens Health

the American College of Osteopathic Obstetricians and Gynecologists

, the American Society for Reproductive Medicine

the Society for Maternal-Fetal Medicine

the American Academy of Pediatrics

the American College of Emergency Physicians

the North American Society for Pediatric and Adolescent Gynecology

Interested Parties

Planned Parenthood of Northern New England, Inc.

Planned Parenthood Federation of America, Inc.

2 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

Erin Beth Harrist

Attorney at New York Civil Liberties Union

125 Broad St. 19Th Floor

New York, NY 10004

Christopher T Dunn

Attorney at New York Civil Liberties Union

125 Broad Street, 17Th Floor

New York, NY 10004

Alexa Rebecca Kolbi-Molinas

Attorney at American Civil Liberties Union (NYC)

125 Broad Street, 18Th Floor

New York, NY 10004

Elizabeth Gill

Attorney at ACLU Foundation of Northern California

39 Drumm Street

San Francisco, CA 94111

Brigitte Adrienne Amiri

Attorney at ACLU

125 Broad Street, 18Th Floor

New York, NY 10004

Lindsey Kaley

Attorney at American Civil Liberties Union Foundation

125 Broad Street

New York, NY 10004

Daniel Mach

Attorney at American Civil Liberties Union Foundation (DC)

915 15Th Street

Washington, DC 20005

Defendant Attorneys

Benjamin Thomas Takemoto

Attorney at U.S. Department of Justice

P.O. Box 883

Washington, DC 20044

Bradley Humphreys

Attorney at DOJ-Civ

1100 L Street, Nw, Ste 11402

Washington, DC 20005

Amicus Curiae Attorneys

Anna Augusta Moody

Attorney at Debevoise & Plimpton LLP

919 Third Avenue

New York, NY 10022

Shannon Rose Selden

Attorney at Debevoise & Plimpton, LLP (NYC)

919 Third Avenue, 3Rd Floor

New York, NY 10022

Richard L. Revesz

Attorney at Institute For Policy Integrity

139 Macdougal St #322

New York, NY 10012

 

Court Documents

#64

(#64) ORDER FOR ADMISSION PRO HAC VICE granting #62 MOTION for Elizabeth Olmsted Gill to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 7/31/2019) (jca) (Entered: 07/31/2019)

#63

(#63) ORDER FOR ADMISSION PRO HAC VICE granting #54 MOTION for Robert E. Dunn to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 7/31/2019) (jca) (Entered: 07/31/2019)

#62

(#62) MOTION for Elizabeth Olmsted Gill to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc..(Gill, Elizabeth) (Entered: 07/30/2019)

#52

Pro Hac Vice Fee Payment: for #52 MOTION for Elizabeth Olmsted Gill to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-17341240.(Gill, Elizabeth) (Entered: 07/30/2019)

#57

(#65) OPINION & ORDER re: (64 in 1:19-cv-04676-PAE) MOTION to Intervene: For the reasons reviewed above, the Court denies CMDA and Dr. Frost's motion for intervention of right but grants their motion for permissive intervention. The Clerk of Court is respectfully requested to terminate the motion pending at Dkt. 64 and to add Dr. Regina Frost and the Christian Medical and Dental Association to the caption of this case as defendants. The Court authorizes CMDA and Dr. Frost to file a single consolidated brief, not to exceed 30 pages, in opposition to plaintiffs' motions for a preliminary injunction by August 14, 2019. They are also at liberty, within that single brief and that page limit, to move for summary judgment. In the event that CMDA and Dr. Frost do so move, their reply in support of the motion for summary judgment, not to exceed 15 pages, is due September 19, 2019. The Court will permit CMDA and Dr. Frost's counsel to participate in argument on October 18, 2019. (Regina Frost and Christian Medical and Dental Association added.) (Signed by Judge Paul A. Engelmayer on 8/2/2019) Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE(jwh) (Entered: 08/02/2019)

117 #3

Text of Proposed Order

117 #2

Exhibit CA Certificate of Good Standing

117 #1

Affidavit Declaration in Support of Motion for Admission Pro Hac Vice

#117

(#63) ORDER FOR ADMISSION PRO HAC VICE granting #54 MOTION for Robert E. Dunn to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 7/31/2019) (jca) (Entered: 07/31/2019)

#8

(#8) REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Health and Human Services, c/o Attorney General of the United States, re: #1 Complaint,. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc.. (Kolbi-Molinas, Alexa) (Entered: 06/11/2019)

#7

(#7) REQUEST FOR ISSUANCE OF SUMMONS as to Office for Civil Rights of the U.S. Department of Health and Human Services, re: #1 Complaint,. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc.. (Kolbi-Molinas, Alexa) (Entered: 06/11/2019)

#6

(#6) REQUEST FOR ISSUANCE OF SUMMONS as to Roger Severino, re: #1 Complaint,. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc.. (Kolbi-Molinas, Alexa) (Entered: 06/11/2019)

#5

(#5) REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Health and Human Services, re: #1 Complaint,. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc.. (Kolbi-Molinas, Alexa) (Entered: 06/11/2019)

#4

(#4) REQUEST FOR ISSUANCE OF SUMMONS as to Alex M. Azar II, re: #1 Complaint,. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc.. (Kolbi-Molinas, Alexa) (Entered: 06/11/2019)

#3

(#3) RELATED CASE AFFIRMATION of Alexa Kolbi-Molinas re: that this action be filed as related to 19-cv-4676. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc..(Kolbi-Molinas, Alexa) (Entered: 06/11/2019)

#2

(#2) CIVIL COVER SHEET filed. (Kolbi-Molinas, Alexa) (Entered: 06/11/2019)

1 #1

Exhibit A - Final Rule

#1

(#9) REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Health and Human Services, c/o U.S. Attorney's Office, Southern District of New York, re: #1 Complaint,. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc.. (Kolbi-Molinas, Alexa) (Entered: 06/11/2019)

92 More Documents Available

 

Docket Entries

  • 08/02/2019
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  • (#65) OPINION & ORDER re: (64 in 1:19-cv-04676-PAE) MOTION to Intervene: For the reasons reviewed above, the Court denies CMDA and Dr. Frost's motion for intervention of right but grants their motion for permissive intervention. The Clerk of Court is respectfully requested to terminate the motion pending at Dkt. 64 and to add Dr. Regina Frost and the Christian Medical and Dental Association to the caption of this case as defendants. The Court authorizes CMDA and Dr. Frost to file a single consolidated brief, not to exceed 30 pages, in opposition to plaintiffs' motions for a preliminary injunction by August 14, 2019. They are also at liberty, within that single brief and that page limit, to move for summary judgment. In the event that CMDA and Dr. Frost do so move, their reply in support of the motion for summary judgment, not to exceed 15 pages, is due September 19, 2019. The Court will permit CMDA and Dr. Frost's counsel to participate in argument on October 18, 2019. (Regina Frost and Christian Medical and Dental Association added.) (Signed by Judge Paul A. Engelmayer on 8/2/2019) Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE(jwh) (Entered: 08/02/2019)

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  • 07/31/2019
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  • (#64) ORDER FOR ADMISSION PRO HAC VICE granting #62 MOTION for Elizabeth Olmsted Gill to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 7/31/2019) (jca) (Entered: 07/31/2019)

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  • 07/31/2019
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  • (#63) ORDER FOR ADMISSION PRO HAC VICE granting #54 MOTION for Robert E. Dunn to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 7/31/2019) (jca) (Entered: 07/31/2019)

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  • 07/31/2019
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  • >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #62 MOTION for Elizabeth Olmsted Gill to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 07/31/2019)

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  • 07/30/2019
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  • (#62) MOTION for Elizabeth Olmsted Gill to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc..(Gill, Elizabeth) (Entered: 07/30/2019)

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  • 07/30/2019
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  • Pro Hac Vice Fee Payment: for #52 MOTION for Elizabeth Olmsted Gill to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-17341240.(Gill, Elizabeth) (Entered: 07/30/2019)

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  • 07/29/2019
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  • (#61) AFFIDAVIT OF SERVICE. All Defendants. Service was made by MAIL. Document filed by Public Health Solutions, Inc., National Family Planning and Reproductive Health Association. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Kaley, Lindsey) (Entered: 07/29/2019)

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  • 07/19/2019
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  • (#60) ORDER granting (130) Motion to Authorize in case 1:19-cv-04676-PAE. Defendants' motion for entry of order is GRANTED. Defendants are authorized to release the information described in Defendants' motion that may be covered by the Privacy Act, 5 U.S.C. 552a, without obtaining the prior written consent of the individuals to whom such records or information pertain. IT IS SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/19/2019) Filed In Associated Cases: 1:19-cv-04676-PAE, 1:19-cv-05433-PAE, 1:19-cv-05435-PAE (rro) (Entered: 07/19/2019)

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  • 07/16/2019
  • Minute Entry for proceedings held before Judge Paul A. Engelmayer: Initial Pretrial Conference held on 7/16/2019. Matthew Colangelo, Diana Salgado & Alexa Kolbi-Molinas present for Plaintiffs. Benjamin Takemoto present for Defendants. Court reporter present. (ajs) (Entered: 07/17/2019)

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  • 07/16/2019
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  • (#59) ORDER FOR ADMISSION PROHACVICE on re: (118 in 1:19-cv-04676-PAE, 51 in 1:19-cv-05433-PAE, 55 in 1:19-cv-05435-PAE) MOTION for Jason H. Hilborn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-17236645. Motion and supporting papers to be reviewed by Clerk's Office staff. filed by Regina Renee Frost, Christian Medical and Dental Associations. The motion of Jason H. Hilborn, for admission to practice Pro Hae Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hae Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/18/2019) (kv) (Entered: 07/16/2019)

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62 More Docket Entries
  • 06/11/2019
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  • (#10) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc..(Kolbi-Molinas, Alexa) (Entered: 06/11/2019)

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  • 06/11/2019
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  • (#9) REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Health and Human Services, c/o U.S. Attorney's Office, Southern District of New York, re: #1 Complaint,. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc.. (Kolbi-Molinas, Alexa) (Entered: 06/11/2019)

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  • 06/11/2019
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  • (#8) REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Health and Human Services, c/o Attorney General of the United States, re: #1 Complaint,. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc.. (Kolbi-Molinas, Alexa) (Entered: 06/11/2019)

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  • 06/11/2019
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  • (#7) REQUEST FOR ISSUANCE OF SUMMONS as to Office for Civil Rights of the U.S. Department of Health and Human Services, re: #1 Complaint,. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc.. (Kolbi-Molinas, Alexa) (Entered: 06/11/2019)

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  • 06/11/2019
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  • (#6) REQUEST FOR ISSUANCE OF SUMMONS as to Roger Severino, re: #1 Complaint,. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc.. (Kolbi-Molinas, Alexa) (Entered: 06/11/2019)

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  • 06/11/2019
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  • (#5) REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Health and Human Services, re: #1 Complaint,. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc.. (Kolbi-Molinas, Alexa) (Entered: 06/11/2019)

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  • 06/11/2019
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  • (#4) REQUEST FOR ISSUANCE OF SUMMONS as to Alex M. Azar II, re: #1 Complaint,. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc.. (Kolbi-Molinas, Alexa) (Entered: 06/11/2019)

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  • 06/11/2019
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  • (#3) RELATED CASE AFFIRMATION of Alexa Kolbi-Molinas re: that this action be filed as related to 19-cv-4676. Document filed by National Family Planning and Reproductive Health Association, Public Health Solutions, Inc..(Kolbi-Molinas, Alexa) (Entered: 06/11/2019)

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  • 06/11/2019
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  • (#2) CIVIL COVER SHEET filed. (Kolbi-Molinas, Alexa) (Entered: 06/11/2019)

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  • 06/11/2019
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  • (#1) COMPLAINT against Alex M. Azar, II, Office for Civil Rights of the U.S. Department of Health and Human Services, Roger Severino, U.S. Department of Health and Human Services. (Filing Fee $ 400.00, Receipt Number ANYSDC-17057562)Document filed by Public Health Solutions, Inc., National Family Planning and Reproductive Health Association. (Attachments: #1 Exhibit A - Final Rule)(Kolbi-Molinas, Alexa) (Entered: 06/11/2019)

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