West Alabama Women's Center et al v. Miller
JUDGMENT DISMISSING MEDICAL-RECORDS CLAIMS: it is the ORDER, JUDGMENT, and DECREE of the court that: (1) The 88 motion is granted, as follows; (2) The parties' stipulation and this order fully resolve plfs' Count I and Count II of the [50 ] First Supplemental Complaint challenging the medical-records requirement, and those counts are dismissed, except to the extent that the following order is entered, as further set out in Judgment; (3) If a party believes that the parties' settl ement is being violated, said party may file an appropriate motion regarding enforcement; 4) The parties are to arrange for an on-the-record Conference Call for 9/23/2019, at 10:00 AM to determine whether there is a continuing need for the court to r etain jurisdiction over this settlement. The parties shall file statements of their respective positions five days before said call; This case is not closed. Signed by Honorable Judge Myron H. Thompson on 9/29/2016. (furn: calendar, ag) (Attachments: # 1 Civil Appeals Checklist) (wcl, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
WEST ALABAMA WOMEN’S
CENTER, et al., on behalf
of themselves and their
DR. THOMAS M. MILLER, in )
his official capacity as )
State Health Officer,
CIVIL ACTION NO.
JUDGMENT DISMISSING MEDICAL-RECORDS CLAIMS
Upon consideration of the joint motion to enter a
(the “medical-records requirement”) (doc. no. 88), it
is the ORDER, JUDGMENT, and DECREE of the court that:
(1) The motion is granted, as follows.
(2) The parties’ stipulation and this order fully
resolve plaintiffs’ Count I and Count II of the First
Supplemental Complaint (doc. no. 50) challenging the
order is entered:
Admin. Code r. 420-5-1-.03(6)(c)(4) (doc. no. 50-1 at
ECF p. 13, effective June 2, 2016) (“The patient shall
receive a copy of her medical record that pertains to
forth in this order.
(b) West Alabama Women’s Center, as well as any
abortion clinic availing itself of Ala. Admin. Code r.
420-5-1-.03(6)(c) (permitting compliance with the rule
if the clinic is unable to obtain a written contract
presenting each patient with a “Notification Regarding
Medical Record” (doc. no. 88-1) and properly filling it
out, and (ii) presenting each patient who has requested
(doc. no. 88-2).
(c) The court retains jurisdiction over this
settlement is being violated, said party may file an
appropriate motion regarding enforcement.
(4) The parties are to arrange for an on-the-record
conference call for September 23, 2019, at 10:00 a.m.
to determine whether there is a continuing need for the
court to retain jurisdiction over this settlement.
This case is not closed.
DONE, this the 29th day of September, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?