West Alabama Women's Center et al v. Miller

Filing 101

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
patients,

)
)
)
)
)
Plaintiffs,
)
)
)
v.
)
)
DR. THOMAS M. MILLER, in )
his official capacity as )
State Health Officer,
)
et al.,
)
)
Defendants.
)

CIVIL ACTION NO.
2:15cv497-MHT
(WO)

JUDGMENT DISMISSING MEDICAL-RECORDS CLAIMS
Upon consideration of the joint motion to enter a
stipulation

of

challenging

Ala.

dismissal
Admin.

Code

of
r.

plaintiffs’

claims

420-5-1-.03(6)(c)(4)

(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
medical-records
dismissed,

requirement,

except

to

the

and

extent

those
that

counts

the

are

following

order is entered:
(a) The

medical-records

requirement

of

Ala.

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
the

current

facility.”)

abortion
is

procedure

satisfied

prior

through

the

to

leaving

the

procedures

set

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
with

an

outside

covering

physician),
2

satisfies

the

medical-records

requirement

of

the

rule

by

(i)

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
a

copy

of

her

medical

record

a

“Discharge

Summary”

(doc. no. 88-2).
(c) The court retains jurisdiction over this
matter

to

ensure

the

parties’

party

believes

compliance

with

this

order.
(3) If

a

that

the

parties’

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.
parties
positions

shall

file

five

statements
days

of

before

3

their

The

respective

said

call.

This case is not closed.
DONE, this the 29th day of September, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE