West Alabama Women's Center et al v. Miller
STIPULATED ORDER: it is ORDERED, ADJUDGED, and DECREED that all proceedings in this case are stayed, as further set out in order; It is further ORDERED that the plaintiffs' motion for preliminary injunction (doc. no. 3 ) is denied with leave to renew and to be reinstated as of the time of its original filing. It is further ORDERED that the clerk of the court is to close this case administratively. Signed by Honorable Judge Myron H. Thompson on 8/31/2015. (kh, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
WEST ALABAMA WOMEN’S
CENTER and WILLIAM J.
PARKER, M.D., on behalf of )
themselves and their
DONALD E. WILLIAMSON,
M.D., in his official
capacity as State Health
CIVIL ACTION NO.
In accordance with the opinion entered this date,
Pursuant to Ala. Admin. Code, § 420-1-2-.09,
defendant Donald E. Williamson has granted plaintiff
West Alabama Women’s Center a waiver from Ala. Admin.
period of one year, expiring on August 24, 2016.
The plaintiffs shall continue to abide by the
restraining order and preliminary injunction (doc. nos.
The plaintiffs shall also continue to make
Regulation while it remains in effect, as set forth in
the court’s August 13, 2015, opinion (doc. no. 22).
The Alabama Department of Public Health (“DPH”)
shall initiate the rulemaking process pursuant to the
Alabama Administrative Procedure Act, 1975 Ala. Code
§ 41-22-1, et seq., as soon as possible to modify the
Regulation so that it will meet DPH’s goal of ensuring
the health and safety of patients without creating an
Further litigation on the merits in this matter
is stayed to allow DPH to engage in the rulemaking
process as set forth above.
If no changes to the rules
are promulgated or the Alabama Legislature exercises
its right under 1975 Ala. Code § 41-22-23 to disapprove
the rule, then the plaintiffs shall have up to 60 days
from the end of the process to move this court to lift
The plaintiffs shall have up to 30 days from
review the rule and move this court to dismiss this
action, lift the stay, amend the complaint, or seek
other appropriate relief.
If a final rule does not become effective by 30
days prior to the date of the expiration of the waiver,
the defendant agrees that the waiver will be extended
rulemaking process, but no less than 30 days after the
effective date of a final rule.
The stay of this litigation may be lifted at
any time by order of the court.
Should a party move
the court to lift the stay in litigation, the other
party will have no less than 30 days to respond before
the court rules on the motion, provided however that
this period will be shortened in accordance with Fed.
R. Civ. P. 65 should the plaintiffs seek to lift the
stay in order to obtain emergency relief.
from jointly requesting the court to modify any terms
of this order.
The court shall retain jurisdiction over this
dismissal or final judgment is issued.
It is further ORDERED that the plaintiffs’ motion
for preliminary injunction (doc. no. 3) is denied with
leave to renew and to be reinstated as of the time of
its original filing.
It is further ORDERED that the clerk of the court
is to close this case administratively.
DONE, this the 31st day of August, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE
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