West Alabama Women's Center et al v. Miller

Filing 31

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
)
patients,
)
)
Plaintiffs,
)
)
v.
)
)
DONALD E. WILLIAMSON,
)
M.D., in his official
)
capacity as State Health
)
Officer,
)
)
Defendant.
)

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

STIPULATED ORDER
In accordance with the opinion entered this date,
it

is

ORDERED,

proceedings

in

ADJUDGED,

this

case

and
are

DECREED

stayed

that

based

on

all
the

following:
1.

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.

Code

§ 420-5-1-.03(6)(b)

(the

“Regulation”)

for

a

period of one year, expiring on August 24, 2016.
2.

The plaintiffs shall continue to abide by the

policies

and

connection

protocols

with

submitted

to

the

motions

for

a

their

court

in

temporary

restraining order and preliminary injunction (doc. nos.
4, 18).

The plaintiffs shall also continue to make

reasonable,

good

faith

efforts

to

comply

with

the

Regulation while it remains in effect, as set forth in
the court’s August 13, 2015, opinion (doc. no. 22).
3.

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
undue

burden

as

discussed

in

the

court’s

August

13

opinion.
4.

Further litigation on the merits in this matter

is stayed to allow DPH to engage in the rulemaking

2

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

stay,

amend

the

complaint,

or

seek

other

appropriate relief.
5.
the

The plaintiffs shall have up to 30 days from

effective

date

of

the

final

rule,

in

which

to

review the rule and move this court to dismiss this
action, lift the stay, amend the complaint, or seek
other appropriate relief.
6.

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
for

an

amount

of

time

necessary

to

complete

the

rulemaking process, but no less than 30 days after the
effective date of a final rule.
7.

The stay of this litigation may be lifted at

any time by order of the court.

3

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.
8.

Nothing

in

this

order

precludes

the

parties

from jointly requesting the court to modify any terms
of this order.
9.
matter

The court shall retain jurisdiction over this
during

the

stay

and

until

such

time

as

a

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