West Alabama Women's Center et al v. Miller

Filing 67

CONSENT TEMPORARY RESTRAINING ORDER AND SCHEDULING ORDER: it is ORDERED, by agreement of the parties, that the plfs' 53 motion for a temporary restraining order is granted to the extent that the dfts are enjoined from enforcing Alabama Act No. 2016-388 and Alabama Act No. 2016-397; This order shall remain effective until three weeks after the end of the hearing set forth below; ORDER Setting Hearing on Motion re 53 MOTION for Preliminary Injunction: Evidentiary Hearing and Oral Argument set for 10/4/2016, at 09:00 AM, in Courtroom 2FMJ, before Honorable Judge Myron H. Thompson; The dfts are to file a response to the motion, including an outline of the evidence they plan to present at the evidentiary hearing, by 8/30/2016; The plfs may file a reply by 9/20/2016. Either in their reply or as a separate document, the plfs should also, by 9/20/2016, file with the court an outline of the evidence they plan to present at the evidentiary hearing, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 7/13/2016. (furn: calendar, ag) (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

WEST ALABAMA WOMEN’S
CENTER, et al.,

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

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

CONSENT TEMPORARY RESTRAINING ORDER
AND SCHEDULING ORDER
This

matter

involves

a

challenge

to

an

Alabama

Department of Public Health regulation and two Alabama
statutes.
restraining

The plaintiffs have moved for a temporary
order

or

preliminary

injunction.

This

order sets the matter for a hearing on the plaintiffs’
motion

for

preliminary

injunction

and

maintains

the

status quo to provide the parties and the court the
opportunity to address the issues.
The

plaintiffs’

claim

addressing

the

challenged

regulation was addressed in a separate order.
The

two

statutes

in

question

concern

abortion.

They are Senate Bill 205 (Alabama Act no. 2016-388) and
Senate Bill 363 (Alabama Act no. 2016-397).

The former

statute concerns the location of abortion clinics with
respect to K-8 public schools, and the latter concerns
the

dilation

and

certain abortions.

evacuation

method

of

performing

Both statutes go into effect August

1, 2016.
In order to provide the defendants an appropriate
opportunity to respond to the plaintiffs’ motion, and
to provide the court time to consider the matter, and
pursuant to the representations made on the record on
July

12,

2016,

it

is

ORDERED,

by

agreement

of

the

parties, that the plaintiffs’ motion for a temporary
restraining

order

(doc. no. 53)

is

granted

to

the

extent that the defendants are enjoined from enforcing

2

Alabama Act No. 2016-388 and Alabama Act No. 2016-397.
This

order

shall

remain

effective

until

three

weeks

after the end of the hearing set forth below.
It is further ORDERED that the plaintiffs’ motion
for a preliminary injunction (doc. no. 53) is set for
an evidentiary hearing and oral argument on October 4,
2016, at 9:00 a.m., in the Frank M. Johnson Jr. United
States Courthouse Complex, Courtroom 2FMJ, One Church
Street,

Montgomery,

Alabama.

The

defendants

are

to

file a response to the motion, including an outline of
the evidence they plan to present at the evidentiary
hearing, by August 30, 2016.

The plaintiffs may file a

reply by September 20, 2016.

Either in their reply or

as a separate document, the plaintiffs should also, by
September 20, 2016, file with the court an outline of
the evidence they plan to present at the evidentiary
hearing.
While the above dates, including the hearing date,
differ

from

the

dates

discussed

during

the

on-the-record conference call on July 12, 2016, counsel

3

for all parties have orally informed the court that
they agree to these dates.
DONE, this the 13th day of July, 2016.

/s/ Myron H. Thompson_____
UNITED STATES DISTRICT JUDGE