Planned Parenthood Southeast, Inc. v. Bentley et al
Filing
70
ORDERED that the 69 Joint Motion to Enter Final Order is granted as follows: Dfts Robert Bentley and Stephanie McGee Azar, and all those acting in concert with them, are PERMANENTLY ENJOINED from suspending Medicaid payments to Planned Parenthood S outheast, Inc., or terminating their provider agreements based upon any allegation, video or documentation prepared by, or in concert with, the Center for Medical Progress that has been released or made available as of the date of this Order. PROVIDE D HOWEVER, that nothing in this Order prohibits the Governor and Commissioner from terminating Planned Parenthood Southeast, Inc.'s Medicaid provider agreements for cause as defined by the Medicaid Act, should such cause arise in the future; Dft s Robert Bentley and Stephanie McGee Azar, and all those acting in concert with them, are PERMANENTLY ENJOINED from terminating Planned Parenthood Southeast, Inc.'s Medicaid provider agreements on an at-will basis; Dfts shall pay Plfs' coun sel fifty one thousand, nine dollars and eighty nine cents ($51,009.89) in full satisfaction of any claim for attorneys' fees, expenses and costs within ninety (90) days of this Order; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 11/30/2015. (Attachments: # 1 Civil Appeals Checklist) (wcl, )
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
PLANNED PARENTHOOD
SOUTHEAST, INC.; and
JANE DOE,
Plaintiffs,
v.
ROBERT BENTLEY, Governor
of Alabama, in his
official capacity; and
STEPHANIE McGEE AZAR,
Acting Commissioner,
Alabama Medicaid Agency,
in her official capacity,
Defendants.
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CIVIL ACTION NO.
2:15cv620-MHT
(WO)
ORDER
Before the Court is the parties’ Joint Motion to
Enter Final Order (doc. no. 69). Upon consideration of
the motion, it is ORDERED that the motion (doc. no. 69)
is granted as follows:
Defendants Robert Bentley and Stephanie McGee Azar,
and
all
those
acting
in
concert
with
them,
are
PERMANENTLY ENJOINED from suspending Medicaid payments
to Planned Parenthood Southeast, Inc., or terminating
their provider agreements based upon any allegation,
video or documentation prepared by, or in concert with,
the Center for Medical Progress that has been released
or
made
available
as
of
the
date
of
this
Order.
PROVIDED HOWEVER, that nothing in this Order prohibits
the Governor and Commissioner from terminating Planned
Parenthood
Southeast,
Inc.’s
Medicaid
provider
agreements for cause as defined by the Medicaid Act,
should such cause arise in the future.
Defendants Robert Bentley and Stephanie McGee Azar,
and
all
those
acting
PERMANENTLY
ENJOINED
Parenthood
in
Southeast,
concert
from
with
them,
terminating
Inc.’s
Medicaid
are
Planned
provider
agreements on an at-will basis.
Defendants shall pay Plaintiffs’ counsel fifty one
thousand,
nine
($51,009.89)
in
dollars
full
and
eighty
satisfaction
of
nine
any
cents
claim
for
attorneys’ fees, expenses and costs within ninety (90)
days of this Order.
2
The clerk of the court is DIRECTED to enter this
document
on
the
civil
pursuant
to
Rule
58
of
docket
the
as
a
final
Federal
Rules
judgment
of
Civil
Procedure.
This case is closed.
DONE, this the 30th day of November, 2015.
_ /s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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