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