Planned Parenthood Gulf Coast, Inc. et al v. Kliebert

Filing 121

ORDER denying 115 Motion to Vacate the Preliminary Injunction. Signed by Judge John W. deGravelles on 4/7/2021. (KMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
PLANNED PARENTHOOD GULF
COAST, INC.
VERSUS
COURTNEY PHILLIPS, in her official
capacity as Secretary of the Louisiana
Department of Health

CIVIL ACTION
NO. 15-565-JWD-RLB

ORDER
This matter comes before the Court on the Motion to Vacate the Preliminary Injunction
(Doc. 115) (the “Motion”) filed by Defendant Dr. Courtney Phillips, in her official capacity as
Secretary of the Louisiana Department of Health. Plaintiff Planned Parenthood Gulf Coast, Inc.
opposes the motion, (Doc. 116), and Defendant has filed a reply, (Doc. 119). Oral argument is not
necessary. The Court has carefully considered the law, the facts in the record, and the arguments
and submissions of the parties and is prepared to rule.
For the following reasons, Defendant’s motion is denied. This Court granted Defendant’s
earlier Motion to Stay Proceedings (Doc. 109) and ordered that:
[A]ll proceedings are stayed and administratively closed pending
decisions in the en banc rehearing of Planned Parenthood of
Greater Texas Family Planning & Preventative Health Servs., Inc.
v. Smith, 914 F.3d 994 (5th Cir. 2019), and the appeal in Planned
Parenthood Gulf Coast, Inc. v. Gee, No. 18- 30699 (5th Cir.) (“Gee
II”), after which time the parties shall file a motion to lift the stay.
(Doc. 114 at 1 (emphasis in original).) As Defendant concedes, no ruling has been issued in Gee
II. (See Doc. 115-1 at 1.) Thus, the requirements to lift the stay have not been satisfied.
Further, regardless of the ruling in Planned Parenthood of Greater Texas Family Planning
& Preventative Health Services, Inc. v. Kauffman, 981 F.3d 347 (5th Cir. 2020) (en banc), the

Court sees little reason to vacate the injunction (which necessarily requires a limited lifting of the
stay) until the legal landscape of this case is fully clarified by a decision in Gee II. This is
particularly true given the facts that (1) vacating the injunction could cause the Court (and the
parties) to expend considerable time and resources to try and decide the constitutional issues before
a decision in Gee II, despite the fact that a ruling in Gee II could render such time and expense
unnecessary, and (2) oral argument was heard in Gee II on January 9, 2019, so a ruling will
presumably be issued soon. (Gee II, Doc. 69.)
Accordingly,
IT IS ORDERED that the Motion to Vacate the Preliminary Injunction (Doc. 115) filed
by Defendant Dr. Courtney Phillips, in her official capacity as Secretary of the Louisiana
Department of Health, is DENIED.
Signed in Baton Rouge, Louisiana, on April 7, 2021.

S

JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA