WHOLE WOMANS HEALTH; AUSTIN WOMANS HEALTH CENTER; KILLEEN WOMANS HEALTH CENTER; NOVA HEALTH SYSTEMS, Doing Business as Reproductive Services; SHERWOOD C. LYNN, JR., M.D.; PAMELA J. RICHTER, D.O.; LENDOL L. DAVIS, M.D., Each on Behalf of Themselves and Their Patients,
PlaintiffsAppellees,
versus
DAVID LAKEY, M.D., Commissioner of the Texas Department of State Health Services, in His Official Capacity; MARI ROBINSON, Executive Director of the Texas Medical Board, in Her Official Capacity,
DefendantsAppellants.
_______________________
Appeal from the United States District Court for the Western District of Texas _______________________
O R D E R : On Friday August 29, the district court entered a judgment enjoining much of the challenged statute scheduled to go into effect at 12:01 a.m. Monday September 1. In anticipation of that judgment, the state appellants alerted Case: 14-50928 Document: 00512754094 Page: 1 Date Filed: 09/02/2014 the Clerk of this court on Friday afternoon that the appellants would be filing a motion for stay pending appeal. The appellants waited until 11:59 p.m. on Sunday August 31 to file the stay motion; a corrected version was sent at 12:08 a.m. on Monday September 1. This did not allow time for a response, or for the court adequately to consider the motion, before the scheduled effective date, though the appellants claim irreparable harm from the statutes not being enforced. Moreover, the tardy motion was well in excess of the number of pages that are allowed. IT IS ORDERED that appellants motion for leave to file, in excess of the page limit, their motion for stay pending appeal is GRANTED. The appellees must file their opposition to the motion by Monday September 8 at 5:00 p.m., which may be up to 33-pages, exclusive of the disclosure statement, the proof of service, and the accompanying documents required by Rule 5(b)(1)(E). The appellants must file their reply in support of the motion by Wednesday September 10 at 5:00 p.m. The attorneys should assume that no extensions will be granted. The court will hear oral arguments on the motion for stay pending appeal at 10:00 a.m. on Friday, September 12, 2014, in New Orleans. Each side is permitted 30 minutes of argument. The attorneys are reminded that neither the briefs nor the arguments should refer to anything outside the district court record in this case. The court holds in abeyance the motion to expedite the appeal. IT IS SO ORDERED.
/s/ Lyle W. Cayce LYLE W. CAYCE Clerk of Court
ENTERED AT THE DIRECTION OF THE COURT Case: 14-50928 Document: 00512754094 Page: 2 Date Filed: 09/02/2014 United States Court of Appeals FIFTH CIRCUIT OFFICE OF THE CLERK
LYLE W. CAYCE CLERK
TEL. 504-310-7700 600 S. MAESTRI PLACE NEW ORLEANS, LA 70130
September 02, 2014
MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW:
No. 14-50928 Whole Woman's Health, et al v. David Lakey, et al USDC No. 1:14-CV-284
Enclosed is an order entered in this case.
Sincerely,
LYLE W. CAYCE, Clerk
By: _________________________ Peter A. Conners, Deputy Clerk 504-310-7685
Mr. Betre Gizaw Ms. Beth Ellen Klusmann Mr. Joseph Alexander Lawrence Mr. Jonathan F. Mitchell Mr. William Putnicki Ms. Stephanie Toti
Case: 14-50928 Document: 00512754097 Page: 1 Date Filed: 09/02/2014