IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

PLANNED PARENTHOOD CENTER FOR 

CHOICE, et al.,

Plaintiffs,

v.

GREG ABBOTT, in his official capacity as 

Governor of Texas, et al.,

 

Defendants.

No. 1:20-cv-00323-LY

AGREED STIPULATION FOR NON-ENFORCEMENT PENDING FINAL

RESOLUTION, ATTORNEYS FEES AND COSTS

Plaintiff Houston Women’s Clinic and Defendant Brian Middleton, District Attorney of 

Fort Bend County, Texas (“Defendant”) in the above-styled and numbered cause stipulate as 

follows: 

Stipulations by Plaintiff

1. Plaintiff Houston Women’s Clinic stipulates and agrees not to seek attorney’s fees, 

penalties, damages, expert fees, court costs, or other costs or expenses of any kind, from Defendant 

in the above-captioned and numbered case. Plaintiff further agrees to withdraw their prior request 

for a temporary restraining order and preliminary injunctive relief against Defendant at this time. 

This stipulation does not preclude Plaintiff from seeking, at their sole discretion, such injunctive 

relief against Defendant should Plaintiff elect to do so in the future. 

Stipulations by Defendant

2. Whereas Plaintiff in the instant lawsuit challenge the constitutionality of Governor 

Greg Abbott’s March 22, 2020, Executive Order GA 09, “Relating to hospital capacity during the 

COVID-19 disaster,” a violation of which Defendant may enforce, and are requesting temporary 

injunctive relief pending final resolution of the matter, Defendant agrees not to enforce Governor 

Greg Abbott’s March 22, 2020, Executive Order as applied to Plaintiff until such time as a final 

non-appealable judgment has been issued in this matter. 

3. In light of the fact that the Texas Attorney General intends to defend the 

constitutionality of the Executive Order and its interpretation of that order on a statewide basis on 

behalf of the Governor, Attorney General, and other state Defendants, Defendant agrees not to 
2

participate in litigating the above-styled and numbered cause unless required to do so. Further, by 

entering into this stipulation, Defendant is conserving prosecutorial resources until such time as 

the constitutionality of the Executive Order as applied to Plaintiff is resolved.

Stipulation on Filing of Answer by Defendant

4. Plaintiff and Defendant agree that Defendant shall not file an answer, unless 

ordered to do so by the Court, and that no default judgment shall be taken against him.

5. These stipulations are made without prejudice to any claim or defense that 

Plaintiff or Defendant may assert subsequent to this stipulation.

6. This document may be executed in counterparts.

Dated March 28, 2020

Respectfully submitted,

 

/s/ Justin C. Pfeiffer 

JUSTIN C. PFEIFFER (SBN 24091473)

Pro Hac Vice

W.D. Tex. Admission Pending

Assistant Fort Bend County Attorney

301 Jackson Street (Mail)

401 Jackson Street, Third Floor (Office)

Richmond, Texas 77469

Telephone: (281) 341-4555

Facsimile: (281) 341-4557

Justin.Pfeiffer@fortbendcountytx.gov

ATTORNEY OF RECORD FOR DEFENDANT

BRIAN M. MIDDLETON 

/s/ Patrick J. O’Connell

Patrick J. O’Connell

Texas Bar No. 15179900

Law Offices of Patrick J. O’Connell PLLC

5926 Balcones Dr., Ste. 220

Austin, Texas 78731

(512) 852-5918

pat@pjofca.com

Attorney for All Plaintiffs
3

Anjali Salvador, TX Bar No. 24110324*

Andre Segura, TX Bar No. 24107112*

ACLU FOUNDATION OF TEXAS, INC.

5225 Katy Freeway, Suite 350

Houston, TX 77007

Tel. (713) 942-8146

Fax: (713) 942-8966

asalvador@aclutx.org

asegura@aclutx.org

Brigitte Amiri*

AMERICAN CIVIL LIBERTIES UNION FOUNDATION

125 Broad Street, 18th Floor

New York, NY 10004

Tel. (212) 549-2600

Fax: (212) 549-2652

bamiri@aclu.org

Attorneys for Plaintiff Houston Women’s Center

*admitted pro hac vice
4

SIGNATURE CERTIFICATION

Pursuant to Section 14(c) of the Administrative Policies and Procedures for Electronic 

Filing In Civil and Criminal Cases of the United States District Court for the Western District of 

Texas, I hereby certify that the content of this document are acceptable to Patrick J. O’Connell

and counsel for all plaintiffs, and that I have obtained counsels’ authorization to affix their

electronic signature to this document. 

Dated April 14, 2020

Respectfully submitted,

 

/s/ Justin C. Pfeiffer 

JUSTIN C. PFEIFFER (SBN 24091473)

Pro Hac Vice

W.D. Tex. Admission Pending

Assistant Fort Bend County Attorney

301 Jackson Street (Mail)

401 Jackson Street, Third Floor (Office)

Richmond, Texas 77469

Telephone: (281) 341-4555

Facsimile: (281) 341-4557

Justin.Pfeiffer@fortbendcountytx.gov

ATTORNEY OF RECORD FOR DEFENDANT

BRIAN M. MIDDLETON 
5

CERTIFICATE OF SERVICE

I hereby certify that on April 14, 2020, the foregoing document were served on counsel 

by CM/ECF. 

DATED: April 14, 2020

/s/ Justin C. Pfeiffer

JUSTIN C. PFEIFFER