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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

JOINT STATUS REPORT

In response to this Court’s order that the parties submit a status report by April 14, 2020, 

the parties have conferred regarding Plaintiffs’ pending preliminary injunction motion. They 

submit the following information as to their positions:

(a) The parties agree to dispose of live testimony at the evidentiary hearing on Plaintiffs’ 

motion for a preliminary injunction. They will present evidence by stipulations, declarations, and 

exhibits. 

(b) The parties agree not to engage in discovery at the preliminary injunction stage of the 

case.

(c) The parties have been unable to agree on a briefing schedule and a schedule for the 

filing of evidence, exhibits, stipulations, and proposed findings of fact and conclusions of law. 

Plaintiffs propose the following:

● 4/17: Parties serve on all other parties any declarations and exhibits on which they 

rest for their affirmative positions

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● 4/22: Plaintiffs file their supplemental brief in support of a preliminary injunction, 

with supporting declarations and exhibits (limited to those served on 4/17)

● 4/22: Parties serve on on all other parties rebuttal declarations and exhibits 

● 4/23: Defendants file their opposition to the preliminary injunction, with supporting 

declarations and exhibits (limited to those served on 4/17 and 4/22)

● 4/24: Parties file joint stipulations

● 4/25: Parties file proposed Findings of Fact and Conclusions of Law; Plaintiffs file 

their reply in support of the preliminary injunction with supporting declarations and 

exhibits (limited to those served on 4/17 and 4/22)

Defendants propose the following:

Defendants believe that until the Governor indicates whether EO GA-09 will be extended, 

modified, replaced, or permitted to expire after April 21, 2020, any efforts to submit evidence or 

briefing could not be final and “makes no sense,” as the Court put it in its April 8 order. To avoid 

the need to supplement the parties’ briefing and/or evidence (and any last-minute delays or 

rescheduling of the hearing such supplementation might require), Defendants propose deadlines 

that would enable the parties sufficient time to prepare and finalize both their briefing and their 

relevant evidence as soon after April 21, 2020, as reasonable:

● April 24, 2020: Plaintiffs must file their initial brief, with all supporting evidence, 

by this date.

● April 27, 2020: Defendants must file their response brief, with all supporting 

evidence, by this date.

● April 28, 2020: Plaintiffs must file any reply brief by this date.

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● April 29, 2020: The parties must file any stipulations, as well as each party’s 

proposed findings of fact and conclusions of law, by this date.

 (d) Plaintiffs believe that no more than two hours are necessary for the hearing; 

Defendants would limit the time allotted to one hour. 

(e) The parties have been unable to agree on a proposed date range for the hearing. 

In the absence of a TRO for all relief sought by Plaintiffs, Plaintiffs respectfully request to 

proceed on as rapid a timetable as possible, with a hearing proposed on April 27, 2020. They are 

available throughout the week of April 27 as well, and would ask that the hearing be held as soon 

as practicable for the Court. Moreover, because the current TRO expires on April 19, they intend 

to seek an extension of the TRO remaining in effect at that time until the Court may issue a decision 

on the preliminary injunction motion.

Defendants believe that a hearing could be held as early as April 30, 2020, or on any later 

date convenient for the Court. This would allow sufficient time for the parties to fully brief and 

prepare their cases following the plan laid out by the Court, and to avoid possible delays caused 

by an overly ambitious schedule, especially in light of the uncertainty before April 21, 2020.

(f) As indicated above, the parties do not agree on a date for filing evidence, exhibits, 

stipulations, and proposed findings of fact and conclusions of law.

Plaintiffs believe that, particularly in the absence of discovery in this case, each party 

should have an opportunity to introduce evidence in rebuttal to evidence offered by any other party 

in support of its affirmative arguments. Plaintiffs, therefore, propose simultaneous disclosures of 

affirmative and rebuttal evidence, on April 17 and 22, respectively. In the alternative, Plaintiffs 

would ask that they be permitted to submit rebuttal evidence alongside any reply brief. 

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Defendants believe that all evidence or exhibits should be filed by the parties along with 

their respective initial or response brief. Defendants believe that a deadline for filing any 

stipulations and each party’s proposed findings of fact and conclusions of law may be as early as 

April 29, 2020.

Dated: April 14, 2020 

Respectfully submitted,

/s/ Patrick J. O’Connell

Patrick J. O’Connell

Texas Bar No. 15179900

Law Offices of Patrick J. O’Connell PLLC

2525 Wallingwood, Bldg. 14

Austin, Texas 78746

(512) 852-5918

pat@pjofca.com

Attorney for all Plaintiffs

Julie Murray*

Hannah Swanson*

PLANNED PARENTHOOD FEDERATION 

OF AMERICA

1110 Vermont Ave., NW Ste. 300

Washington, D.C. 20005

(202) 973-4800

julie.murray@ppfa.org

hannah.swanson@ppfa.org

Jennifer Sandman*

PLANNED PARENTHOOD FEDERATION 

OF AMERICA

123 William Street

New York, NY 10038

(212) 541-7800

jennifer.sandman@ppfa.org

Attorneys for Plaintiffs Planned Parenthood 

Center for Choice, Planned Parenthood of 

Greater Texas Surgical Health Services, and 

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Planned Parenthood South Texas Surgical 

Center

Molly Duane*

Rabia Muqaddam*

Francesca Cocuzza*

CENTER FOR REPRODUCTIVE RIGHTS

199 Water St., 22nd Floor

New York, NY 10038

(917) 637-3631

mduane@reprorights.org

rmuqaddam@reprorights.org

fcocuzza@reprorights.org

Attorneys for Plaintiffs Southwestern 

Women’s Surgery Center and Brookside 

Women’s Medical Center PA d/b/a 

Brookside Women’s Health Center and 

Austin Women’s Health Center

Stephanie Toti

Rupali Sharma*

LAWYERING PROJECT

25 Broadway, Fl. 9

New York, NY 10004

(646) 490-1083

stoti@lawyeringproject.org

rsharma@lawyeringproject.org

Attorneys for Plaintiffs Whole Woman’s Health 

and Whole Woman’s Health Alliance

*Admitted Pro Hac Vice

KEN PAXTON

Attorney General of Texas

JEFFREY C. MATEER

First Assistant Attorney General

RYAN L. BANGERT

Deputy First Assistant Attorney General

DARREN MCCARTY

Deputy Attorney General for Civil Litigation

Case 1:20-cv-00323-LY Document 78 Filed 04/14/20 Page 5 of 6
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THOMAS A. ALBRIGHT

Chief, General Litigation Division

/s/ Andrew B. Stephens 

ANDREW B. STEPHENS

Texas Bar No. 24079396

Attorney in Charge

BENJAMIN S. WALTON

Texas Bar No. 24075241

Assistant Attorneys General

General Litigation Division

HEATHER GEBELIN HACKER

Assistant Solicitor General

Texas Bar No. 24103325

Office of the Attorney General

300 West 15th Street

P.O. Box 12548

Austin, Texas 78711-2548

(512) 463-2120 (phone)

(512) 320-0667 (fax)

Attorneys for State Defendants 

 

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