Planned Parenthood v. NH AG

2007 DNH 014

• Court: District Court, D. New Hampshire
• Decided: February 1, 2007
• Docket: Civil 03-cv-491-JD
• Status: Published

Opinion

Planned Parenthood v . NH AG 03-CV-491-JD 2/1/07 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Planned Parenthood of Northern New England, et a l .

v. Civil N o . 03-cv-491-JD Opinion N o . 2007 DNH 014 NH Attorney General

PROCEDURAL ORDER

This court has taken judicial notice that House Bill 1 8 4 , an

Act repealing the Parental Notification Law, is pending in the

New Hampshire House of Representatives. Legislative action on

this Bill may have a direct affect on this case which is

currently pending before this court on remand from the United

States Court of Appeals for the First Circuit.

If House Bill 184 is enacted into law, this case will be

rendered moot; if it is not enacted into law, this case will

proceed; if the Parental Notification Law is amended, then the

legal landscape of this case may well change.

On this date, the court met with counsel for the parties and

indicated that in its opinion this case should be temporarily

stayed during the time that House Bill 184 is actively under

consideration by the New Hampshire Legislature, in deference to the Legislature. A temporary stay would also conserve the public

and private resources of the parties and the court. Counsel

agreed.

Therefore, in the interest of comity and in deference to the

New Hampshire Legislature which is currently considering House

Bill 1 8 4 , this action is temporarily stayed, pending further

order of the court, during such time as the New Hampshire

Legislature is actively considering House Bill 184. The permanent injunction issued in this case shall remain in

full force and effect. This stay is issued without prejudice to

the positions of the parties in this case. All pending motions

are terminated subject to being reinstated at an appropriate

time, if necessary, upon the request of any party.

The New Hampshire Attorney General is requested to forward a

copy of this order to the President of the New Hampshire Senate

and the Speaker of the New Hampshire House of Representatives.

SO ORDERED.

^I_________________________ \JJoseph A. l5iClerico7 Jr. United States District Judge February 1, 2007

cc: Erica U. Bodwell, Esquire Charu A. Chandrasekhar, Esquire Jennifer Dalven, Esquire Martin P. Honigberg, Esquire Dara Klassel, Esquire Laura E. B. Lombardi, Esquire Cathleen M. Mahoney, Esquire Corinne L. Schiff, Esquire Maureen D. Smith, Esquire Lawrence A. Vogelman, Esquire