IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

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No. 14-50928
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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.


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Appeal from the United States District Court
for the Western District of Texas
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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