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WHOLE WOMAN'S HEALTH v. SMITH

No. 18-50484.

896 F.3d 362 (2018)

WHOLE WOMAN'S HEALTH; Brookside Women's Medical Center, P.A., doing business as Brookside Women's Health Center and Austin Women's Health Center; Lendol L. Davis, M.D.; Alamo City Surgery Center, P.L.L.C., doing business as Alamo Women's Reproductive Services; Whole Woman's Health Alliance; Dr. Bhavik Khumar, Plaintiffs-Appellees, v. Charles SMITH, Executive Commissioner of the Texas Health and Human Services Commission, in his official capacity, Defendant-Appellee, v. Texas Catholic Conference, Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

REVISED July 17, 2018.

Attorney(s) appearing for the Case

David Patrick Brown , Stephanie Toti, Esq. , Staff Attorney, Lawyering Project, 9th Floor, 25 Broadway, New York, NY 10004, Molly Rose Duane , Caroline Marie Sacerdote , Center for Reproductive Rights, U.S. Legal Program, 22nd Floor, 199 Water Street, New York, NY 10038, Joseph Alexander Lawrence, Esq. , Morrison & Foerster, L.L.P., 24th Floor, 250 W. 55th Street, New York, NY 10019-9601, for Plaintiffs-Appellees.

Daniel Howard Blomberg , Joseph Charles Davis , Daniel Ortner , Counsel, Eric C. Rassbach , Diana Verm , Becket Fund for Religious Liberty, Suite 700, 1200 New Hampshire Avenue, N.W., Washington, DC 20036, Steven Charles Levatino, Esq. , Andrew Fairles MacRae , Levatino Pace, L.L.P., Building — K, Suite 125, 1101 S. Capital of Texas Highway, Austin, TX 78746, for Movant-Appellant.

Darren Lee McCarty, Esq. , David Austin Robert Nimocks , Special Counsel for Civil Litigation, Office of the Attorney General for the State of Texas, 8th Floor, 209 W. 14th Street, Price Daniels Sr. Building, Austin, TX 78701-1614, for Defendant-Appellee.

Before JONES, COSTA, and HO, Circuit Judges.

This is an emergency appeal from an extraordinary discovery order by the district court to a religious body. The court compelled document production of the group's internal communications despite its status as a non-litigant and its voluntary furnishing of substantial discovery materials. Because the trial date looms...

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