Association of American Physicians and Surgeons E v. American Board of Internal Medicine
Plaintiff: Association of American Physicians and Surgeons Educational Foundation, AAPS, Pierre Kory, M.D., M.P.A. and Paul E. Marik, M.D., FCCM, FCCP
Defendant: American Board of Internal Medicine, ABIM, American Board of Obstetrics & Gynecology, ABOG, Kristi Noem, Secretary, U.S. Department of Homeland Security, American Board of Family Medicine, ABFM and Markwayne Mullin, Secretary, U.S. Department of Homeland Security
Case Number: 25-40624
Filed: October 1, 2025
Court: U.S. Court of Appeals, Fifth Circuit
Nature of Suit: Other Statutes
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Docket Report

This docket was last retrieved on March 19, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 19, 2026 Filing 63 ORAL ARGUMENT ACKNOWLEDGMENT AND DESIGNATION FORM FILED by Attorney Mr. Andrew Layton Schlafly for Appellants Association of American Physicians and Surgeons Educational Foundation, Mr. Pierre Kory and Mr. Paul E. Marik [25-40624] (Andrew Layton Schlafly ) [Entered: 03/19/2026 11:08 PM]
March 18, 2026 Filing 61 CASE CALENDARED for oral argument on Monday, 04/27/2026 in New Orleans in the En Banc Courtroom -- AM session. The courtroom deputy assigned to your case is Shirley M. Engelhardt. See the letter attached for full contact information.. [25-40624] SESSION 43 (SME) [Entered: 03/18/2026 12:40 PM]
March 2, 2026 Filing 60 CASE TENTATIVELY calendared for oral argument for the week of 04/27/2026. [25-40624] (CBW) [Entered: 03/02/2026 01:55 PM]
February 19, 2026 Filing 59 AN ADDITIONAL 7 COPIES OF BRIEF FILED by Appellee American Board of Obstetrics & Gynecology. [25-40624] (KMP) [Entered: 02/19/2026 12:33 PM]
February 19, 2026 Filing 58 Paper copies of Record Excerpts filed by Appellants Mr. Paul E. Marik, Association of American Physicians and Surgeons Educational Foundation and Mr. Pierre Kory in 25-40624 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [25-40624] (KMP) [Entered: 02/19/2026 12:32 PM]
February 19, 2026 Filing 57 Paper copies of Appellee Brief filed by Appellee American Board of Obstetrics & Gynecology in 25-40624 received. Paper copies match electronic version of document? Yes # of Copies Provided: 6. Paper Copies of Brief due deadline satisfied. [25-40624] (KMP) [Entered: 02/19/2026 12:30 PM]
February 19, 2026 Filing 56 Paper copies of Appellee Brief filed by Appellee American Board of Family Medicine in 25-40624 received. Paper copies match electronic version of document? Yes # of Copies Provided: 6. Paper Copies of Brief due deadline satisfied. [25-40624] (KMP) [Entered: 02/19/2026 12:28 PM]
February 19, 2026 Filing 55 Paper copies of Appellant Reply Brief filed by Appellants Mr. Paul E. Marik, Association of American Physicians and Surgeons Educational Foundation and Mr. Pierre Kory in 25-40624 received. Paper copies match electronic version of document? Yes # of Copies Provided: 6. Paper Copies of Brief due deadline satisfied. [25-40624] (KMP) [Entered: 02/19/2026 12:26 PM]
February 19, 2026 Filing 54 Paper copies of Appellant Brief filed by Appellants Mr. Paul E. Marik, Association of American Physicians and Surgeons Educational Foundation and Mr. Pierre Kory in 25-40624 received. Paper copies match electronic version of document? Yes # of Copies Provided: 6. [25-40624] (KMP) [Entered: 02/19/2026 12:24 PM]
February 19, 2026 Filing 53 Paper copies of Appellee Brief filed by Appellee American Board of Internal Medicine in 25-40624 received. Paper copies match electronic version of document? Yes # of Copies Provided: 6. Paper Copies of Brief due deadline satisfied. [25-40624] (KMP) [Entered: 02/19/2026 12:23 PM]
February 19, 2026 Filing 52 Paper copies of Appellee Brief filed by Appellee Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security in 25-40624 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [25-40624] (KMP) [Entered: 02/19/2026 12:22 PM]
February 12, 2026 Filing 50 PAPER COPIES REQUESTED for the Appellant Brief filed by Appellants Mr. Paul E. Marik, Association of American Physicians and Surgeons Educational Foundation and Mr. Pierre Kory in 25-40624 [ # 34 ], Record Excerpts filed by Appellants Mr. Paul E. Marik, Association of American Physicians and Surgeons Educational Foundation and Mr. Pierre Kory in 25-40624 [ # 35 ], Appellee Brief filed by Appellee American Board of Internal Medicine in 25-40624 [ # 38 ], Appellee Brief filed by Appellee Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security in 25-40624 [ # 39 ], Appellee Brief filed by Appellee American Board of Family Medicine in 25-40624 [ # 40 ], Appellee Brief filed by Appellee American Board of Obstetrics & Gynecology in 25-40624 [ # 41 ], Appellant Reply Brief filed by Appellants Mr. Paul E. Marik, Association of American Physicians and Surgeons Educational Foundation and Mr. Pierre Kory in 25-40624 [ # 44 ]. Paper Copies of Brief due on 02/18/2026 for Appellees American Board of Family Medicine, American Board of Internal Medicine, American Board of Obstetrics & Gynecology and Kristi Noem, Secretary, U.S. Department of Homeland Security and Appellants Association of American Physicians and Surgeons Educational Foundation, Pierre Kory and Paul E. Marik.. Paper Copies of Record Excerpts due on 02/18/2026 for Appellants Association of American Physicians and Surgeons Educational Foundation, Pierre Kory and Paul E. Marik. [25-40624] (OGA) [Entered: 02/12/2026 09:34 AM]
February 6, 2026 Filing 44 APPELLANT'S REPLY BRIEF FILED. # of Copies Provided: 0. Reply Brief deadline satisfied. [25-40624] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S REPLY BRIEF FILED by Association of American Physicians and Surgeons Educational Foundation, Mr. Pierre Kory and Mr. Paul E. Marik. Date of service: 02/06/2026 via email - Attorney for Appellees: Dallas, Gerard, Gerger, Goldstein, Lantieri, Leckerman, Lucas, Moscowitz, Parrish, Tenny, Weissert; Attorney for Appellant: Schlafly; US mail - Attorney for Appellee: Valencia [25-40624] (Andrew Layton Schlafly ) [Entered: 02/06/2026 04:59 PM]
January 20, 2026 Filing 43 PROPOSED SUFFICIENT BRIEF filed by Appellee American Board of Internal Medicine [ # 38 ] Date of service: 01/20/2026 via email - Attorney for Appellees: Dallas, Gerard, Gerger, Goldstein, Lantieri, Leckerman, Lucas, Moscowitz, Parrish, Tenny, Weissert; Attorney for Appellant: Schlafly; US mail - Attorney for Appellee: Valencia [25-40624] (Jason Allen Leckerman ) [Entered: 01/20/2026 02:27 PM]
January 20, 2026 Filing 42 ATTORNEY NOT PARTICIPATING. Indraneel Sur is designated as inactive in this case. Reason: no signature on brief; no appearance form on file. [25-40624] (RLL) [Entered: 01/19/2026 04:27 PM]
January 16, 2026 Filing 41 APPELLEE'S BRIEF FILED. # of Copies Provided: 0. E/Res's Brief deadline satisfied. Reply Brief due on 02/06/2026 for Appellants Association of American Physicians and Surgeons Educational Foundation, Pierre Kory and Paul E. Marik. [25-40624] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by American Board of Obstetrics & Gynecology. Date of service: 01/16/2026 via email - Attorney for Appellees: Dallas, Gerard, Gerger, Goldstein, Lantieri, Leckerman, Lucas, Moscowitz, Parrish, Tenny, Weissert; Attorney for Appellant: Schlafly; US mail - Attorney for Appellees: Sur, Valencia [25-40624] (April Elizabeth Lucas ) [Entered: 01/16/2026 04:48 PM]
January 16, 2026 Filing 40 APPELLEE'S BRIEF FILED. # of Copies Provided: 0. E/Res's Brief deadline satisfied. [25-40624] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by American Board of Family Medicine. Date of service: 01/16/2026 via email - Attorney for Appellees: Dallas, Gerard, Gerger, Goldstein, Lantieri, Leckerman, Lucas, Moscowitz, Parrish, Tenny, Weissert; Attorney for Appellant: Schlafly; US mail - Attorney for Appellees: Sur, Valencia [25-40624] (Cassie J. Dallas ) [Entered: 01/16/2026 03:30 PM]
January 16, 2026 Filing 39 APPELLEE'S BRIEF FILED. # of Copies Provided: 0. E/Res's Brief deadline satisfied. [25-40624] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security. Date of service: 01/16/2026 via email - Attorney for Appellees: Dallas, Gerard, Gerger, Goldstein, Lantieri, Leckerman, Lucas, Moscowitz, Parrish, Tenny, Weissert; Attorney for Appellant: Schlafly; US mail - Attorney for Appellees: Sur, Valencia [25-40624] (Samuel Benjamin Goldstein ) [Entered: 01/16/2026 01:55 PM]
January 16, 2026 Filing 38 SUFFICIENT APPELLEE'S BRIEF FILED. # of Copies Provided: 0. Sufficient Brief deadline satisfied. [25-40624] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED. Brief NOT Sufficient as it requires corrections to the citations to the record - the use of id. is not allowed when citing to the record on appeal. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0. E/Res's Brief deadline satisfied. Sufficient Brief due on 01/30/2026 for Appellee American Board of Internal Medicine. [25-40624] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by American Board of Internal Medicine. Date of service: 01/16/2026 via email - Attorney for Appellees: Dallas, Gerard, Gerger, Goldstein, Lantieri, Leckerman, Lucas, Moscowitz, Parrish, Tenny, Weissert; Attorney for Appellant: Schlafly; US mail - Attorney for Appellees: Sur, Valencia [25-40624] (Jason Allen Leckerman ) [Entered: 01/16/2026 09:58 AM]
December 15, 2025 Filing 37 CLERK ORDER granting Motion to extend time to file appellee's brief filed by Appellees American Board of Internal Medicine, American Board of Obstetrics & Gynecology, American Board of Family Medicine and Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security. [ # 36 ] Appellee's Brief due on 01/16/2026 for Appellees American Board of Family Medicine, American Board of Internal Medicine, American Board of Obstetrics & Gynecology and Kristi Noem, Secretary, U.S. Department of Homeland Security. [25-40624] (RLL) [Entered: 12/15/2025 09:51 AM]
December 12, 2025 Filing 36 UNOPPOSED MOTION filed by Appellees American Board of Internal Medicine, American Board of Family Medicine, American Board of Obstetrics & Gynecology and Ms. Kristi Noem, Secretary, U.S. Department of Homeland Security to extend time to file brief of appellee until 01/16/2026 [36]. Date of service: 12/12/2025. [25-40624] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Appellee American Board of Internal Medicine to extend time to file brief of appellee [36]. Date of service: 12/12/2025 via email - Attorney for Appellees: Dallas, Gerard, Gerger, Goldstein, Lantieri, Leckerman, Lucas, Moscowitz, Parrish, Tenny, Weissert; Attorney for Appellant: Schlafly; US mail - Attorney for Appellees: Sur, Valencia [25-40624] (Paul Lantieri III) [Entered: 12/12/2025 03:24 PM]
December 2, 2025 Filing 35 RECORD EXCERPTS FILED. # of Copies Provided: 0. [25-40624] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellants Association of American Physicians and Surgeons Educational Foundation, Mr. Pierre Kory and Mr. Paul E. Marik. Date of service: 12/02/2025 via email - Attorney for Appellees: Dallas, Gerard, Gerger, Goldstein, Lantieri, Leckerman, Lucas, Moscowitz, Parrish, Tenny, Weissert; Attorney for Appellant: Schlafly; US mail - Attorney for Appellees: Sur, Valencia [25-40624] (Andrew Layton Schlafly ) [Entered: 12/02/2025 07:26 PM]
December 2, 2025 Filing 34 APPELLANTS' BRIEF FILED. # of Copies Provided: 0. A/Pet's Brief deadline satisfied. Appellee's Brief due on 01/02/2026 for Appellees American Board of Family Medicine, American Board of Internal Medicine, American Board of Obstetrics & Gynecology and Kristi Noem, Secretary, U.S. Department of Homeland Security. [25-40624] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Association of American Physicians and Surgeons Educational Foundation, Mr. Pierre Kory and Mr. Paul E. Marik. Date of service: 12/02/2025 via email - Attorney for Appellees: Dallas, Gerard, Gerger, Goldstein, Lantieri, Leckerman, Lucas, Moscowitz, Parrish, Tenny, Weissert; Attorney for Appellant: Schlafly; US mail - Attorney for Appellees: Sur, Valencia [25-40624] (Andrew Layton Schlafly ) [Entered: 12/02/2025 07:10 PM]
November 3, 2025 Filing 32 APPEARANCE FORM FILED by Attorney(s) Elizabeth Weissert for party(s) Appellee American Board of Internal Medicine, in case 25-40624 [25-40624] (ABT) [Entered: 11/03/2025 01:59 PM]
November 3, 2025 Filing 31 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-40624] (Elizabeth Weissert ) [Entered: 11/03/2025 09:34 AM]
October 24, 2025 Filing 30 BRIEFING NOTICE ISSUED A/Pet's Brief Due on 12/03/2025 for Appellants Association of American Physicians and Surgeons Educational Foundation, Pierre Kory and Paul E. Marik. [25-40624] (DDL) [Entered: 10/24/2025 01:57 PM]
October 24, 2025 Filing 29 ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No Electronic ROA deadline satisfied. [25-40624] (DDL) [Entered: 10/24/2025 01:34 PM]
October 22, 2025 Filing 27 APPEARANCE FORM FILED by Attorney(s) April Elizabeth Lucas for party(s) Appellee American Board of Obstetrics & Gynecology, in case 25-40624 [25-40624] (JAK) [Entered: 10/22/2025 08:36 AM]
October 22, 2025 Filing 26 APPEARANCE FORM FILED by Attorney(s) Ashley T. Parrish for party(s) Appellee American Board of Obstetrics & Gynecology, in case 25-40624 [25-40624] (JAK) [Entered: 10/22/2025 08:32 AM]
October 22, 2025 Filing 24 APPEARANCE FORM FILED by Attorney(s) Jason Allen Leckerman for party(s) Appellee American Board of Internal Medicine, in case 25-40624 [25-40624] (JAK) [Entered: 10/22/2025 08:26 AM]
October 17, 2025 Filing 23 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-40624] (April Elizabeth Lucas ) [Entered: 10/17/2025 08:35 AM]
October 17, 2025 Filing 22 APPEARANCE FORM received from Mr. Ashley T. Parrish for American Board of Obstetrics & Gynecology for the court's review. Lead Counsel? Yes. [25-40624] (Ashley T. Parrish ) [Entered: 10/17/2025 08:22 AM]
October 16, 2025 Filing 21 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-40624] (Jason Allen Leckerman ) [Entered: 10/16/2025 03:12 PM]
October 13, 2025 Filing 20 APPEARANCE FORM FILED by Attorney(s) Paul Lantieri III for party(s) Appellee American Board of Internal Medicine, in case 25-40624 [25-40624] (ABT) [Entered: 10/13/2025 04:09 PM]
October 13, 2025 Filing 19 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [25-40624] (Paul Lantieri III) [Entered: 10/13/2025 12:35 PM]
October 9, 2025 Filing 17 APPEARANCE FORM FILED by Attorney(s) Cassie J. Dallas for party(s) Appellee American Board of Family Medicine, in case 25-40624 [25-40624] (CMC) [Entered: 10/09/2025 02:58 PM]
October 9, 2025 Filing 16 APPEARANCE FORM FILED by Attorney Barry Andrew Moscowitz for Appellee American Board of Family Medicine in 25-40624 [25-40624] (CMC) [Entered: 10/09/2025 02:57 PM]
October 9, 2025 Filing 15 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [25-40624] (Cassie J. Dallas ) [Entered: 10/09/2025 01:15 PM]
October 9, 2025 Filing 14 APPEARANCE FORM received from Mr. Barry Andrew Moscowitz for American Board of Family Medicine for the court's review. Lead Counsel? No. [25-40624] (Barry Andrew Moscowitz ) [Entered: 10/09/2025 12:55 PM]
October 9, 2025 Filing 13 ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 3:22-CV-240. Electronic ROA due on 10/24/2025. [25-40624] (SR) [Entered: 10/09/2025 10:01 AM]
October 9, 2025 Filing 11 APPEARANCE FORM FILED by Attorney(s) Daniel Bentele Hahs Tenny, Samuel Benjamin Goldstein for party(s) Appellee Kristi Noem, Secretary, U.S. Department of Homeland Security, in case 25-40624 [25-40624] (SR) [Entered: 10/09/2025 09:58 AM]
October 9, 2025 Filing 10 APPEARANCE FORM FILED by Attorney Andrew Layton Schlafly for Appellant Paul E. Marik in 25-40624, Attorney Andrew Layton Schlafly for Appellant Pierre Kory in 25-40624, Attorney Andrew Layton Schlafly for Appellant Association of American Physicians and Surgeons Educational Foundation in 25-40624 [25-40624] (SR) [Entered: 10/09/2025 09:54 AM]
October 8, 2025 Filing 9 TRANSCRIPT ORDER received from Appellants Association of American Physicians and Surgeons Educational Foundation, Mr. Pierre Kory and Mr. Paul E. Marik advising transcript unnecessary for appeal purposes (No Hearings). Transcript Order ddl satisfied [25-40624] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: TRANSCRIPT ORDER received from Appellants Association of American Physicians and Surgeons Educational Foundation, Mr. Pierre Kory and Mr. Paul E. Marik advising transcript unnecessary for appeal purposes. Date of Service: 10/08/2025 via email - Attorney for Appellees: Gerard, Gerger, Moscowitz, Parrish; Attorney for Appellant: Schlafly; US mail - Attorney for Appellees: Sur, Valencia [25-40624] (Andrew Layton Schlafly ) [Entered: 10/08/2025 08:12 PM]
October 8, 2025 Filing 8 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-40624] (Daniel Bentele Hahs Tenny ) [Entered: 10/08/2025 12:24 PM]
October 8, 2025 Filing 7 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [25-40624] (Samuel Benjamin Goldstein ) [Entered: 10/08/2025 11:40 AM]
October 7, 2025 Filing 6 APPEARANCE FORM received from Mr. Andrew Layton Schlafly for Association of American Physicians and Surgeons Educational Foundation, Mr. Pierre Kory and Mr. Paul E. Marik for the court's review. Lead Counsel? Yes. [25-40624] (Andrew Layton Schlafly ) [Entered: 10/07/2025 08:26 PM]
October 7, 2025 Filing 5 INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [5] Initial AA Check Due satisfied. Transcript order due on 10/22/2025 for Appellants Association of American Physicians and Surgeons Educational Foundation, Pierre Kory and Paul E. Marik [25-40624] (SR) [Entered: 10/07/2025 01:28 PM]
October 1, 2025 Filing 1 US CIVIL CASE docketed. NOA filed by Appellants Association of American Physicians and Surgeons Educational Foundation, Mr. Pierre Kory and Mr. Paul E. Marik [25-40624] (SR) [Entered: 10/01/2025 10:43 AM]

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Search for this case: Association of American Physicians and Surgeons E v. American Board of Internal Medicine
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Plaintiff: Association of American Physicians and Surgeons Educational Foundation, AAPS
Represented By: Andrew Layton Schlafly
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Plaintiff: Pierre Kory, M.D., M.P.A.
Represented By: Andrew Layton Schlafly
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Plaintiff: Paul E. Marik, M.D., FCCM, FCCP
Represented By: Andrew Layton Schlafly
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Defendant: American Board of Internal Medicine, ABIM
Represented By: Andrew Philip Valencia
Represented By: David Benjamin Gerger
Represented By: Eric K. Gerard
Represented By: Elizabeth Weissert
Represented By: Jason Allen Leckerman
Represented By: Paul Lantieri III
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Defendant: American Board of Obstetrics & Gynecology, ABOG
Represented By: Ashley T. Parrish
Represented By: April Elizabeth Lucas
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Defendant: Kristi Noem, Secretary, U.S. Department of Homeland Security
Represented By: Indraneel Sur
Represented By: Daniel Bentele Hahs Tenny Esq.
Represented By: Samuel Benjamin Goldstein
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Defendant: American Board of Family Medicine, ABFM
Represented By: Barry Andrew Moscowitz
Represented By: Cassie J. Dallas
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Defendant: Markwayne Mullin, Secretary, U.S. Department of Homeland Security
Represented By: Daniel Bentele Hahs Tenny Esq.
Represented By: Samuel Benjamin Goldstein
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