Plant Based v. Garcia

Plant Based v. Garcia

Plaintiff:	Plant Based Food Association and Turtle Island Foods, Incorporated, doing business as The Tofurky Company
Defendant:	Jennifer Shuford, in her official capacity as Commissioner of State Health Services, Cecile Erwin Young, in her official capacity as Executive Commissioner of the Texas Department of Health and Human Services Commission, Ken Paxton, on behalf of himself and all Texas prosecuting attorneys, Imelda Garcia, in her official capacity as Interim Commissioner of Texas Department of State Health Services and Stephanie Muth, in her official capacity as Executive Commissioner of Texas Health and Human Services Commission
Case Number:	26-50168
Filed:	March 2, 2026
Court:	U.S. Court of Appeals, Fifth Circuit
Nature of Suit:	Other Civil Rights

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Docket Report

This docket was last retrieved on August 28, 2026. A more recent docket listing may be available from PACER.

Date Filed	Document Text
August 28, 2026	Filing 46 APPELLEE'S BRIEF FILED by Plant Based Food Association and Turtle Island Foods, Incorporated. Date of service: 08/28/2026 via email - Attorney for Appellees: Boutilier, Cohen, Howell, Swistara, Woodward; Attorney for Appellant: Erickson [26-50168] (Michael Swistara ) [Entered: 08/28/2026 05:06 PM]
August 7, 2026	Filing 44 APPEARANCE FORM FILED by Attorney(s) Martin Woodward for party(s) Appellee Turtle Island Foods, Incorporated Appellee Plant Based Food Association, in case 26-50168 [26-50168] (NMF) [Entered: 08/07/2026 04:44 PM]
August 5, 2026	Filing 43 APPEARANCE FORM for the court's review. Lead Counsel? No. [26-50168] (Martin Woodward ) [Entered: 08/05/2026 11:18 AM]
August 4, 2026	Filing 42 RECORD EXCERPTS FILED by Appellants Imelda Garcia, Ms. Stephanie Muth and Mr. Ken Paxton. [26-50168] (NMF) [Entered: 08/04/2026 11:52 AM]
July 30, 2026	Filing 41 APPELLANT'S BRIEF FILED A/Pet's Brief deadline satisfied. Appellee's Brief due on 08/31/2026 for Appellees Plant Based Food Association and Turtle Island Foods, Incorporated [26-50168] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Imelda Garcia, Ms. Stephanie Muth and Mr. Ken Paxton. Date of service: 07/30/2026 via email - Attorney for Appellees: Boutilier, Cohen, Howell, Swistara; Attorney for Appellant: Erickson [26-50168] (Kirstin Erickson ) [Entered: 07/30/2026 03:16 PM]
July 29, 2026	Filing 40 LETTER OF ADVISEMENT. Reason: Providing updated caption [26-50168] (MBC) [Entered: 07/29/2026 09:01 AM]
July 28, 2026	Filing 39 CASE CAPTION updated. Appellant Cecile Erwin Young in 26-50168 substituted by Appellant Stephanie Muth in 26-50168 [26-50168] (MBC) [Entered: 07/28/2026 12:13 PM]
July 28, 2026	Filing 38 LETTER filed by Appellants Imelda Garcia, Mr. Ken Paxton and Cecile Erwin Young referencing Letter filed by Appellant Ms. Jennifer Shuford [ # 35 ]. Date of Service: 07/28/2026 via email - Attorney for Appellees: Boutilier, Cohen, Howell, Swistara; Attorney for Appellant: Erickson [26-50168] (Kirstin Erickson ) [Entered: 07/28/2026 10:17 AM]
July 24, 2026	Filing 37 CASE CAPTION updated. Appellant Jennifer Shuford in 26-50168 substituted by Appellant Imelda Garcia in 26-50168 [26-50168] (MBC) [Entered: 07/24/2026 01:06 PM]
July 24, 2026	Filing 36 LETTER filed by Appellants Mr. Ken Paxton and Ms. Jennifer Shuford referencing Letter filed by Appellant Ms. Jennifer Shuford [ # 35 ]. Date of Service: 07/24/2026 via email - Attorney for Appellees: Boutilier, Cohen, Howell, Swistara; Attorney for Appellant: Erickson [26-50168] (Kirstin Erickson ) [Entered: 07/24/2026 08:43 AM]
July 23, 2026	Filing 35 LETTER filed by Appellant Ms. Jennifer Shuford Request for Case Caption Change. Date of Service: 07/23/2026 via email - Attorney for Appellees: Boutilier, Cohen, Howell, Swistara; Attorney for Appellant: Erickson [26-50168] (Kirstin Erickson ) [Entered: 07/23/2026 10:06 AM]
July 20, 2026	Filing 34 CLERK ORDER granting Motion to withdraw as counsel filed by Mr. William Howard Farrell [ # 31 ] [26-50168] (MBC) [Entered: 07/20/2026 09:19 AM]
July 17, 2026	Filing 32 APPEARANCE FORM FILED by Attorney(s) Kirstin Erickson for party(s) Appellant Cecile Erwin Young Appellant Jennifer Shuford Appellant Ken Paxton, in case 26-50168 [26-50168] (PAC) [Entered: 07/17/2026 07:56 AM]
July 16, 2026	Filing 31 MOTION filed by Attorney Mr. William Howard Farrell for Appellants Mr. Ken Paxton, Ms. Jennifer Shuford and Cecile Erwin Young to withdraw as counsel [31] , to substitute counsel [31]. Date of Service: 07/16/2026 via email - Attorney for Appellant: Farrell; Attorney for Appellees: Boutilier, Cohen, Howell, Swistara [26-50168] (William Howard Farrell ) [Entered: 07/16/2026 10:55 AM]
July 16, 2026	Filing 30 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [26-50168] (Kirstin Erickson ) [Entered: 07/16/2026 09:23 AM]
June 29, 2026	Filing 29 APPEARANCE FORM FILED by Attorney(s) Madeline Cohen for party(s) Appellee Turtle Island Foods, Incorporated Appellee Plant Based Food Association, in case 26-50168 [26-50168] (CAG) [Entered: 06/29/2026 01:03 PM]
June 24, 2026	Filing 28 APPEARANCE FORM for the court's review. Lead Counsel? No. [26-50168] (Madeline Cohen ) [Entered: 06/24/2026 12:35 PM]
June 2, 2026	Filing 27 EXTENSION RECEIVED for Appellants Mr. Ken Paxton, Ms. Jennifer Shuford and Cecile Erwin Young. Extension Granted to and including 07/30/2026. A/Pet's Brief deadline updated to 07/30/2026 for Appellants Ken Paxton, Jennifer Shuford and Cecile Erwin Young [26-50168] (MBC) [Entered: 06/02/2026 10:00 AM]
June 2, 2026	Filing 26 UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellants Mr. Ken Paxton, Ms. Jennifer Shuford and Cecile Erwin Young for filing Appellants Unopposed Motion for Extension of Time to file Appellant Brief. until 07/30/2026 [26-50168] (William Howard Farrell ) [Entered: 06/02/2026 09:38 AM]
May 21, 2026	Filing 25 BRIEFING NOTICE ISSUED A/Pet's Brief Due on 06/30/2026 for Appellants Ken Paxton, Jennifer Shuford and Cecile Erwin Young. [26-50168] (DDL) [Entered: 05/21/2026 01:14 PM]
May 21, 2026	Filing 24 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. [26-50168] (DDL) [Entered: 05/21/2026 01:13 PM]
May 13, 2026	Filing 22 APPEARANCE FORM FILED by Attorney Morgan Mishelle Boutilier for party(s) Appellee Turtle Island Foods, Incorporated Appellee Plant Based Food Association, in case 26-50168 [26-50168] (JAK) [Entered: 05/13/2026 01:58 PM]
May 13, 2026	Filing 20 APPEARANCE FORM FILED by Attorney Morgan Mishelle Boutilier for party(s) Appellee Turtle Island Foods, Incorporated Appellee Plant Based Food Association, in case 26-50168 [26-50168] (JAK) [Entered: 05/13/2026 01:55 PM]
May 13, 2026	Filing 18 APPEARANCE FORM FILED by Attorney Michael Swistara for party(s) Appellee Turtle Island Foods, Incorporated Appellee Plant Based Food Association, in case 26-50168 [26-50168] (JAK) [Entered: 05/13/2026 01:47 PM]
May 13, 2026	Filing 17 APPEARANCE FORM received from Ms. Morgan Mishelle Boutilier for Plant Based Food Association and Turtle Island Foods, Incorporated for the court's review. Lead Counsel? No. [26-50168] (Morgan Mishelle Boutilier ) [Entered: 05/13/2026 12:35 PM]
May 13, 2026	Filing 16 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [26-50168] (Michael Swistara ) [Entered: 05/13/2026 10:58 AM]
April 28, 2026	Filing 15 ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 1:23-CV-1032. Electronic ROA due on 05/13/2026. [26-50168] (MBC) [Entered: 04/28/2026 03:23 PM]
April 28, 2026	Filing 14 TRANSCRIPT FILED IN DISTRICT COURT Transcript Order: Court Reporter: Lily Iva Reznik, Dt. Filed in Dist. Ct: 03/16/2002 Ct. Reporter Acknowledgment deadline canceled [26-50168] (MBC) [Entered: 04/28/2026 03:22 PM]
April 10, 2026	Filing 12 APPEARANCE FORM FILED by Attorney Amanda Marie Howell for Appellee Turtle Island Foods, Incorporated in 26-50168, Attorney Amanda Marie Howell for Appellee Plant Based Food Association in 26-50168 [26-50168] (RSM) [Entered: 04/10/2026 03:00 PM]
April 10, 2026	Filing 10 APPEARANCE FORM FILED by Attorney William Howard Farrell for Appellant Ken Paxton in 26-50168, Attorney William Howard Farrell for Appellant Cecile Erwin Young in 26-50168, Attorney William Howard Farrell for Appellant Jennifer Shuford in 26-50168 [26-50168] (RSM) [Entered: 04/10/2026 01:38 PM]
April 8, 2026	Filing 9 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [26-50168] (Amanda Marie Howell ) [Entered: 04/08/2026 04:54 PM]
April 8, 2026	Filing 8 TRANSCRIPT ORDER received from Appellants Mr. Ken Paxton, Ms. Jennifer Shuford and Cecile Erwin Young. DETAILS: Transcript Order: Court Reporter: Lily Iva Reznik, Proceeding Type and Date: Pre-Trial Conference 11/06/2024. Transcript Order ddl satisfied. Ct. Reporter Acknowledgment due on 04/20/2026 for Lily Reznik, Court Reporter. Electronic Filing Processed: [ # 7 ] [26-50168] (EMF) [Entered: 04/08/2026 02:59 PM]
April 7, 2026	Filing 7 ATTORNEY TRANSCRIPT ORDER form filed by Appellants Mr. Ken Paxton, Ms. Jennifer Shuford and Cecile Erwin Youngfor the Court to process. Date of service: 04/07/2026 via email - Attorney for Appellees: Boutilier, Howell; Attorney for Appellant: Farrell. [26-50168] (William Howard Farrell ) [Entered: 04/07/2026 02:52 PM]
April 7, 2026	Filing 6 APPEARANCE FORM received from Mr. William Howard Farrell for Mr. Ken Paxton, Ms. Jennifer Shuford and Cecile Erwin Young for the court's review. Lead Counsel? Yes. [26-50168] (William Howard Farrell ) [Entered: 04/07/2026 02:47 PM]
March 20, 2026	Filing 5 INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [5] Initial AA Check Due satisfied.. Transcript order due on 04/06/2026 for Appellants Ken Paxton, Jennifer Shuford and Cecile Erwin Young [26-50168] (RSM) [Entered: 03/20/2026 02:53 PM]
March 2, 2026	Filing 1 CIVIL RIGHTS CASE docketed. NOA filed by Appellants Mr. Ken Paxton, Ms. Jennifer Shuford and Cecile Erwin Young [26-50168] (LEF) [Entered: 03/02/2026 09:45 AM]

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Search for this case: Plant Based v. Garcia
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Plaintiff: Plant Based Food Association
Represented By:	Amanda Marie Howell
Represented By:	Morgan Mishelle Boutilier
Represented By:	Martin Woodward
Represented By:	Madeline Cohen
Represented By:	Michael Swistara
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Plaintiff: Turtle Island Foods, Incorporated, doing business as The Tofurky Company
Represented By:	Amanda Marie Howell
Represented By:	Morgan Mishelle Boutilier
Represented By:	Martin Woodward
Represented By:	Madeline Cohen
Represented By:	Michael Swistara
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Defendant: Jennifer Shuford, in her official capacity as Commissioner of State Health Services
Represented By:	William Howard Farrell
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Defendant: Cecile Erwin Young, in her official capacity as Executive Commissioner of the Texas Department of Health and Human Services Commission
Represented By:	William Howard Farrell
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Defendant: Ken Paxton, on behalf of himself and all Texas prosecuting attorneys
Represented By:	Kirstin Erickson
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Defendant: Imelda Garcia, in her official capacity as Interim Commissioner of Texas Department of State Health Services
Represented By:	Kirstin Erickson
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Defendant: Stephanie Muth, in her official capacity as Executive Commissioner of Texas Health and Human Services Commission
Represented By:	Kirstin Erickson
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