Children's Hospital Colorado v. United States Department of Defense et al
Plaintiff: Children's Hospital Colorado
Defendant: United States Department of Defense, Lloyd Austin III, in his capacity as Secretary of Defense and Lloyd Austin, III
Case Number: 1:2023cv02561
Filed: September 29, 2023
Court: US District Court for the District of Colorado
Presiding Judge: S Kato Crews
Referring Judge: Nina Y Wang
Nature of Suit: APA Review/Appeal
Cause of Action: 05 U.S.C. ยง 0701 Administrative Procedure Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 27, 2023 Filing 25 Unopposed MOTION to Stay Deadline to Respond to Complaint and to File a Joint Case Management Plan by Defendants Lloyd Austin, III, United States Department of Defense. (Attachments: #1 Proposed Order)(Resar, Alexander)
November 16, 2023 Filing 24 NOTICE by Defendants Lloyd Austin, III, United States Department of Defense (Attachments: #1 Certification of the Administrative Record, #2 Index to the Administrative Record, #3 Administrative Record)(Resar, Alexander)
November 16, 2023 Filing 23 MOTION for Judgment on the Administrative Record by Defendants Lloyd Austin, III, United States Department of Defense. (Attachments: #1 Defendants' Combined Memorandum of Law in Support of Defendants' Motion for Judgment on the Administrative Record and in Opposition to Plaintiff's Motion for Preliminary Injunction, #2 Declaration of Elan P. Green, #3 Exhibit 1 to Declaration of Elan P. Green, #4 Exhibit 2 to Declaration of Elan P. Green, #5 Proposed Order)(Resar, Alexander)
November 9, 2023 Opinion or Order Filing 22 MINUTE ORDER: The #21 Defendants' Consented Motion for Leave to File Combined Brief in Excess of Page Limits is GRANTED for good cause shown. Defendants may file a combined motion for summary judgment and response to Plaintiff's motion for preliminary injunction that is not to exceed 35 pages. Plaintiff may file a combined opposition to Defendants' motion for summary judgment, cross-motion for summary judgment, and reply in support of its motion for preliminary injunction that is not to exceed 35 pages. By Judge Nina Y. Wang on 11/09/2023. Text Only Entry (nywlc5, )
November 9, 2023 Filing 21 Unopposed MOTION for Leave to File Excess Pages by Defendants Lloyd Austin, III, United States Department of Defense. (Attachments: #1 Proposed Order (PDF Only))(Resar, Alexander)
October 24, 2023 Opinion or Order Filing 20 MINUTE ORDER By Judge Nina Y. Wang on 10/24/2023. On or before November 16, 2023, Defendants SHALL FILE both the administrative record and a combined motion for summary judgment and response to Plaintiff's motion for preliminary injunction that is not to exceed 20 pages. On or before December 7, 2023, Plaintiff SHALL FILE a combined opposition to Defendants' motion for summary judgment, cross-motion for summary judgment, and reply in support of its motion for preliminary injunction that is not to exceed 20 pages.On or before December 21, 2023, Defendants SHALL FILE a combined opposition to Plaintiff's cross-motion for summary judgment and reply in support of their motion for summary judgment that is not to exceed 20 pages.On or before January 12, 2024, Plaintiff SHALL FILE a reply in support of its cross-motion for summary judgment that is not to exceed 15 pages.A hearing in this matter is SET for March 5, 2024, at 10:00 AM. (norlin, )
October 20, 2023 Filing 19 Joint STATUS REPORT by Plaintiff Children's Hospital Colorado. (Carpenter, Stacy)
October 16, 2023 Filing 18 MINUTE ENTRY for proceedings held before Judge Nina Y. Wang: Telephonic Status Conference held on 10/16/2023. Court Reporter: Darlene Martinez. (cpear)
October 13, 2023 Opinion or Order Filing 17 MINUTE ORDER: This matter is before the Court on a review of its docket. It is hereby ORDERED that a Telephonic Status Conference is SET for 10/16/2023 at 10:00 AM before Judge Nina Y. Wang to discuss a briefing schedule with respect to the #13 Children's Hospital Colorado's Motion for Preliminary Injunction, and other related matters, including whether the Court will need to schedule an evidentiary hearing. The Parties shall participate using the following dial-in information: 888-363-4749; Access Code: 5738976#. By Judge Nina Y. Wang on 10/13/2023. Text Only Entry (nywlc5, )
October 12, 2023 Opinion or Order Filing 16 ORDER REFERRING CASE: This case is referred to Magistrate Judge S. Kato Crews for non-dispositive matters. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the request of the parties by motion, this Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Alternatively, the Magistrate Judge, at his discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 10/12/2023. Text Only Entry (nywlc5, )
October 12, 2023 Opinion or Order Filing 15 ORDER Directing Reassignment. The clerk shall assign this case to a judge forresolution on the merits under the random assignment procedure of D.C.COLO.LCiv.R. 40.1, by Judge Robert E. Blackburn on 10/12/2023. This case is randomly reassigned to Judge Nina Y. Wang and drawn to Magistrate S. Kato Crews for all further proceedings. All future pleadings should be designated as 23-cv-2561-NYW (angar, )
October 12, 2023 Filing 14 NOTICE of Entry of Appearance by Alexander W. Resar on behalf of All Defendants Attorney Alexander W. Resar added to party Lloyd Austin, III(pty:dft), Attorney Alexander W. Resar added to party United States Department of Defense(pty:dft) (Resar, Alexander)
October 12, 2023 Filing 13 MOTION for Preliminary Injunction by Plaintiff Children's Hospital Colorado. (Attachments: #1 Exhibit A - Declaration of Gregory Raymond, #2 Exhibit B - Declaration of Jeff Harrington)(Carpenter, Stacy)
October 11, 2023 Filing 12 CERTIFICATE of Mailing/Service re #1 Complaint,, (to non-party Cole Finegan, U.S. Attorney) by Plaintiff Children's Hospital Colorado. (Attachments: #1 USPS Tracking Information)(Carpenter, Stacy)
October 11, 2023 Filing 11 CERTIFICATE of Mailing/Service re #1 Complaint,, (to non-party Merrick Garland, Attorney General of the United States) by Plaintiff Children's Hospital Colorado. (Attachments: #1 USPS Tracking Information)(Carpenter, Stacy)
October 11, 2023 Filing 10 SUMMONS Returned Executed upon defendant(s) Lloyd Austin, III served on 10/10/2023, answer due 12/11/2023. (Attachments: #1 USPS Tracking Information)(Carpenter, Stacy)
October 11, 2023 Filing 9 SUMMONS Returned Executed upon defendant(s) United States Department of Defense served on 10/10/2023, answer due 12/11/2023. (Attachments: #1 USPS Tracking Information)(Carpenter, Stacy)
October 10, 2023 Filing 8 NOTICE of Entry of Appearance by Stacy Anne Carpenter on behalf of Children's Hospital ColoradoAttorney Stacy Anne Carpenter added to party Children's Hospital Colorado(pty:pla) (Carpenter, Stacy)
October 2, 2023 Opinion or Order Filing 7 ORDER DIRECTING PREPARATION OF JOINT CASE MANAGEMENT PLAN. By Judge Robert E. Blackburn on 10/2/2023. (schap, )
October 2, 2023 Filing 6 NOTICE of Entry of Appearance by Jessica M. Andrade on behalf of Children's Hospital ColoradoAttorney Jessica M. Andrade added to party Children's Hospital Colorado(pty:pla) (Andrade, Jessica)
October 2, 2023 Filing 5 NOTICE of Entry of Appearance by Joshua D. Arters on behalf of Children's Hospital ColoradoAttorney Joshua D. Arters added to party Children's Hospital Colorado(pty:pla) (Arters, Joshua)
October 2, 2023 Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (efoga, )
September 29, 2023 Filing 3 Case assigned to Judge Robert E. Blackburn. Text Only Entry (efoga, )
September 29, 2023 Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Children's Colorado Hospital System for Children's Hospital Colorado. (Murray, Richard)
September 29, 2023 Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Lloyd Austin III, in his capacity as Secretary of Defense, United States Department of Defense (Filing fee $ 402,Receipt Number CCODC-9322137)Attorney Richard Maxton Murray added to party Children's Hospital Colorado(pty:pla), filed by Children's Hospital Colorado. (Attachments: #1 Exhibit A - 1-27-2020 Letter to Siegel, #2 Exhibit B - 1-28-2020 Letter to Esper, #3 Civil Cover Sheet, #4 Summons to U.S. Department of Defense, #5 Summons to Lloyd Austin III, in his capacity as Secretary)(Murray, Richard)

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Plaintiff: Children's Hospital Colorado
Represented By: Richard Maxton Murray
Represented By: Jessica M. Andrade
Represented By: Joshua D. Arters
Represented By: Stacy Anne Carpenter
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Defendant: United States Department of Defense
Represented By: Alexander W. Resar
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Defendant: Lloyd Austin III, in his capacity as Secretary of Defense
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Defendant: Lloyd Austin, III
Represented By: Alexander W. Resar
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