NORTH TEXAS EQUAL ACCESS FUND et al v. AMERICA FIRST LEGAL FOUNDATION
Plaintiff: NORTH TEXAS EQUAL ACCESS FUND and LILITH FUND FOR REPRODUCTIVE EQUITY
Defendant: AMERICA FIRST LEGAL FOUNDATION
Case Number: 1:2022cv00728
Filed: March 16, 2022
Court: US District Court for the District of Columbia
Presiding Judge: Amy Berman Jackson
Nature of Suit: Constitutional - State Statute
Cause of Action: 28 U.S.C. § 2201 Constitutionality of State Statute(s)
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 24, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 12, 2022 Opinion or Order MINUTE ORDER granting #32 Motion for Extension of Time to File. While the Court acknowledges plaintiff's interest in expedition, the later filing of the reply will not delay the case significantly. Therefore, defendant must file a reply in support of the #29 motion by May 20, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 05/12/2022. (lcabj2)
May 11, 2022 Opinion or Order Filing 32 MOTION for Extension of Time to File Reply Brief in Support of Rule 12(b)(1) Motion by AMERICA FIRST LEGAL FOUNDATION. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Mitchell, Jonathan)
May 6, 2022 Opinion or Order Filing 31 Memorandum in opposition to re #29 MOTION to Dismiss for Lack of Jurisdiction filed by LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND. (Attachments: #1 Declaration, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Exhibit A-6, #8 Exhibit A-7, #9 Exhibit A-8, #10 Exhibit A-9, #11 Exhibit A-10, #12 Text of Proposed Order)(Couvillon, Christine)
May 6, 2022 Opinion or Order Filing 30 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LILITH FUND FOR REPRODUCTIVE EQUITY served on 3/22/2022, answer due 4/12/2022; NORTH TEXAS EQUAL ACCESS FUND served on 3/22/2022, answer due 4/12/2022 (Couvillon, Christine)
April 29, 2022 Opinion or Order MINUTE ORDER. Plaintiffs' opposition to the #29 motion to dismiss is due by May 6, 2022; and any reply, which need not repeat arguments set forth in the initial memorandum, is due by May 13, 2022. Plaintiffs' opposition must address whether this action is moot if, as stated in the motion, the Texas petitioners Weldon and Maxwell are no longer represented by defendant AFLF in connection with the litigation and discovery plaintiffs are asking this Court to enjoin. See [29-5]. Defendant's reply must provide any documentation reflecting the withdrawal of AFL or AFLF lawyers from the representation of Weldon or Maxwell in the pending Rule 202 petitions. SO ORDERED. Signed by Judge Amy Berman Jackson on 04/29/2022. (lcabj2)
April 22, 2022 Opinion or Order Filing 29 MOTION to Dismiss for Lack of Jurisdiction by AMERICA FIRST LEGAL FOUNDATION. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Declaration, #6 Declaration, #7 Declaration)(Mitchell, Jonathan)
April 20, 2022 Opinion or Order Filing 28 NOTICE of Constitutional Question by LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND re #1 Complaint,, (Attachments: #1 Notice to Counsel/Party Challenge to Constitutionality of Texas Statute)(Couvillon, Christine)
April 20, 2022 Opinion or Order Filing 27 NOTICE of Appearance by Kirsten Marisol Castaneda on behalf of LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND (Castaneda, Kirsten)
April 19, 2022 Opinion or Order Filing 26 NOTICE of Appearance by Marcy Hogan Greer on behalf of LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND (Greer, Marcy)
April 19, 2022 Opinion or Order Filing 25 NOTICE of Appearance by Kevin Dubose on behalf of LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND (Dubose, Kevin)
April 19, 2022 Opinion or Order Filing 24 NOTICE of Appearance by Alexandra Wilson Albright on behalf of LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND (Albright, Alexandra)
April 19, 2022 Opinion or Order MINUTE ORDER granting #22 Motion for Leave of Kirsten M. Castaneda to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) #Click for instructions. Signed by Judge Amy Berman Jackson on 4/19/22. (DMK)
April 19, 2022 Opinion or Order MINUTE ORDER. Since plaintiffs consented to defendant's motion #15 to extend the time to answer or to file a motion to dismiss, and the date to do so has not yet passed, the motion for summary judgment appears to be somewhat premature. This is particularly true when the defendant specifically mentioned the possibility that it would be filing a motion to dismiss in the consent motion for an extension. Moreover, if the motion raises a question with respect to the Court's subject matter jurisdiction, the Court would be required to resolve that question before it could consider a motion filed under Rule 56. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994) (federal courts are courts of limited jurisdiction and the law presumes that "a cause lies outside this limited jurisdiction"); see also Gen. Motors Corp. v. EPA, 363 F.3d 442, 448 (D.C. Cir. 2004) ("As a court of limited jurisdiction, we begin, and end, with an examination of our jurisdiction."). Under those circumstances, it is not clear that a motion to defer consideration of the summary judgment motion was necessary. In any event, the Court will establish a schedule for further proceedings once the motion to dismiss -- which presumably will be based on the face of the complaint -- has been docketed. Until that schedule has been established, defendant need not respond further to the motion for summary judgment #21 and plaintiff need not respond to the motion to defer #23 . SO ORDERED. Signed by Judge Amy Berman Jackson on 04/19/2022. (lcabj2)
April 18, 2022 Opinion or Order Filing 23 MOTION to Defer Considering the Plaintiffs' Motion for Summary Judgment Under Rule 56(d), or, in the Alternative, to Summarily Deny the Motion by AMERICA FIRST LEGAL FOUNDATION. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Mitchell, Jonathan)
April 18, 2022 Opinion or Order Filing 22 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kirsten M. Castaneda, Filing fee $ 100, receipt number ADCDC-9178112. Fee Status: Fee Paid. by LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Kraft, Kathleen)
April 15, 2022 Opinion or Order Filing 21 MOTION for Summary Judgment by LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND. (Attachments: #1 Memorandum in Support, #2 Statement of Facts, #3 Exhibit Ex. A Decl. of John P. Atkins, #4 Exhibit Ex. A-1, #5 Exhibit Ex. A-2, #6 Exhibit Ex. A-3, #7 Exhibit Ex. A-4, #8 Exhibit Ex. A-5, #9 Exhibit Ex. A-6, #10 Exhibit Ex. A-7, #11 Exhibit Ex. A-8, #12 Exhibit Ex. A-9, #13 Exhibit Ex. A-10, #14 Exhibit Ex. A-11, #15 Exhibit Ex. A-12, #16 Exhibit Ex. A-13, #17 Exhibit Ex. A-14, #18 Exhibit Ex. A-15, #19 Exhibit Ex. B Decl. of K. Conner, #20 Exhibit Ex. C Decl. of Neesha Dave)(Couvillon, Christine)
April 12, 2022 Opinion or Order Filing 20 NOTICE OF FILING REDACTED DOCUMENT to #1 Complaint,, Order on Motion to Amend/Correct,, Set/Reset Deadlines, by LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND (Attachments: #1 Exhibit Exhibit J to Complaint (ECF 1-10))(Couvillon, Christine)
April 11, 2022 Opinion or Order MINUTE ORDER granting #16 #18 & #19 Motions for Leave of Alexandra Wilson Albright, Marcy Hogan Greer, and Kevin DuBose to Appear Pro Hac Vice only upon condition that the lawyers admitted, or at least one member of the lawyers' firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Signed by Judge Amy Berman Jackson on 4/11/2022. (DMK)
April 11, 2022 Opinion or Order MINUTE ORDER denying without prejudice #17 Motion for Leave to Appear Pro Hac Vice as incomplete. Counsel may refile the motion with the missing page from the declaration. Signed by Judge Amy Berman Jackson on 4/11/2022. (DMK)
April 9, 2022 Opinion or Order Filing 19 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kevin DuBose, Filing fee $ 100, receipt number ADCDC-9161458. Fee Status: Fee Paid. by LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Kraft, Kathleen)
April 8, 2022 Opinion or Order Filing 18 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Marcy Hogan Greer, Filing fee $ 100, receipt number ADCDC-9161344. Fee Status: Fee Paid. by LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Kraft, Kathleen)
April 8, 2022 Opinion or Order Filing 17 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kirsten M. Castaneda, Filing fee $ 100, receipt number ADCDC-9161341. Fee Status: Fee Paid. by LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Kraft, Kathleen)
April 8, 2022 Opinion or Order Filing 16 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alexandra Wilson Albright, Filing fee $ 100, receipt number ADCDC-9161339. Fee Status: Fee Paid. by LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Kraft, Kathleen)
April 8, 2022 Opinion or Order Filing 15 Consent MOTION for Extension of Time to File Answer re #1 Complaint,, by AMERICA FIRST LEGAL FOUNDATION. (Attachments: #1 Text of Proposed Order)(Mitchell, Jonathan)
April 8, 2022 Opinion or Order MINUTE ORDER granting #15 Motion for Extension of Time to File Answer. Defendant must answer or otherwise respond to the complaint by April 22, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 04/08/2022. (lcabj2)
April 7, 2022 Opinion or Order Filing 14 NOTICE of Appearance by Jonathan F. Mitchell on behalf of AMERICA FIRST LEGAL FOUNDATION (Mitchell, Jonathan)
April 7, 2022 Opinion or Order MINUTE ORDER granting #9 Motion to Amend/Correct Complaint. The Clerk of Court is directed to seal Exhibit J to the Complaint [1-10]. Plaintiffs must file a redacted version of Exhibit J for the public docket by April 14, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 04/07/2022. (lcabj2)
April 6, 2022 Opinion or Order Filing 13 NOTICE of Appearance by John P. Atkins on behalf of LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND (Atkins, John)
April 6, 2022 Opinion or Order Filing 12 NOTICE of Appearance by Mackenzie S. Wallace on behalf of LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND (Wallace, Mackenzie)
April 6, 2022 Opinion or Order Filing 11 NOTICE of Appearance by Jennifer Ecklund on behalf of LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND (Ecklund, Jennifer)
April 6, 2022 Opinion or Order Filing 10 NOTICE of Appearance by Elizabeth Myers on behalf of LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND (Myers, Elizabeth)
April 5, 2022 Opinion or Order Filing 9 MOTION to Amend/Correct #1 Complaint,, by LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND. (Attachments: #1 Exhibit Exhibit 1 to Motion to Seal Exhibit, #2 Text of Proposed Order Proposed Order)(Couvillon, Christine)
March 21, 2022 Opinion or Order Filing 8 SUMMONS (1) Issued Electronically as to All Defendants. (Attachment: #1 Notice and Consent)(zmh)
March 21, 2022 Opinion or Order MINUTE ORDER granting #4 #5 #6 #7 motions for leave of Elizabeth G. Myers, Jennifer R. Ecklund, John P. Atkins, and Mackenzie S. Wallace to Appear Pro Hac Vice only upon condition that the lawyers admitted, or at least one member of the lawyers' firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Signed by Judge Amy Berman Jackson on 3/21/22. (DMK)
March 21, 2022 Opinion or Order Case Assigned to Judge Amy Berman Jackson. (zmh)
March 16, 2022 Opinion or Order Filing 7 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mackenzie S. Wallace, Filing fee $ 100, receipt number ADCDC-9108860. Fee Status: Fee Paid. by LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Kraft, Kathleen)
March 16, 2022 Opinion or Order Filing 6 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John P. Atkins, Filing fee $ 100, receipt number ADCDC-9108858. Fee Status: Fee Paid. by LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Kraft, Kathleen)
March 16, 2022 Opinion or Order Filing 5 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jennifer R. Ecklund, Filing fee $ 100, receipt number ADCDC-9108850. Fee Status: Fee Paid. by LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Kraft, Kathleen)
March 16, 2022 Opinion or Order Filing 4 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elizabeth G. Myers, Filing fee $ 100, receipt number ADCDC-9108841. Fee Status: Fee Paid. by LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Kraft, Kathleen)
March 16, 2022 Opinion or Order Filing 3 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND (Kraft, Kathleen)
March 16, 2022 Opinion or Order Filing 2 NOTICE OF RELATED CASE by LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND. Case related to (Kraft, Kathleen)
March 16, 2022 Opinion or Order Filing 1 COMPLAINT for Declaratory and Injunctive Relief against AMERICA FIRST LEGAL FOUNDATION ( Filing fee $ 402 receipt number ADCDC-9108113) filed by NORTH TEXAS EQUAL ACCESS FUND, LILITH FUND FOR REPRODUCTIVE EQUITY. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Civil Cover Sheet, #13 Summons (proposed))(Kraft, Kathleen)

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Plaintiff: NORTH TEXAS EQUAL ACCESS FUND
Represented By: Kathleen E. Kraft
Represented By: Christine Rene Couvillon
Represented By: Alexandra Wilson Albright
Represented By: Elizabeth Myers
Represented By: Jennifer Ecklund
Represented By: John P. Atkins
Represented By: Kevin Dubose
Represented By: Kirsten Marisol Castaneda
Represented By: Mackenzie S. Wallace
Represented By: Marcy Hogan Greer
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Plaintiff: LILITH FUND FOR REPRODUCTIVE EQUITY
Represented By: Kathleen E. Kraft
Represented By: Christine Rene Couvillon
Represented By: Alexandra Wilson Albright
Represented By: Elizabeth Myers
Represented By: Jennifer Ecklund
Represented By: John P. Atkins
Represented By: Kevin Dubose
Represented By: Kirsten Marisol Castaneda
Represented By: Mackenzie S. Wallace
Represented By: Marcy Hogan Greer
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Defendant: AMERICA FIRST LEGAL FOUNDATION
Represented By: Jonathan F. Mitchell
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