NORTH TEXAS EQUAL ACCESS FUND et al v. AMERICA FIRST LEGAL FOUNDATION
| NORTH TEXAS EQUAL ACCESS FUND and LILITH FUND FOR REPRODUCTIVE EQUITY |
| AMERICA FIRST LEGAL FOUNDATION |
| 1:2022cv00728 |
| March 16, 2022 |
| US District Court for the District of Columbia |
| Amy Berman Jackson |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| None |
Docket Report
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This docket was last retrieved on October 24, 2023. A more recent docket listing may be available from PACER.
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 27
NOTICE of Appearance by Kirsten Marisol Castaneda on behalf of LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND (Castaneda, Kirsten)
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Filing 26
NOTICE of Appearance by Marcy Hogan Greer on behalf of LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND (Greer, Marcy)
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Filing 25
NOTICE of Appearance by Kevin Dubose on behalf of LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND (Dubose, Kevin)
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Filing 24
NOTICE of Appearance by Alexandra Wilson Albright on behalf of LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND (Albright, Alexandra)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 14
NOTICE of Appearance by Jonathan F. Mitchell on behalf of AMERICA FIRST LEGAL FOUNDATION (Mitchell, Jonathan)
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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)
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Filing 13
NOTICE of Appearance by John P. Atkins on behalf of LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND (Atkins, John)
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Filing 12
NOTICE of Appearance by Mackenzie S. Wallace on behalf of LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND (Wallace, Mackenzie)
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Filing 11
NOTICE of Appearance by Jennifer Ecklund on behalf of LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND (Ecklund, Jennifer)
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Filing 10
NOTICE of Appearance by Elizabeth Myers on behalf of LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND (Myers, Elizabeth)
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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)
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Filing 8
SUMMONS (1) Issued Electronically as to All Defendants. (Attachment: #1 Notice and Consent)(zmh)
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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)
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Case Assigned to Judge Amy Berman Jackson. (zmh)
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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)
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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)
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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)
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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)
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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)
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Filing 2
NOTICE OF RELATED CASE by LILITH FUND FOR REPRODUCTIVE EQUITY, NORTH TEXAS EQUAL ACCESS FUND. Case related to (Kraft, Kathleen)
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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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