North Texas Equal Access Fund et al v. Thomas More Society
North Texas Equal Access Fund and Lilith Fund for Reproductive Equity |
Thomas More Society |
1:2022cv01399 |
March 16, 2022 |
US District Court for the Northern District of Illinois |
Martha M Pacold |
Constitutional - State Statute |
28 U.S.C. § 2201 Constitutionality of State Statute(s) |
None |
Docket Report
This docket was last retrieved on March 31, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 26 ORDER: No party requested briefing on the topic of certification. See #21 . Thus, the court by this order provides notice to the Texas Attorney General under 28 U.S.C. 2403(b): "In any action, suit, or proceeding in a court of the United States to which a State or any agency, officer, or employee thereof is not a party, wherein the constitutionality of any statute of that State affecting the public interest is drawn in question, the court shall certify such fact to the attorney general of the State, and shall permit the State to intervene for presentation of evidence, if evidence is otherwise admissible in the case, and for argument on the question of constitutionality...." See also Fed. R. Civ. P. 5.1(b) ("The court must, under 28 U.S.C. 2403, certify to the appropriate attorney general that a statute has been questioned."); N.D. Ill. L.R. 24.1; Tonya K. by Diane K. v. Bd. of Educ. of City of Chicago, 847 F.2d 1243, 1247 (7th Cir. 1988). The Clerk is directed to send a copy of this order to Attorney General of Texas Ken Paxton, Office of the Texas Attorney General, P.O. Box 12548, Austin, TX 78711-2548, and const_claims@texasattorneygeneral.gov. Signed by the Honorable Martha M. Pacold on 5/6/2022. Mailed notice. (kl, ) |
MAILED copy of order #26 to the Attorney General of Texas Ken Paxton, Office of the Texas Attorney General, P.O. Box 12548, Austin, TX 78711-2548, and emailed to const_claims@texasattorneygeneral.gov (kl, ) |
Filing 25 STATUS Report Joint Initial Status Report by Lilith Fund for Reproductive Equity, North Texas Equal Access Fund (Moore, Dremain) |
Filing 24 MINUTE entry before the Honorable Martha M. Pacold: Defendant's unopposed motion to file amended motion to dismiss #22 is granted. Defendant has filed the amended motion to dismiss #23 on the docket. The original motion to dismiss #20 is stricken. (rao, ) |
Filing 23 MOTION by Defendant Thomas More Society to dismiss for lack of jurisdiction (AMENDED) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Declaration, #6 Declaration, #7 Declaration)(Mitchell, Jonathan) |
Filing 22 MOTION by Defendant Thomas More Society to amend/correct MOTION by Defendant Thomas More Society to dismiss for lack of jurisdiction #20 (Attachments: #1 Text of Proposed Order)(Mitchell, Jonathan) |
Filing 21 MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' response to Defendant's motion to dismiss #20 is due by 5/16/2022; Defendant's reply is due by 6/1/2022. If the parties need more time, they may request an extension. 2. Separately, plaintiffs filed a Notice of Constitutional Question pursuant to Federal Rule of Civil Procedure 5.1(a)(1)(B) and Northern District of Illinois Local Rule 24.1. #19 . Plaintiffs state that they served a copy of the complaint on the Texas Attorney General. Under 28 U.S.C. 2403(b): "In any action, suit, or proceeding in a court of the United States to which a State or any agency, officer, or employee thereof is not a party, wherein the constitutionality of any statute of that State affecting the public interest is drawn in question, the court shall certify such fact to the attorney general of the State, and shall permit the State to intervene for presentation of evidence, if evidence is otherwise admissible in the case, and for argument on the question of constitutionality...." See also Fed. R. Civ. P. 5.1(b) ("The court must, under 28 U.S.C. 2403, certify to the appropriate attorney general that a statute has been questioned."); N.D. Ill. L.R. 24.1; Tonya K. by Diane K. v. Bd. of Educ. of City of Chicago, 847 F.2d 1243, 1247 (7th Cir. 1988). If any party believes briefing is necessary with respect to the certification, that party should file a statement by 4:00 pm on 4/29/2022 proposing a briefing schedule. (rao, ) |
Filing 20 MOTION by Defendant Thomas More Society to dismiss for lack of jurisdiction (Attachments: #1 Exhibit, #2 Exhibit, #3 Declaration, #4 Declaration, #5 Declaration, #6 Declaration, #7 Declaration)(Mitchell, Jonathan) |
Filing 19 NOTICE by Lilith Fund for Reproductive Equity, North Texas Equal Access Fund Plaintiffs' Notice of Constitutionality Question (Attachments: #1 Challenge to Constitutionality of a State Statute)(Lorenc, Susan) |
Filing 18 ATTORNEY Appearance for Defendant Thomas More Society by Martin J. Whittaker (Whittaker, Martin) |
Filing 17 NOTICE by Lilith Fund for Reproductive Equity, North Texas Equal Access Fund re complaint, #1 Notice of Filing of Redacted Exhibit (Attachments: #1 Exhibit Exhibit G 10.28.21 Temporary Injunction Order - Redacted)(Lorenc, Susan) |
Filing 16 MINUTE entry before the Honorable Martha M. Pacold: Defendant's unopposed motion to extend time to file answer or motion to dismiss #15 is granted. Defendant to answer or otherwise plead to the complaint by 4/21/2022. The initial joint status report is due 4/29/2022. (Attachments: #1 Initial Status Report outline) (rao, ) |
Filing 15 MOTION by Defendant Thomas More Society for extension of time to file answer regarding complaint, #1 (Unopposed) (Attachments: #1 Text of Proposed Order)(Mitchell, Jonathan) |
Filing 14 ORDER: Plaintiffs' motion to seal Exhibit G to the complaint #12 is granted. The Clerk of Court is directed to place [1-7], Exhibit G, under seal. Plaintiffs are directed to file by 4/15/2022 a redacted version of Exhibit G. Signed by the Honorable Martha M. Pacold on 4/8/2022. Mailed notice. (exr, ) |
Filing 13 ATTORNEY Appearance for Defendant Thomas More Society by Jonathan Franklin Mitchell (Mitchell, Jonathan) |
Filing 12 MOTION by Plaintiffs Lilith Fund for Reproductive Equity, North Texas Equal Access Fund to seal document Pre-Answer Motion to Seal Exhibit G to Plaintiffs' Complaint or, in the Alternative, to Seal Plaintiffs' Complaint and Permit Plaintiffs to File a Redacted Exhibit G or Replacement Complaint with Redacted Exhibit G, as Appropriate (Attachments: #1 Exhibit Ex. 1 - Order Granting Defendants' Motion to Seal, #2 Proposed Order)(Lorenc, Susan) |
Filing 11 MINUTE entry before the Honorable Martha M. Pacold: The parties are directed to file an initial joint status report by 4/29/2022. (Attachments: #1 Initial Status Report outline) (rao, ) |
Filing 10 AFFIDAVIT of Service filed by Plaintiffs Lilith Fund for Reproductive Equity, North Texas Equal Access Fund regarding Summons served on Thomas More Society on 3/21/22 (Moore, Dremain) |
Filing 9 ORDER: Elizabeth G. Myers's motion for leave to appear pro hac vice on behalf of plaintiffs #6 is granted. John P. Atkins's motion for leave to appear pro hac vice on behalf of plaintiffs #7 is granted. Jennifer R. Ecklund's motion for leave to appear pro hac vice on behalf of plaintiffs #8 is granted. Signed by the Honorable Martha M. Pacold on 3/23/2022. mailed notice(kl, ) |
Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19265095. (Ecklund, Jennifer) |
Filing 7 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19265076. (Atkins, John) |
Filing 6 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19264949. (Myers, Elizabeth) |
SUMMONS Issued as to Defendant Thomas More Society (jk2, ) |
Filing 5 ATTORNEY Appearance for Plaintiffs Lilith Fund for Reproductive Equity, North Texas Equal Access Fund by Dremain Taylor Moore (Moore, Dremain) |
CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (jk2, ) |
CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jk2, ) |
Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Lilith Fund for Reproductive Equity, North Texas Equal Access Fund (Lorenc, Susan) |
Filing 3 ATTORNEY Appearance for Plaintiffs Lilith Fund for Reproductive Equity, North Texas Equal Access Fund by Susan M Lorenc (Lorenc, Susan) |
Filing 2 CIVIL Cover Sheet (Lorenc, Susan) |
Filing 1 COMPLAINT for Declaratory and Injunctive Relief filed by North Texas Equal Access Fund, Lilith Fund for Reproductive Equity; Filing fee $ 402, receipt number 0752-19253630. (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)(Lorenc, Susan) |
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