Louisiana et al v. Becerra et al
| State of Louisiana, State of Montana, State of Arizona, State of Alabama, State of Georgia, State of Idaho, State of Indiana, State of Mississippi, State of Oklahoma, State of South Carolina, State of Utah, State of West Virginia, Commonwealth of Kentucky and State of Ohio |
| Xavier Becerra, U.S. Dept of Health and Human Services, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services and U S Dept of Health & Human Services |
| 3:2021cv03970 |
| November 15, 2021 |
| US District Court for the Western District of Louisiana |
| Terry A Doughty |
| Kayla D McClusky |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
Docket Report
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Filing 43
ORDER granting #42 Motion for Extension of Time to Respond to #1 Complaint. Responses due by 2/8/22, should the Court deny the pending Motion to Stay. Signed by Judge Terry A Doughty on 1/11/2022. (crt,Crawford, A)
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| Filing 42 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint,,, with consent by Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 1/11/2022. (Attachments: #1 Proposed order)(aty,McElvain, Joel) |
| Filing 41 MINUTE ENTRY: Government response as to #40 MOTION to Stay Further Proceedings is due by 1/14/2022. Signed by Judge Terry A Doughty on 1/7/2022. (crt,Crawford, A) |
| Motions Transferred regarding #40 MOTION to Stay Further Proceedings. Motions referred to Judge Terry A Doughty. (crt,Crick, S) |
| Filing 40 MOTION to Stay Further Proceedings by Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 1/6/2022. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,McElvain, Joel) |
| ELECTRONICALLY CERTIFIED Record on Appeal to US Court of Appeals re #31 Notice of Appeal, is now available to Appellate Counsel via the 5th Circuit Court of Appeals website. See Instructions for Access and Use of the Electronic Record Download Feature of CM/ECF by clicking #here. (USCA #21-30734)If you do not have access to the Electronic Download Feature of CM/ECF, please submit your request for the certified record on appeal to the District Court. (crt,WalkerSld, B) |
| Filing 39 MEMORANDUM ORDER of USCA as to #31 Notice of Appeal, filed by Chiquita Brooks-Lasure, Xavier Becerra, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services that the opposed motion for stay of the district court's preliminary injunction order pending appeal filed by Appellants Centers for Medicare and Medicaid Services, HHS, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Chiquita Brooks-Lasure is DENIED insofar as the order applies to the 14 Plaintiff States. A stay is GRANTED as to the order's application to any other jurisdiction. (crt,WalkerSld, B) |
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Filing 38
ORDER granting #36 Motion to Appear Pro Hac Vice for appearance of Thomas T Hydrick for State of South Carolina. Signed by Magistrate Judge Kayla D McClusky on 12/3/2021. (crt,Leday, A)
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| USCA Case Number 21-30734 for #31 Notice of Appeal, filed by Chiquita Brooks-Lasure, Xavier Becerra, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services. (crt,WalkerSld, B) |
| Set Deadline for Clerk re #31 Notice of Appeal: Certify Appeal Record (21-30734) by Clerk to COA 12/17/2021. (crt,WalkerSld, B) |
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Filing 37
ORDER granting #33 Motion to Appear Pro Hac Vice for appearance of Thomas M Fisher for State of Indiana. Signed by Magistrate Judge Kayla D McClusky on 12/2/2021. (crt,Leday, A)
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| Filing 36 MOTION for Thomas T. Hydrick to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4913636) by State of South Carolina. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 12/2/2021. (Attachments: #1 Proposed order, #2 Certificate of good standing)(aty,Faircloth, Jimmy) |
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Filing 35
MEMORANDUM ORDER denying #32 Motion to Stay Pending Appeal. Signed by Judge Terry A Doughty on 12/1/2021. (crt,Crawford, A)
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Filing 34
ORDER granting #27 Motion to Appear Pro Hac Vice for appearance of Lindsay S See for State of West Virginia. Signed by Magistrate Judge Kayla D McClusky on 12/1/2021. (crt,Leday, A)
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| Filing 33 MOTION for Thomas M. Fisher to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4911714) by State of Indiana. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 12/1/2021. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Murrill, Elizabeth) |
| Filing 32 MOTION to Stay re #29 Order on Motion for Preliminary Injunction, #28 Memorandum Ruling, Motion for Stay Pending Appeal by Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 12/1/2021. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,McElvain, Joel) |
| Filing 31 NOTICE OF APPEAL as to #29 Order on Motion for Preliminary Injunction, #28 Memorandum Ruling, by Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services. (Filed on behalf of USA - Filing Fee not required) (aty,McElvain, Joel) |
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Filing 30
ORDER granting #14 Motion to Appear Pro Hac Vice for appearance of Marc Edwin Manley for Commonwealth of Kentucky. Signed by Magistrate Judge Kayla D McClusky on 11/30/2021. (crt,Leday, A)
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| Motions Transferred regarding #32 MOTION to Stay re #29 Order on Motion for Preliminary Injunction, #28 Memorandum Ruling, Motion for Stay Pending Appeal. Motions referred to Judge Terry A Doughty. (crt,Crick, S) |
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Filing 29
ORDER granting #2 Motion for Preliminary Injunction. Signed by Judge Terry A Doughty on 11/30/2021. (crt,Crawford, A)
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| Filing 28 MEMORANDUM RULING re #2 MOTION for Preliminary Injunction filed by State of Louisiana, State of Indiana, State of Montana, State of Arizona, State of Mississippi, State of Utah, State of Idaho, State of Georgia, State of Oklahoma, State of South Carolina, State of Alabama, State of West Virginia. Signed by Judge Terry A Doughty on 11/30/2021. (crt,Crawford, A) |
| Filing 27 MOTION for Lindsay S. See to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4910469) by State of West Virginia. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 11/30/2021. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Murrill, Elizabeth) |
| Filing 26 REPLY to Response to #2 MOTION for Preliminary Injunction filed by Plaintiff States. (crt,Crawford, A) |
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Filing 25
ORDER granting #24 Motion for Leave to File Excess Pages. Signed by Judge Terry A Doughty on 11/30/2021. (crt,Crawford, A)
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| Motions Transferred regarding #24 Unopposed MOTION for Leave to File Excess Pages re Reply to #2 Motion for Preliminary Injunction. Motions referred to Judge Terry A Doughty. (crt,Crick, S) |
| Filing 24 Unopposed MOTION for Leave to File Excess Pages re Reply to #2 Motion for Preliminary Injunction by State of Alabama, State of Arizona, State of Georgia, State of Idaho, State of Indiana, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of Ohio, State of Oklahoma, State of South Carolina, State of Utah, State of West Virginia. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 11/29/2021. (Attachments: #1 Proposed pleading, #2 Proposed order)(aty,Faircloth, Jimmy) Modified on 11/30/2021 to create docket entry relationship. (Crick, S). |
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Filing 23
ORDER granting #22 Motion to Expedite Consideration. Signed by Judge Terry A Doughty on 11/29/2021. (crt,Crawford, A)
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| Filing 22 MOTION to Expedite consideration of #2 MOTION for Preliminary Injunction on Written Submissions by State of Alabama, State of Arizona, State of Georgia, State of Idaho, State of Indiana, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of Ohio, State of Oklahoma, State of South Carolina, State of Utah, State of West Virginia. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 11/29/2021. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Faircloth, Jimmy). Added MOTION to set Response date in error on 11/29/2021 (Crawford, A). |
| Filing 21 MEMORANDUM in Opposition to #2 MOTION for Preliminary Injunction filed by Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services. (crt,Crawford, A) |
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Filing 20
ORDER granting #19 Motion for Leave to File Excess Pages. Signed by Judge Terry A Doughty on 11/29/2021. (crt,Crawford, A)
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| Motions Transferred regarding #22 MOTION to Expedite consideration of #2 MOTION for Preliminary Injunction on Written Submissions. Motions referred to Judge Terry A Doughty. (crt,Crick, S) |
| Motions Transferred regarding #19 Consent MOTION for Leave to File Excess Pages re #2 Motion for Preliminary Injunction. Motions referred to Judge Terry A Doughty. (crt,Crick, S) |
| Filing 19 Consent MOTION for Leave to File Excess Pages re #2 Motion for Preliminary Injunction by Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 11/26/2021. (Attachments: #1 Proposed pleading, #2 Proposed order)(aty,McElvain, Joel) Modified on 11/29/2021 to create docket entry relationship and modify docket text.(Crick, S). |
| Filing 18 NOTICE of Appearance by Jonathan D Kossak on behalf of Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services (Attorney Jonathan D Kossak added to party Xavier Becerra(pty:dft), Attorney Jonathan D Kossak added to party Chiquita Brooks-Lasure(pty:dft), Attorney Jonathan D Kossak added to party Centers for Medicare & Medicaid Services(pty:dft), Attorney Jonathan D Kossak added to party U S Dept of Health & Human Services(pty:dft)) (aty,Kossak, Jonathan) |
| Filing 17 NOTICE of Appearance by Julie Straus Harris on behalf of Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services (Attorney Julie Straus Harris added to party Xavier Becerra(pty:dft), Attorney Julie Straus Harris added to party Chiquita Brooks-Lasure(pty:dft), Attorney Julie Straus Harris added to party Centers for Medicare & Medicaid Services(pty:dft), Attorney Julie Straus Harris added to party U S Dept of Health & Human Services(pty:dft)) (aty,Harris, Julie) |
| Filing 16 NOTICE of Appearance by Michael Drezner on behalf of Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services (Attorney Michael Drezner added to party Xavier Becerra(pty:dft), Attorney Michael Drezner added to party Chiquita Brooks-Lasure(pty:dft), Attorney Michael Drezner added to party Centers for Medicare & Medicaid Services(pty:dft), Attorney Michael Drezner added to party U S Dept of Health & Human Services(pty:dft)) (aty,Drezner, Michael) |
| Filing 15 NOTICE of Appearance by Joel L McElvain on behalf of Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services (Attorney Joel L McElvain added to party Xavier Becerra(pty:dft), Attorney Joel L McElvain added to party Chiquita Brooks-Lasure(pty:dft), Attorney Joel L McElvain added to party Centers for Medicare & Medicaid Services(pty:dft), Attorney Joel L McElvain added to party U S Dept of Health & Human Services(pty:dft)) (aty,McElvain, Joel) |
| Filing 14 MOTION for Marc Manley to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4904707) by Commonwealth of Kentucky. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 11/23/2021. (Attachments: #1 Proposed order, #2 Certificate of good standing)(aty,Faircloth, Jimmy) |
| Filing 13 SUMMONS ISSUED as to U S Attorney, U S Attorney General, Xavier Becerra, U S Dept of Health & Human Services, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services. (crt,Crick, S) |
| Filing 12 NOTICE of Joinder to #2 MOTION for Preliminary Injunction by Commonwealth of Kentucky, State of Ohio (aty,Faircloth, Jimmy) Modified on 11/23/2021 to modify docket text.(Crick, S). |
| Filing 11 AMENDED COMPLAINT against Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services filed by State of Utah, State of Indiana, State of Montana, State of Louisiana, State of Idaho, State of Arizona, State of Oklahoma, State of West Virginia, State of Mississippi, State of Alabama, State of South Carolina, State of Georgia, Commonwealth of Kentucky, State of Ohio.(aty,Faircloth, Jimmy) Modified on 11/23/2021 to modify docket text.(Crick, S). |
| Filing 10 SUMMONS Returned Executed by State of Utah, State of Indiana, State of Montana, State of Louisiana, State of Idaho, State of Arizona, State of Oklahoma, State of West Virginia, State of Mississippi, State of Alabama, State of South Carolina, State of Georgia U S Dept of Health & Human Services served on 11/19/2021, answer due 1/18/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(aty,St John, Joseph) Modified on 11/22/2021 to modify date of service. (Crick, S). |
| Filing 9 SUMMONS Returned Executed by State of Utah, State of Indiana, State of Montana, State of Louisiana, State of Idaho, State of Arizona, State of Oklahoma, State of West Virginia, State of Mississippi, State of Alabama, State of South Carolina, State of Georgia Centers for Medicare & Medicaid Services served on 11/19/2021, answer due 1/18/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(aty,St John, Joseph) Modified on 11/22/2021 to modify date of service. (Crick, S). |
| Filing 8 SUMMONS Returned Executed by State of Utah, State of Indiana, State of Montana, State of Louisiana, State of Idaho, State of Arizona, State of Oklahoma, State of West Virginia, State of Mississippi, State of Alabama, State of South Carolina, State of Georgia Chiquita Brooks-Lasure served on 11/19/2021, answer due 1/18/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(aty,St John, Joseph) Modified on 11/22/2021 to modify date of service. (Crick, S). |
| Filing 7 SUMMONS Returned Executed by State of Utah, State of Indiana, State of Montana, State of Louisiana, State of Idaho, State of Arizona, State of Oklahoma, State of West Virginia, State of Mississippi, State of Alabama, State of South Carolina, State of Georgia Xavier Becerra served on 11/19/2021, answer due 1/18/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(aty,St John, Joseph) Modified on 11/22/2021 to modify date of service. (Crick, S). |
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Filing 6
MEMORANDUM ORDER that Plaintiff States promptly serve Government Defendants with the Complaint and Motion for Preliminary Injunction. IT IS FURTHER ORDERED that Government Defendants file a Response to #2 Motion for Preliminary Injunction by Friday, November 26, 2021, at 5:00 p.m., CST. IT IS FURTHER ORDERED that Plaintiff States file a Reply to the Response by Wednesday, December 1, 2021, at 5:00 p.m., CST. IT IS FURTHER ORDERED that #5 Minute Entry dated November 16, 2021, is VACATED. Signed by Judge Terry A Doughty on 11/17/2021. (crt,Miletello, A)
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| Filing 5 *VACATED* MINUTE ENTRY: Plaintiff States are to promptly serve Defendants Xavier Becerra, United States Department of Health and Human Services, Chiquita Brooks-Lasure, and Centers for Medicare and Medicaid Services with the Complaint and Motion for Preliminary Injunction. Upon receipt, Defendants may file a Response to the Motion for Preliminary Injunction within fifteen (15) days. Plaintiff States may file a Reply five (5) days after Defendants files their Response. Signed by Judge Terry A Doughty on 11/16/2021. (crt,Miletello, A) Modified on 11/17/2021 to indicate vacated, see #6 Memorandum Order (Miletello, A). |
| Filing 4 SUMMONS ISSUED as to U S Attorney, U S Attorney General, Xavier Becerra, U S Dept of Health & Human Services, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services. (crt,Crick, S) |
| Filing 3 ISSUED IN ERROR. SUMMONS ISSUED as to Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services. (crt,Crick, S) Modified on 11/16/2021 to indicate issued in error. #4 USA Summons issued. (Crick, S). |
| NOTICE of Corrective Action regarding #3 Summons Issued - All,. Action taken: Modified text to indicate issued in error. #4 Correct summons issued. (crt,Crick, S) |
| NOTICE of Corrective Action to Elizabeth Baker Murrill on behalf of State of Alabama, State of Arizona, State of Georgia, State of Idaho, State of Indiana, State of Louisiana, State of Mississippi, State of Montana, State of Oklahoma, State of South Carolina, State of Utah, State of West Virginia regarding #2 MOTION for Preliminary Injunction . Action taken: Terminated TRO event added in error to #2 Motion for Preliminary Injunction. (crt,Crick, S) |
| CASE Assigned to Judge Terry A Doughty and Magistrate Judge Kayla D McClusky. (crt,Crick, S) |
| Filing 2 MOTION for Preliminary Injunction by State of Alabama, State of Arizona, State of Georgia, State of Idaho, State of Indiana, State of Louisiana, State of Mississippi, State of Montana, State of Oklahoma, State of South Carolina, State of Utah, State of West Virginia. Motion Ripe Deadline set for 11/15/2021. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Proposed order)(aty,Murrill, Elizabeth). Added MOTION for Temporary Restraining Order on 11/16/2021 (Crick, S). Modified on 11/18/2021 to removed Motion for TRO - added in error. (Crick, S). |
| Filing 1 COMPLAINT against Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health and Human Services (Filing fee $402, receipt number ALAWDC-4895438) filed by State of Utah, State of Indiana, State of Montana, State of Louisiana, State of Idaho, State of Arizona, State of Oklahoma, State of West Virginia, State of Mississippi, State of Alabama, State of South Carolina, State of Georgia. (Attachments: #1 Civil cover sheet)(Attorney Elizabeth Baker Murrill added to party State of Alabama(pty:pla), Attorney State of Arizona(pty:pla), State of Georgia(pty:pla), State of Idaho(pty:pla), State of Indiana(pty:pla), State of Louisiana(pty:pla), State of Mississippi(pty:pla), State of Montana(pty:pla), State of Oklahoma(pty:pla), State of South Carolina(pty:pla), State of Utah(pty:pla), State of West Virginia(pty:pla))(aty,Murrill, Elizabeth) Modified on 11/16/2021 to modify docket text. (Crick, S). |
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