Texas, State of, et al v. United States Department of Health and Human Services, et al
| State of Texas, The and Mayo Pharmacy, Inc. |
| United States Department of Health and Human Services, Xavier Becerra and United States Department of Health and Human Services Office for Civil Rights |
| 1:2023cv00130 |
| July 13, 2023 |
| US District Court for the District of North Dakota |
| Clare R Hochhalter |
| Daniel M Traynor |
| Other Statutory Actions |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on July 24, 2023. A more recent docket listing may be available from PACER.
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Filing 47
ORDER by Judge Daniel M. Traynor granting #46 Motion to Stay, Unopposed. This case is STAYED pending the outcome, including appeals, of the Texas case. Status Report due every ninety (90) days from the date of this Order until the Texas matter is resolved. (CK)
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| DOCKET CORRECTION re: #46 Motion to Stay. Clerk's office removed 'Exhibit' reference. (jb) |
| Filing 46 MOTION to Stay , Unopposed, by Mayo Pharmacy, Inc.. (Attachments: #1 Memorandum in Support)(Bowman, Matthew) Modified on 7/24/2023 to remove exhibit reference. (jb) |
| Filing 45 Case transferred in from District of Texas Western; Case Number 7:23-cv-00022. Original file, transfer order and docket sheet received. |
| Filing 44 Memorandum Opinion. Signed by Judge David Counts. (kg) |
| Filing 43 NOTICE of Supplemental Authority by Mayo Pharmacy, Inc. (Bowman, Matthew) |
| Filing 42 Minute Entry for proceedings held before Judge David Counts: Motion Hearing held on 6/29/2023 re #31 MOTION to Dismiss Amended Complaint filed by United States Department of Health and Human Services Office for Civil Rights, United States Department of Health and Human Services, Xavier Becerra (Minute entry documents are not available electronically). (Court Reporter Tamara Ross)(slt) |
| Filing 41 NOTICE by Mayo Pharmacy, Inc. re #39 Notice (Other), (Attachments: #1 Exhibit Exh 1 White House Fact Sheet)(Dill, Andrea) |
| Filing 40 NOTICE of Attorney Appearance by William D. Wassdorf on behalf of The State of Texas. Attorney William D. Wassdorf added to party The State of Texas(pty:pla) (Wassdorf, William) |
| Filing 39 NOTICE by Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights (Attachments: #1 Exhibit - Press release regarding closing of investigations)(Newman, Jeremy) |
| Filing 38 REPLY to Response to Motion, filed by Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights, re #31 MOTION to Dismiss Amended Complaint filed by Defendant United States Department of Health and Human Services Office for Civil Rights, Defendant United States Department of Health and Human Services, Defendant Xavier Becerra (Attachments: #1 Exhibit 1 - Pharmacy Guidance with passages highlighted)(Newman, Jeremy) |
| Filing 37 Response in Opposition to Motion, filed by Mayo Pharmacy, Inc., The State of Texas, re #31 MOTION to Dismiss Amended Complaint filed by Defendant United States Department of Health and Human Services Office for Civil Rights, Defendant United States Department of Health and Human Services, Defendant Xavier Becerra (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Hilton, Amy) |
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Text Order GRANTING #36 Plaintiffs' Unopposed Motion for Extension of Time to File Response to Defendants' Motion to Dismiss. It is ORDERED that Plaintiffs' deadline to file a response to Defendants' Motion to Dismiss is extended to May 30, 2023. Defendants' reply, if any, is extended to June 13, 2023. It is so ORDERED. Entered by Judge David Counts. (This is a text-only entry generated by the court. There is no document associated with this entry.) (db)
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| Filing 36 Unopposed MOTION for Extension of Time to File Response/Reply by Mayo Pharmacy, Inc., The State of Texas. (Attachments: #1 Proposed Order)(Hilton, Amy) |
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Filing 35
ORDER RESetting Hearing on #31 MOTION to Dismiss Amended Complaint : Motion Hearing REset for 6/29/2023 01:30 PM in Midland before Judge David Counts. Signed by Judge David Counts. (kg)
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Filing 34
ORDER Setting Hearing on #31 MOTION to Dismiss Amended Complaint: Motion Hearing set for 6/12/2023 01:30 PM in Midland before Judge David Counts. Signed by Judge David Counts. (kg)
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| Filing 33 NOTICE of Attorney Appearance by Andrea Regan Dill on behalf of Mayo Pharmacy, Inc.. Attorney Andrea Regan Dill added to party Mayo Pharmacy, Inc.(pty:pla) (Dill, Andrea) |
| Filing 32 NOTICE of Attorney Appearance by Jeremy S. B. Newman on behalf of Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights. Attorney Jeremy S. B. Newman added to party Xavier Becerra(pty:dft), Attorney Jeremy S. B. Newman added to party United States Department of Health and Human Services(pty:dft), Attorney Jeremy S. B. Newman added to party United States Department of Health and Human Services Office for Civil Rights(pty:dft) (Newman, Jeremy) |
| Filing 31 MOTION to Dismiss Amended Complaint by Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights. (Marcus, Lisa) |
| Filing 30 NOTICE of Attorney Appearance by Lisa Zeidner Marcus on behalf of Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights. Attorney Lisa Zeidner Marcus added to party Xavier Becerra(pty:dft), Attorney Lisa Zeidner Marcus added to party United States Department of Health and Human Services(pty:dft), Attorney Lisa Zeidner Marcus added to party United States Department of Health and Human Services Office for Civil Rights(pty:dft) (Marcus, Lisa) |
| Filing 29 SUMMONS Returned Executed by The State of Texas. Xavier Becerra served on 3/17/2023, answer due 5/16/2023. (Hilton, Amy) |
| Filing 28 SUMMONS Returned Executed by The State of Texas. United States Department of Health and Human Services served on 3/17/2023, answer due 5/16/2023. (Hilton, Amy) |
| Filing 27 SUMMONS Returned Executed by The State of Texas. United States Department of Health and Human Services Office for Civil Rights served on 3/17/2023, answer due 5/16/2023. (Hilton, Amy) |
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Text Order GRANTING #26 Matthew S. Bowman's Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice Pro Hac Vice in this case must register for electronic filing with our Court within 10 days of this Order. Registration is managed by the PACER Service Center. It is further ORDERED that if Mr. Bowman has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Court Rule AT-1(f)(2). Entered by Judge David Counts. (This is a text-only entry generated by the court. There is no document associated with this entry.) (db)
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| Filing 26 MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number 451) by Mayo Pharmacy, Inc. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Proposed Order)(jb3) |
| Filing 25 SUMMONS Returned Executed by The State of Texas. United States Department of Health and Human Services Office for Civil Rights served on 3/9/2023, answer due 5/8/2023. (Hilton, Amy) |
| Filing 24 SUMMONS Returned Executed by The State of Texas. Xavier Becerra served on 3/10/2023, answer due 5/9/2023. (Hilton, Amy) |
| Filing 23 SUMMONS Returned Executed by The State of Texas. United States Department of Health and Human Services served on 3/9/2023, answer due 5/8/2023. (Hilton, Amy) |
| Filing 22 SUMMONS Returned Executed by The State of Texas. Xavier Becerra served on 3/9/2023, answer due 5/8/2023. (Hilton, Amy) |
| Filing 21 RULE 7 DISCLOSURE STATEMENT filed by Mayo Pharmacy, Inc.. (Bangert, Ryan) |
| Filing 20 Summons Issued as to All Defendants. (kg) |
| Filing 19 REQUEST FOR ISSUANCE OF SUMMONS by The State of Texas. (Attachments: #1 Request for Summons-US DHHS-USAG, #2 Request for Summons-US DHHS, #3 Request for Summons-US DHHS OCR-US Atty WD, #4 Request for Summons-US DHHS OCR-USAG, #5 Request for Summons-US DHHS OCR, #6 Request for Summons-Becerra-USAG, #7 Request for Summons-Becerra-US Atty WD, #8 Request for Summons-Becerra)(Hilton, Amy) |
| Filing 18 SUMMONS Returned Executed by The State of Texas. United States Department of Health and Human Services served on 2/14/2023, answer due 4/17/2023. (Hilton, Amy) |
| Filing 17 SUMMONS Returned Executed by The State of Texas. Xavier Becerra, Secretary (Hilton, Amy) |
| Filing 16 SUMMONS Returned Executed by The State of Texas. Xavier Becerra served on 2/14/2023, answer due 4/11/2023. (Hilton, Amy) |
| Filing 15 NOTICE of Attorney Appearance by Ryan L. Bangert on behalf of Mayo Pharmacy, Inc.. Attorney Ryan L. Bangert added to party Mayo Pharmacy, Inc.(pty:pla) (Bangert, Ryan) |
| Filing 14 AMENDED COMPLAINT against Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights amending #1 Complaint,., filed by The State of Texas, Mayo Pharmacy, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Hilton, Amy) |
| Filing 13 Summons Issued as to All Defendants. (jb3) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS by The State of Texas. Summons to HHS (Attachments: #1 Summons to Becerra, #2 Summons to HHS-OCR)(Hilton, Amy) |
| Filing 11 NOTICE of DEFICIENT SERVICE OF PROCESS by Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights re #3 Summons Issued (Noble-AUSA, Liane) |
| Filing 10 SUMMONS Returned Executed by The State of Texas. (Hilton, Amy) |
| Filing 9 SUMMONS Returned Executed by The State of Texas. (Hilton, Amy) |
| Filing 8 SUMMONS Returned Executed by The State of Texas. Xavier Becerra served on 2/10/2023, answer due 4/11/2023. (Hilton, Amy) |
| Filing 7 SUMMONS Returned Executed by The State of Texas. United States Department of Health and Human Services Office for Civil Rights served on 2/10/2023, answer due 4/14/2023. (Hilton, Amy) |
| Filing 6 SUMMONS Returned Executed by The State of Texas. United States Department of Health and Human Services served on 2/10/2023, answer due 4/11/2023. (Hilton, Amy) |
| Filing 5 SUMMONS Returned Executed by The State of Texas. United States Department of Health and Human Services Office for Civil Rights served on 2/13/2023, answer due 4/14/2023. (Hilton, Amy) |
| Filing 4 AMENDED COMPLAINT Corrected pursuant to Court's Deficiency Notice against Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights amending #1 Complaint,., filed by The State of Texas.(Hilton, Amy) |
| DEFICIENCY NOTICE: re #1 Complaint, Please correct header to read Midland/Odessa Division (jb3) |
| Filing 3 Summons Issued as to All Defendants. (jb3) |
| Case assigned to Judge David Counts. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (jb3) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by The State of Texas. All Defendants (Attachments: #1 Xavier Becerra, #2 Xavier Becerra, #3 HHS, #4 HHS, #5 HHS, #6 HHS OCR, #7 HHS OCR, #8 HHS OCR)(Hilton, Amy) |
| Filing 1 COMPLAINT ( Filing fee $ 402 receipt number ATXWDC-17056259). No Summons requested at this time, filed by The State of Texas. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet)(Hilton, Christopher) (Additional attachment(s) added on 2/8/2023: #6 Complaint with Corrected Case Number) (jb3). |
| Contacted by filing attorney that case was inadvertently filed in the Austin division; Case will be copied to Midland division as noted on paperwork. (kc) |
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