Texas, State of, et al v. United States Department of Health and Human Services, et al
Plaintiff: State of Texas, The and Mayo Pharmacy, Inc.
Defendant: United States Department of Health and Human Services, Xavier Becerra and United States Department of Health and Human Services Office for Civil Rights
Case Number: 1:2023cv00130
Filed: July 13, 2023
Court: US District Court for the District of North Dakota
Presiding Judge: Clare R Hochhalter
Referring Judge: Daniel M Traynor
Nature of Suit: Other Statutory Actions
Cause of Action: 05 U.S.C. ยง 702 Administrative Procedure Act
Jury Demanded By: None
Docket Report

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

Date Filed Document Text
July 24, 2023 Opinion or Order 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)
July 24, 2023 DOCKET CORRECTION re: #46 Motion to Stay. Clerk's office removed 'Exhibit' reference. (jb)
July 21, 2023 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)
July 13, 2023 Filing 45 Case transferred in from District of Texas Western; Case Number 7:23-cv-00022. Original file, transfer order and docket sheet received.
July 12, 2023 Filing 44 Memorandum Opinion. Signed by Judge David Counts. (kg)
June 30, 2023 Filing 43 NOTICE of Supplemental Authority by Mayo Pharmacy, Inc. (Bowman, Matthew)
June 29, 2023 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)
June 26, 2023 Filing 41 NOTICE by Mayo Pharmacy, Inc. re #39 Notice (Other), (Attachments: #1 Exhibit Exh 1 White House Fact Sheet)(Dill, Andrea)
June 22, 2023 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)
June 21, 2023 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)
June 13, 2023 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)
May 30, 2023 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)
May 18, 2023 Opinion or Order 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)
May 17, 2023 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)
May 15, 2023 Opinion or Order 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)
May 12, 2023 Opinion or Order 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)
May 10, 2023 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)
May 9, 2023 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)
May 8, 2023 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)
May 8, 2023 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)
March 28, 2023 Filing 29 SUMMONS Returned Executed by The State of Texas. Xavier Becerra served on 3/17/2023, answer due 5/16/2023. (Hilton, Amy)
March 22, 2023 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)
March 22, 2023 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)
March 22, 2023 Opinion or Order 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)
March 21, 2023 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)
March 20, 2023 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)
March 17, 2023 Filing 24 SUMMONS Returned Executed by The State of Texas. Xavier Becerra served on 3/10/2023, answer due 5/9/2023. (Hilton, Amy)
March 15, 2023 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)
March 15, 2023 Filing 22 SUMMONS Returned Executed by The State of Texas. Xavier Becerra served on 3/9/2023, answer due 5/8/2023. (Hilton, Amy)
March 10, 2023 Filing 21 RULE 7 DISCLOSURE STATEMENT filed by Mayo Pharmacy, Inc.. (Bangert, Ryan)
March 3, 2023 Filing 20 Summons Issued as to All Defendants. (kg)
March 3, 2023 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)
March 2, 2023 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)
March 2, 2023 Filing 17 SUMMONS Returned Executed by The State of Texas. Xavier Becerra, Secretary (Hilton, Amy)
March 2, 2023 Filing 16 SUMMONS Returned Executed by The State of Texas. Xavier Becerra served on 2/14/2023, answer due 4/11/2023. (Hilton, Amy)
March 1, 2023 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)
February 28, 2023 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)
February 27, 2023 Filing 13 Summons Issued as to All Defendants. (jb3)
February 24, 2023 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)
February 24, 2023 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)
February 21, 2023 Filing 10 SUMMONS Returned Executed by The State of Texas. (Hilton, Amy)
February 21, 2023 Filing 9 SUMMONS Returned Executed by The State of Texas. (Hilton, Amy)
February 21, 2023 Filing 8 SUMMONS Returned Executed by The State of Texas. Xavier Becerra served on 2/10/2023, answer due 4/11/2023. (Hilton, Amy)
February 21, 2023 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)
February 21, 2023 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)
February 21, 2023 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)
February 10, 2023 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)
February 10, 2023 DEFICIENCY NOTICE: re #1 Complaint, Please correct header to read Midland/Odessa Division (jb3)
February 8, 2023 Filing 3 Summons Issued as to All Defendants. (jb3)
February 7, 2023 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)
February 7, 2023 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)
February 7, 2023 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).
February 7, 2023 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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Plaintiff: State of Texas, The
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Plaintiff: Mayo Pharmacy, Inc.
Represented By: Matthew S. Bowman
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Defendant: United States Department of Health and Human Services
Represented By: Jeremy S. B. Newman
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Defendant: Xavier Becerra
Represented By: Jeremy S. B. Newman
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Defendant: United States Department of Health and Human Services Office for Civil Rights
Represented By: Jeremy S. B. Newman
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