Huawei Technologies USA, Inc. et al v. United States of America, et al
Plaintiff Huawei Technologies USA, Inc. and Huawei Technologies Co., Ltd. seek a declaration that section 889 of the John S. McCain National Defense Authorization Act for the Fiscal Year 2019, which restricts the procurement of telecommunications equipment and services from Huawei Technologies Co., is unconstitutional.
| Huawei Technologies USA, Inc. and Huawei Technologies Co., Ltd. |
| Sonny Perdue, Robert Wilkie, Emily Webster Murphy, Alex Azar, II, Alexander Acosta, UNITED STATES OF AMERICA, David L. Bernhardt and Betsy DeVos |
| 4:2019cv00159 |
| March 6, 2019 |
| US District Court for the Eastern District of Texas |
| Amos L Mazzant |
| Other Statutory Actions |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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Filing 51
MEMORANDUM OPINION AND ORDER. It is therefore ORDERED Plaintiffs' Motion for Summary Judgment (Dkt. #27 ) is hereby DENIED and Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment (Dkt. #33 ) is hereby GRANTED. Signed by District Judge Amos L. Mazzant, III on 2/18/2020. (baf, )
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| Filing 50 NOTICE of Attorney Appearance - Pro Hac Vice by Shay Dvoretzky on behalf of Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc.. Filing fee $ 100, receipt number 0540-7612432. (Dvoretzky, Shay) |
| Filing 49 NOTICE of Attorney Appearance - Pro Hac Vice by Michael A. Carvin on behalf of Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc.. Filing fee $ 100, receipt number 0540-7612278. (Carvin, Michael) |
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Filing 48
ORDER - GRANTING #47 Motion to Withdraw as Attorney. Attorney Joshua M Russ terminated. Signed by District Judge Amos L. Mazzant, III on 11/15/2019. (baf, )
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| Filing 47 Unopposed MOTION to Withdraw as Attorney Joshua M. Russ by United States of America. (Attachments: #1 Text of Proposed Order)(Russ, Joshua) |
| Filing 46 RESPONSE to #45 Brief filed by Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc.. (Nager, Glen) |
| Filing 45 BRIEF filed by Alexander Acosta, Alex Azar, II, David L. Bernhardt, Betsy DeVos, Emily Webster Murphy, Sonny Perdue, United States of America, Robert Wilkie. (Newton, Emily) |
| Filing 44 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 19, 2019 before Judge Amos L. Mazzant. Court Reporter/Transcriber: Jan Mason,Telephone number: 903-209-4013. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. (107 pages) Motion to Redact due 10/11/2019. Release of Transcript Restriction set for 12/19/2019. (jm, ) |
| Filing 43 Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Dispositive Motion Hearing held on 9/19/2019 re #33 MOTION to Dismiss or, In the Alternative, for Summary Judgment filed by Robert Wilkie, Alex Azar, II, Alexander Acosta, United States of America, Betsy DeVos, David L. Bernhardt, Emily Webster Murphy, Sonny Perdue, #27 MOTION for Summary Judgment filed by Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc. (Court Reporter Jan Mason.) (kkc, ) |
| Filing 42 NOTICE of Attorney Appearance by Joshua M Russ on behalf of All Defendants (Russ, Joshua) |
| Filing 41 NOTICE of Attorney Appearance by James Garland Gillingham on behalf of All Defendants (Gillingham, James) |
| Filing 40 REPLY to Response to Motion re #33 MOTION to Dismiss or, In the Alternative, for Summary Judgment filed by Alexander Acosta, Alex Azar, II, David L. Bernhardt, Betsy DeVos, Emily Webster Murphy, Sonny Perdue, United States of America, Robert Wilkie. (Powers, James) |
| Filing 39 NOTICE of Attorney Appearance - Pro Hac Vice by Eric C. Tung on behalf of Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc.. Filing fee $ 100, receipt number 0540-7425661. (Tung, Eric) |
| Filing 38 NOTICE of Attorney Appearance - Pro Hac Vice by Karl Michael Remon Thompson on behalf of Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc.. Filing fee $ 100, receipt number 0540-7425648. (Thompson, Karl) |
| Filing 37 NOTICE by Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc. re #36 Reply to Response to Motion, (Notice of Correction) (Siebman, Clyde) |
| Filing 36 REPLY to Response to Motion re #27 MOTION for Summary Judgment and Opposition to Defendants' Motion to Dismiss, or in the Alternative, for Summary Judgment filed by Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Nager, Glen) |
| Filing 35 Additional Attachments to Main Document: #33 MOTION to Dismiss or, In the Alternative, for Summary Judgment.. (Attachments: #1 Exhibit 16, #2 Exhibit 17, #3 Exhibit 18, #4 Exhibit 19, #5 Exhibit 20, #6 Exhibit 21, #7 Exhibit 22, #8 Exhibit 23, #9 Exhibit 24, #10 Exhibit 25, #11 Exhibit 26, #12 Exhibit 27, #13 Exhibit 28)(Newton, Emily) |
| Filing 34 Additional Attachments to Main Document: #33 MOTION to Dismiss or, In the Alternative, for Summary Judgment.. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14)(Newton, Emily) |
| Filing 33 MOTION to Dismiss or, In the Alternative, for Summary Judgment by Alexander Acosta, Alex Azar, II, David L. Bernhardt, Betsy DeVos, Emily Webster Murphy, Sonny Perdue, United States of America, Robert Wilkie. (Attachments: #1 Text of Proposed Order)(Newton, Emily) |
| Filing 32 NOTICE of Attorney Appearance by James Ryan Powers on behalf of All Defendants (Powers, James) |
| Filing 31 NOTICE of Attorney Appearance by James Garland Gillingham on behalf of United States of America (Gillingham, James) |
| Filing 30 NOTICE of Attorney Appearance by Joshua M Russ on behalf of United States of America (Russ, Joshua) |
| Counsel are reminded that the Court has not opted out of this court's Local Rules concerning courtesy copies; therefore, Counsel are asked to comply with Local Rule CV-5(a)(9) and Local Rule CV-10(b) with respect to sending courtesy copies to Judge Mazzant. Please send copies of pleadings that exceed 20 pages to Judge Mazzant's chambers. Please use tabs and dividers for exhibits, and please place very voluminous pleadings in three-ring binders. (tls) |
| Filing 29 Additional Attachments to Main Document: #27 MOTION for Summary Judgment .. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Affidavit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Affidavit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Affidavit, #18 Affidavit, #19 Affidavit, #20 Affidavit)(Nager, Glen) |
| Filing 28 Additional Attachments to Main Document: #27 MOTION for Summary Judgment .. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit, #49 Exhibit, #50 Exhibit, #51 Exhibit, #52 Exhibit, #53 Exhibit, #54 Exhibit, #55 Exhibit, #56 Exhibit, #57 Exhibit, #58 Exhibit, #59 Exhibit, #60 Exhibit, #61 Exhibit, #62 Exhibit, #63 Exhibit, #64 Exhibit, #65 Exhibit, #66 Exhibit)(Nager, Glen) |
| Filing 27 MOTION for Summary Judgment by Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc.. (Attachments: #1 Text of Proposed Order)(Nager, Glen) |
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Filing 26
SCHEDULING ORDER - GRANTING #25 Joint MOTION for Entry of Scheduling Order filed by Robert Wilkie, Alex Azar, II, Alexander Acosta, United States of America, Betsy DeVos, David L. Bernhardt, Emily Webster Murphy, Sonny Perdue. Oral argument on the Parties' respective dispositive motions set for 9/19/2019 at 9:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 4/30/2019. (baf, )
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| Filing 25 Joint MOTION for Entry of Scheduling Order by Alexander Acosta, Alex Azar, II, David L. Bernhardt, Betsy DeVos, Emily Webster Murphy, Sonny Perdue, United States of America, Robert Wilkie. (Attachments: #1 Text of Proposed Order)(Newton, Emily) |
| Filing 24 SUMMONS Returned Executed by Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc.. Emily Webster Murphy served on 3/14/2019, answer due 5/13/2019. (Siebman, Clyde) |
| Filing 23 SUMMONS Returned Executed by Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc.. United States of America served on 3/27/2019, answer due 5/27/2019. (Siebman, Clyde) |
| Filing 22 SUMMONS Returned Executed by Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc.. Alexander Acosta served on 3/14/2019, answer due 5/13/2019. (Siebman, Clyde) |
| Filing 21 SUMMONS Returned Executed by Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc.. Sonny Perdue served on 3/19/2019, answer due 5/20/2019. (Siebman, Clyde) |
| Filing 20 SUMMONS Returned Executed by Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc.. Robert Wilkie served on 3/18/2019, answer due 5/17/2019. (Siebman, Clyde) |
| Filing 19 SUMMONS Returned Executed by Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc.. Alex Azar, II served on 3/15/2019, answer due 5/14/2019. (Siebman, Clyde) |
| Filing 18 SUMMONS Returned Executed by Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc.. United States of America served on 3/15/2019, answer due 5/14/2019. (Siebman, Clyde) |
| Filing 17 SUMMONS Returned Executed by Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc.. David L. Bernhardt served on 3/14/2019, answer due 5/13/2019. (Siebman, Clyde) |
| Filing 16 SUMMONS Returned Executed by Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc.. Betsy DeVos served on 3/14/2019, answer due 5/13/2019. (Siebman, Clyde) |
| Filing 15 NOTICE of Attorney Appearance - Pro Hac Vice by Andrew D. Lipman on behalf of All Plaintiffs. Filing fee $ 100, receipt number 0540-7171696. (Lipman, Andrew) |
| Filing 14 NOTICE of Attorney Appearance - Pro Hac Vice by Russell M. Blau on behalf of All Plaintiffs. Filing fee $ 100, receipt number 0540-7170194. (Blau, Russell) |
| Filing 13 NOTICE of Attorney Appearance - Pro Hac Vice by Ryan J. Watson on behalf of Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc.. Filing fee $ 100, receipt number 0540-7170133. (Watson, Ryan) (Additional attachment(s) added on 3/11/2019: #1 Attachment) (fal, ). |
| Filing 12 NOTICE of Attorney Appearance - Pro Hac Vice by Glen D. Nager on behalf of Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc.. Filing fee $ 100, receipt number 0540-7170094. (Nager, Glen) (Additional attachment(s) added on 3/11/2019: #1 Attachment) (fal, ). |
| Filing 11 Summons Issued as to David L. Bernhardt. (baf, ) |
| Filing 10 Summons Issued as to Robert Wilkie. |
| Filing 9 Summons Issued as to Sonny Perdue. (baf, ) |
| Filing 8 Summons Issued as to Betsy DeVos. (baf, ) |
| Filing 7 Summons Issued as to Alex Azar. (baf, ) |
| Filing 6 Summons Issued as to Alexander Acosta. (baf, ) |
| Filing 5 Summons Issued as to Emily Webster Murphy. (baf, ) |
| Filing 4 Summons Issued as to United States of America, U.S. Attorney and United States of America, U.S. Attorney General (Attachments: #1 Summons(es))(baf, ) |
| Case ASSIGNED to District Judge Amos L. Mazzant, III. (baf, ) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf, ) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc. (Siebman, Clyde) |
| Filing 2 NOTICE of Attorney Appearance by Steven Mark Geiszler on behalf of All Plaintiffs (Geiszler, Steven) |
| Filing 1 COMPLAINT against Alexander Acosta, Alex Azar, II, David L. Bernhardt, Betsy DeVos, Emily Webster Murphy, Sonny Perdue, UNITED STATES OF AMERICA, Robert Wilkie ( Filing fee $ 400 receipt number 0540-7168748.), filed by Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc.. (Attachments: #1 Civil Cover Sheet)(Siebman, Clyde) |
| Filing 1 COMPLAINT against Alexander Acosta, Alex Azar, II, David L. Bernhardt, Betsy DeVos, Emily Webster Murphy, Sonny Perdue, UNITED STATES OF AMERICA, Robert Wilkie ( Filing fee $ 400 receipt number 0540-7168748.), filed by Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc.. (Attachments: # 1 Civil Cover Sheet)(Siebman, Clyde) |
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