Lifenet, Inc. v. U.S. Department of Health and Human Services et al
| Lifenet, Inc. |
| U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of the Treasury, Office of Personnel Management, Secretary of Health Xavier Becerra, Janet Yellen, Martin J. Walsh and Kiran Ahuja |
| 6:2022cv00162 |
| April 27, 2022 |
| US District Court for the Eastern District of Texas |
| Jeremy D Kernodle |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on July 26, 2022. A more recent docket listing may be available from PACER.
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Filing 37
NOTICE by Janet Yellen, Kiran Ahuja, Martin J. Walsh, Office of Personnel Management, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of the Treasury, Xavier Becerra re #31 Cross MOTION for Summary Judgment or, in the Alternative, for Jurisdictional Discovery, and Memorandum in Opposition to Plaintiff's Summary Judgment Motion Notice of Supplemental Authority (McElvain, Joel)
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Filing 36
REPLY to Response to Motion re #31 Cross MOTION for Summary Judgment or, in the Alternative, for Jurisdictional Discovery, and Memorandum in Opposition to Plaintiff's Summary Judgment Motion filed by Janet Yellen, Kiran Ahuja, Martin J. Walsh, Office of Personnel Management, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of the Treasury, Xavier Becerra. (Attachments: #1 Exhibit Discovery Requests)(McElvain, Joel)
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Filing 35
ORDER granting #33 MOTION to Seal Document #32 Reply to Response to Motion, Exhibit 1 to the Third Gaines Declaration [Dkt 32-4]. Signed by District Judge Jeremy D. Kernodle on 6/13/2022. (wea, )
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Filing 34
SEALED ADDITIONAL ATTACHMENT to Main Document #33 : Exhibit 1 to the Third Gaines Declaration, Exhibit 4 to Plaintiffs Reply In Support of Its Motion For Summary Judgment And Response In Opposition To Defendants Cross-Motion For Summary Judgment [Dkt. 32-4] (Attachments: #1 Exhibit 1 to Third Declaration of James L. Gaines)(Shepard, Steven) Modified on 6/9/2022 (wea, ).
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Filing 33
MOTION to Seal Document #32 Reply to Response to Motion,, Exhibit 1 to the Third Gaines Declaration [Dkt 32-4] by Lifenet, Inc.. (Attachments: #1 Exhibit 1 - Filed Separately Under Seal, #2 Text of Proposed Order)(Shepard, Steven)
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Filing 32
REPLY to Response to Motion re #31 Cross MOTION for Summary Judgment or, in the Alternative, for Jurisdictional Discovery, and Memorandum in Opposition to Plaintiff's Summary Judgment Motion, #27 MOTION for Summary Judgment and Memorandum in Support Thereof ; Plaintiff's Reply in Support of its Motion for Summary Judgment [dkt. 27] and Response in Opposition to Defendants' Cross-Motion for Summary Judgment [dkt 31] filed by Lifenet, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Text of Proposed Order)(Shepard, Steven)
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Filing 31
Cross MOTION for Summary Judgment or, in the Alternative, for Jurisdictional Discovery, and Memorandum in Opposition to Plaintiff's Summary Judgment Motion by Janet Yellen, Kiran Ahuja, Martin J. Walsh, Office of Personnel Management, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of the Treasury, Xavier Becerra. (Attachments: #1 Affidavit Declaration of Joel McElvain, #2 Text of Proposed Order, #3 Text of Proposed Order)(McElvain, Joel)
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Filing 30
NOTICE by Janet Yellen, Kiran Ahuja, Martin J. Walsh, Office of Personnel Management, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of the Treasury, Xavier Becerra Notice of Filing of Administrative Record (Attachments: #1 Exhibit Certification of Administrative Record, #2 Exhibit Administrative Record part 1, #3 Exhibit Administrative Record part 2, #4 Exhibit Administrative Record part 3, #5 Exhibit Administrative Record part 4, #6 Exhibit Administrative Record part 5, #7 Exhibit Administrative Record part 6, #8 Exhibit Administrative Record part 7, #9 Exhibit Administrative Record part 8, #10 Exhibit Administrative Record part 9, #11 Exhibit Administrative Record part 10, #12 Exhibit Administrative Record part 11, #13 Exhibit Administrative Record part 12, #14 Exhibit Administrative Record part 13, #15 Exhibit Administrative Record part 14, #16 Exhibit Administrative Record part 15, #17 Exhibit Administrative Record part 16, #18 Exhibit Administrative Record part 17, #19 Exhibit Administrative Record part 18, #20 Exhibit Administrative Record part 19, #21 Exhibit Administrative Record part 20, #22 Exhibit Administrative Record part 21, #23 Exhibit Administrative Record part 22, #24 Exhibit Administrative Record part 23, #25 Exhibit Administrative Record part 24)(McElvain, Joel)
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Filing 29
NOTICE of Attorney Appearance by Joel Lunsford McElvain on behalf of All Defendants (McElvain, Joel)
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Filing 28
REPLY to Response to Motion re #22 MOTION to Change Venue /Transfer filed by Janet Yellen, Kiran Ahuja, Martin J. Walsh, Office of Personnel Management, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of the Treasury, Xavier Becerra. (Deffebach, Anna)
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Filing 27
MOTION for Summary Judgment and Memorandum in Support Thereof by Lifenet, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(Shepard, Steven)
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Filing 26
RESPONSE in Opposition re #22 MOTION to Change Venue /Transfer filed by Lifenet, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order)(Shepard, Steven)
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Filing 25
ORDER granting in part #19 Motion to Expedite. The Court therefore ORDERS that LifeNet may file its motion for summary judgment at any time following this Order. Signed by District Judge Jeremy D. Kernodle on 5/13/2022. (gsg)
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Filing 24
REPLY to Response to Motion re #19 MOTION to Expedite Summary Judgment Briefing Schedule filed by Lifenet, Inc.. (Attachments: #1 Exhibit 6)(Shackelford, Stephen)
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Filing 23
RESPONSE in Opposition re #19 MOTION to Expedite Summary Judgment Briefing Schedule filed by Janet Yellen, Kiran Ahuja, Martin J. Walsh, Office of Personnel Management, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of the Treasury, Xavier Becerra. (Attachments: #1 Text of Proposed Order)(Deffebach, Anna) (Additional attachment(s) added on 5/19/2022: #2 Corrected Proposed Order) (gsm, ).
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Filing 22
MOTION to Change Venue /Transfer by Janet Yellen, Kiran Ahuja, Martin J. Walsh, Office of Personnel Management, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of the Treasury, Xavier Becerra. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Text of Proposed Order)(Deffebach, Anna) (Additional attachment(s) added on 5/19/2022: #4 Corrected Proposed Order) (gsm, ).
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Filing 21
ORDER TO RESPOND re #19 MOTION to Expedite Summary Judgment Briefing Schedule filed by Lifenet, Inc. The Court hereby ORDERS Defendants to file a response to the motion for expedited summary judgment briefing, if any, by May 12, 2022. Signed by District Judge Jeremy D. Kernodle on 5/11/2022. (gsg)
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Filing 20
***FILED IN ERROR. DISREGARD AND SEE ENTRY #21 FOR CORRECTED FILING.*** ORDER granting #19 Plaintiff's Opposed Motion for Expedited Summary Judgment Briefing. Defendants are ordered to file a response to the motion, if any, by 5/12/2022. Signed by District Judge Jeremy D. Kernodle on 5/11/2022. (esw) Modified on 5/12/2022 (gsg).
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Filing 19
MOTION to Expedite Summary Judgment Briefing Schedule by Lifenet, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(Shackelford, Stephen) (Additional attachment(s) added on 5/11/2022: #5 Corrected Proposed Order) (gsg, ). Modified on 5/12/2022 (gsg).
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Filing 18
AFFIDAVIT of Service for Original Complaint for Declaratory and Injunctive Relief; 8 Summonses in a Civil Action and Plaintiff's Rule 7.1 Corporate Disclosure Statement served on Merrick B. Garland, Attorney General of the U.S. on May 9, 2022, filed by Lifenet, Inc.. (Shepard, Steven)
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Filing 17
AFFIDAVIT of Service for Original Complaint for Declaratory and Injunctive Relief; 8 Summonses in a Civil Action and Plaintiff's Rule 7.1 Corporate Disclosure Statement served on U.S. Attorney's Office for the Eastern District of Texas on May 6, 2022, filed by Lifenet, Inc.. (Shepard, Steven)
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Filing 16
SUMMONS Returned Executed by Lifenet, Inc.. Office of Personnel Management served on 5/6/2022, answer due 5/27/2022. (Shepard, Steven)
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Filing 15
SUMMONS Returned Executed by Lifenet, Inc.. Kiran Ahuja served on 5/6/2022, answer due 5/27/2022. (Shepard, Steven)
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Filing 14
NOTICE of Attorney Appearance - Pro Hac Vice by Max I Straus on behalf of Lifenet, Inc.. Filing fee $ 100, receipt number 0540-8905831. (Straus, Max) (Additional attachment(s) added on 5/11/2022: #1 Sealed Attachment) (nkl, ).
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Filing 13
NOTICE of Attorney Appearance - Pro Hac Vice by Anna L Deffebach on behalf of Janet Yellen, Kiran Ahuja, Martin J. Walsh, Office of Personnel Management, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of the Treasury, Xavier Becerra. (nkl, )
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Filing 12
SUMMONS Returned Executed by Lifenet, Inc.. Xavier Becerra served on 5/3/2022, answer due 5/24/2022. (Shepard, Steven)
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Filing 11
SUMMONS Returned Executed by Lifenet, Inc.. U.S. Department of the Treasury served on 4/29/2022, answer due 5/20/2022. (Shepard, Steven)
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Filing 10
SUMMONS Returned Executed by Lifenet, Inc.. Janet Yellen served on 4/29/2022, answer due 5/20/2022. (Shepard, Steven)
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Filing 9
SUMMONS Returned Executed by Lifenet, Inc.. U.S. Department of Labor served on 4/29/2022, answer due 5/20/2022. (Shepard, Steven)
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Filing 8
SUMMONS Returned Executed by Lifenet, Inc.. Martin J. Walsh served on 4/29/2022, answer due 5/20/2022. (Shepard, Steven)
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Filing 7
SUMMONS Returned Executed by Lifenet, Inc.. U.S. Department of Health and Human Services served on 4/29/2022, answer due 5/20/2022. (Shepard, Steven)
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Filing 6
ORDER REASSIGNING CASE. Case reassigned to District Judge Jeremy D. Kernodle for all further proceedings. District Judge J. Campbell Barker no longer assigned to case. Signed by District Judge J. Campbell Barker on 5/5/2022. (wea, )
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Filing 5
NOTICE of Attorney Appearance - Pro Hac Vice by James Craig Smyser on behalf of All Plaintiffs. Filing fee $ 100, receipt number 0540-8898637. (Smyser, James) (Additional attachment(s) added on 5/2/2022: #1 Sealed Attachment) (nkl, ).
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Filing 4
NOTICE of Attorney Appearance - Pro Hac Vice by Steven M. Shepard on behalf of Lifenet, Inc.. Filing fee $ 100, receipt number 0540-8894789. (Shepard, Steven) (Additional attachment(s) added on 4/29/2022: #1 Sealed Attachment) (nkl, ).
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Filing 3
SUMMONS Issued as to Janet Yellen, Kiran Ahuja, Martin J. Walsh, Office of Personnel Management, U.S. Department of Health and Human Services, U.S. Department of Labor, U.S. Department of the Treasury, Xavier Becerra. (Attachments: #1 Summons(es), #2 Summons(es), #3 Summons(es), #4 Summons(es), #5 Summons(es), #6 Summons(es), #7 Summons(es))(ndc)
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District Judge J. Campbell Barker added. (wea, )
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MINUTE ORDER adopting in this case Judge Barker's standing orders, which may be obtained from his page on the court's website and may be updated without separate docket entry. All parties and counsel are ordered to stay abreast of the current standing orders and to comply with those orders and with the court's local rules. Noncompliance with those standing orders or local rules may result in a sanction or other disadvantage. (wea, )
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Filing 2
CORPORATE DISCLOSURE STATEMENT filed by Lifenet, Inc. (Shackelford, Stephen)
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Filing 1
COMPLAINT (Original Complaint for Declaratory and Injunctive Relief) against All Defendants ( Filing fee $ 402 receipt number 0540-8893405.), filed by Lifenet, Inc.. (Attachments: #1 Civil Cover Sheet)(Shackelford, Stephen)
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