Deanda v. Becerra et al
Plaintiff: Alexander R. Deanda
Defendant: United States of America, Alex M. Azar II, Diane Foley, Xavier Becerra and Jessica Swafford Marcella
Case Number: 2:2020cv00092
Filed: April 10, 2020
Court: US District Court for the Northern District of Texas
Office: Amarillo Office
Presiding Judge: Matthew J Kacsmaryk
Nature of Suit: Civil Rights: Other Civil Rights
Cause of Action: 42 U.S.C. ยง 1981 Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 15, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 15, 2022 Opinion or Order Filing 65 NOTICE of Plaintiff's Proposed Final Judgment filed by Alexander R. Deanda (Attachments: #1 Proposed Order) (Mitchell, Jonathan)
December 15, 2022 Opinion or Order Filing 64 NOTICE of Defendants' Proposed Judgment re: #63 Memorandum Opinion and Order, filed by Xavier Becerra, Jessica Swafford Marcella, United States of America (Attachments: #1 Text of Proposed Judgment, #2 Certificate of Service) (Richer, Amber)
December 8, 2022 Opinion or Order Filing 63 OPINION AND ORDER granting #50 Motion for Summary Judgment filed by Alexander R. Deanda; denying #52 Cross Motion for Summary Judgment filed by Jessica Swafford Marcella, Xavier Becerra, United States of America. (Ordered by Judge Matthew J. Kacsmaryk on 12/8/2022) (daa)
October 28, 2022 Opinion or Order Filing 62 REPLY filed by Xavier Becerra, Jessica Swafford Marcella, United States of America re: #52 Cross MOTION for Summary Judgment and Response (Richer, Amber)
September 30, 2022 Opinion or Order Filing 61 REPLY filed by Alexander R. Deanda re: #52 Cross MOTION for Summary Judgment and Response, #50 MOTION for Summary Judgment (Mitchell, Jonathan)
September 13, 2022 Opinion or Order Filing 60 ORDER granting #59 Plaintiff's Unopposed Motion to Extend Deadlines for Reply Briefs. Plaintiff shall file his reply brief in support of his motion for summary judgment and response to Defendant's cross-motion for summary judgment on or before September 30, 2022. Defendants shall file their reply brief in support of their cross-motion for summary judgement on or before October 28, 2022. (Ordered by Judge Matthew J. Kacsmaryk on 9/13/2022) (daa)
September 9, 2022 Opinion or Order Filing 59 Unopposed MOTION to Extend Time of deadline to file reply briefs filed by Alexander R. Deanda (Attachments: #1 Proposed Order) (Mitchell, Jonathan)
August 31, 2022 Opinion or Order Filing 58 ORDER granting #57 Motion to Withdraw as Attorney. Attorney Alex Lee Yarbrough terminated (Ordered by Judge Matthew J. Kacsmaryk on 8/31/2022) (nht)
August 31, 2022 Opinion or Order Filing 57 MOTION to Withdraw as Attorney filed by Alexander R. Deanda (Yarbrough, Alex)
August 31, 2022 Opinion or Order Filing 56 NOTICE of Attorney Appearance by W Heath Hendricks on behalf of Alexander R. Deanda. (Filer confirms contact info in ECF is current.) (Hendricks, W)
August 19, 2022 Opinion or Order Filing 55 ** Duplicate Entry ** See ECF #53 . Brief/Memorandum in Support filed by Xavier Becerra, Jessica Swafford Marcella, United States of America re #50 MOTION for Summary Judgment , #54 Response/Objection Consolidated Brief in Support of Defendants' Cross Motion for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment (Richer, Amber) Duplicate entry confirmed by AUSA on 8/22/2022 (daa).
August 19, 2022 Opinion or Order Filing 54 ** Duplicate Entry ** See ECF #52 . RESPONSE filed by Xavier Becerra, Jessica Swafford Marcella, United States of America re: #50 MOTION for Summary Judgment (Attachments: #1 Proposed Order) (Richer, Amber) Duplicate entry confirmed by AUSA on 8/22/2022 (daa).
August 19, 2022 Opinion or Order Filing 53 Brief/Memorandum in Support filed by Xavier Becerra, Jessica Swafford Marcella, United States of America re #52 Cross MOTION for Summary Judgment and Response (Richer, Amber)
August 19, 2022 Opinion or Order Filing 52 CROSS MOTION for Summary Judgment and Response filed by Xavier Becerra, Jessica Swafford Marcella, United States of America (Attachments: #1 Proposed Order) (Richer, Amber) Modified title on 8/22/2022 (daa).
July 25, 2022 Opinion or Order Filing 51 Brief/Memorandum in Support filed by Alexander R. Deanda re #50 MOTION for Summary Judgment (Attachments: #1 Exhibit(s)) (Mitchell, Jonathan)
July 25, 2022 Opinion or Order Filing 50 MOTION for Summary Judgment filed by Alexander R. Deanda (Attachments: #1 Proposed Order) (Mitchell, Jonathan)
July 5, 2022 Opinion or Order Filing 49 ORDER, re: #48 Joint Status Report and Motion to Set Briefing Schedule. See Order for deadlines. (Ordered by Judge Matthew J. Kacsmaryk on 7/5/2022) (daa)
June 29, 2022 Opinion or Order Filing 48 JOINT Status Report and MOTION to Set Briefing Schedule filed by Alexander R. Deanda. (Attachments: #1 Proposed Order) (Mitchell, Jonathan) Added event; modified title on 6/30/2022 (daa).
June 21, 2022 Opinion or Order Filing 47 ORDER: The Court ORDERS parties to file a joint status report, detailing any further necessary proceedings in this case, on or before Wednesday, June 29, 2022. (Ordered by Judge Matthew J. Kacsmaryk on 6/21/2022) (daa)
March 15, 2022 Opinion or Order Filing 46 NOTICE of Decision Not to File a Renewed Motion for Class Certification filed by Alexander R. Deanda (Mitchell, Jonathan)
February 15, 2022 Opinion or Order Filing 45 ORDER: The Court Orders Plaintiffs Motion to Certify Class is DENIED WITHOUT PREJUDICE; The pending motions for summary judgment (ECF Nos. 26, 30) are MOOT; Plaintiff and Defendants may refile their respective motion for summary judgement in the event the case proceeds under a narrower class in the future; and Plaintiff may file an amended Motion to Certify Class on or before Tuesday, March 15, 2022, at 5:00 p.m. (CST), should he choose to do so. Motions terminated: #30 MOTION for Summary Judgment and Response to Defendant's Motion for Summary Judgment filed by Alexander R. Deanda, #26 MOTION for Summary Judgment filed by Diane Foley, Alex M. Azar II, United States of America. (Ordered by Judge Matthew J. Kacsmaryk on 2/15/2022) (vls) (Main Document 45 replaced on 2/15/2022) (vls).
October 20, 2021 Opinion or Order Filing 44 NOTICE of Supplemental Authority filed by Xavier Becerra, Jessica Swafford Marcella, United States of America (Attachments: #1 Final Rule) (Richer, Amber)
October 19, 2021 Opinion or Order Hearing/Deadline Modification: Deadlines/hearings terminated per #43 . (nhp)
September 28, 2021 Opinion or Order Filing 43 ORDER granting #42 Joint Motion to Continue All Pretrial and Trial Deadlines Pending Resolution of Dispositive Motions. (Ordered by Judge Matthew J. Kacsmaryk on 9/28/2021) (daa)
September 27, 2021 Opinion or Order Filing 42 Joint MOTION to Continue All Pretrial and Trial Deadlines Pending Resolution of Dispositive Motions filed by Alexander R. Deanda (Mitchell, Jonathan) Modified title on 9/28/2021 (daa).
September 13, 2021 Opinion or Order Filing 41 REPLY filed by Alexander R. Deanda re: #32 MOTION to Certify Class (Mitchell, Jonathan)
September 10, 2021 Opinion or Order Filing 40 REPLY filed by Alexander R. Deanda re: #30 MOTION for Summary Judgment and Response to Defendant's Motion for Summary Judgment (Mitchell, Jonathan)
August 23, 2021 Opinion or Order Filing 39 ORDER granting #38 Plaintiff's Unopposed Motion to Extend Deadlines for Reply Briefs. Plaintiff shall file a reply brief in support of Plaintiff's cross-motion for summary judgment on or before September 10, 2021. Plaintiff shall file a reply brief in support of Plaintiff's motion for class certification on or before September 13, 2021. (Ordered by Judge Matthew J. Kacsmaryk on 8/23/2021) (daa)
August 20, 2021 Opinion or Order Filing 38 MOTION for Extension of Time to File Response/Reply to #36 Response/Objection, #37 Brief/Memorandum in Support of Motion, #34 Response/Objection, #35 Brief/Memorandum in Support of Motion, filed by Alexander R. Deanda (Attachments: #1 Proposed Order) (Mitchell, Jonathan)
August 16, 2021 Opinion or Order Filing 37 Brief/Memorandum in Support filed by Xavier Becerra, Diane Foley, Jessica Swafford Marcella, United States of America re #36 Response/Objection Brief in Opposition to Motion for Class Certification (Richer, Amber)
August 16, 2021 Opinion or Order Filing 36 RESPONSE filed by Xavier Becerra, Diane Foley, Jessica Swafford Marcella, United States of America re: #32 MOTION to Certify Class (Richer, Amber)
August 13, 2021 Opinion or Order Filing 35 COMBINED REPLY in Support and RESPONSE in Opposition filed by Xavier Becerra, Diane Foley, Jessica Swafford Marcella, United States of America re #34 Response #26 Motion for Summary Judgment #30 Cross-Motion for Summary Judgment (Richer, Amber) Modified title on 8/16/2021 (daa).
August 13, 2021 Opinion or Order Filing 34 RESPONSE filed by Xavier Becerra, Diane Foley, Jessica Swafford Marcella, United States of America re: #30 MOTION for Summary Judgment and Response to Defendant's Motion for Summary Judgment (Richer, Amber)
July 26, 2021 Opinion or Order Filing 33 Brief/Memorandum in Support filed by Alexander R. Deanda re #32 MOTION to Certify Class (Attachments: #1 Proposed Order) (Mitchell, Jonathan)
July 26, 2021 Opinion or Order Filing 32 MOTION to Certify Class filed by Alexander R. Deanda with Brief/Memorandum in Support. (Mitchell, Jonathan)
July 24, 2021 Opinion or Order Filing 31 Appendix in Support filed by Alexander R. Deanda re #30 MOTION for Summary Judgment and Response to Defendant's Motion for Summary Judgment (Declaration of Alexander R. Deanda) (Mitchell, Jonathan)
July 23, 2021 Opinion or Order Filing 30 CROSS-MOTION for Summary Judgment and RESPONSE to Defendant's Motion for Summary Judgment filed by Alexander R. Deanda with Brief/Memorandum in Support. (Mitchell, Jonathan) Modified title on 7/26/2021 (daa).
July 7, 2021 Opinion or Order Filing 29 ORDER granting #28 Joint Motion to Set Briefing Schedule and Modify Scheduling Order. (Ordered by Judge Matthew J. Kacsmaryk on 7/7/2021) (daa)
July 5, 2021 Opinion or Order Filing 28 MOTION to Set Briefing Schedule and Modify Scheduling Order filed by Alexander R. Deanda (Attachments: #1 Proposed Order) (Mitchell, Jonathan)
July 2, 2021 Opinion or Order Filing 27 Brief/Memorandum in Support filed by Alex M. Azar II, Diane Foley, United States of America re #26 MOTION for Summary Judgment (Richer, Amber)
July 2, 2021 Opinion or Order Filing 26 MOTION for Summary Judgment filed by Alex M. Azar II, Diane Foley, United States of America (Richer, Amber)
November 18, 2020 Opinion or Order Filing 25 SCHEDULING ORDER: Joinder of Parties due by 1/16/2021. Amended Pleadings due by 1/16/2021. Discovery due by 6/5/2021. Motions due by 7/5/2021. Deadline for mediation is on or before 5/6/2021. Pretrial Order due by 9/28/2021. Jury Trial set for 11/2/2021 09:00 AM in US Courthouse, Courtroom 1st Floor, 205 S. E. 5th Ave., Amarillo, TX 79101-1559 before Judge Matthew J. Kacsmaryk. Pretrial Conference set for 10/27/2021 01:30 PM in US Courthouse, Courtroom 1st Floor, 205 S. E. 5th Ave., Amarillo, TX 79101-1559 before Judge Matthew J. Kacsmaryk. (Ordered by Judge Matthew J. Kacsmaryk on 11/18/2020) (daa)
October 8, 2020 Opinion or Order Filing 24 ANSWER to #1 Complaint,,,, filed by Alex M. Azar II, Diane Foley, United States of America. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Richer, Amber)
September 24, 2020 Opinion or Order Filing 23 ORDER - The Court therefore DENIES Defendants' motion to dismiss the Complaint (ECF No. 1) under Rule 12(b)(l) of the Federal Rules of Civil Procedure. The Court also concludes Plaintiff has pleaded plausible statutory and constitutional claims. The Court therefore DENIES Defendants' motion to dismiss the Complaint (ECF No. 1) under Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Ordered by Judge Matthew J. Kacsmaryk on 9/24/2020) (vls)
September 15, 2020 Opinion or Order Filing 22 NOTICE of Change of Address for Attorney H Dustin Fillmore, III on behalf of Alexander R. Deanda. (Filer confirms contact info in ECF is current.) (Fillmore, H)
August 28, 2020 Opinion or Order Filing 21 ELECTRONIC Minute Entry for proceedings held before Judge Matthew J. Kacsmaryk: VTC/Telephone Conference held on 8/28/2020. Written Order to follow. Attorney Appearances: Plaintiff - Jonathan F Mitchell; Defense - Amber Justine Richer. (Court Reporter: Stacy Morrison) (No exhibits) Time in Court - 2:47. (vls)
August 18, 2020 Opinion or Order Filing 20 ORDER: The Court invokes its authority under Local Rule 83.1 and sua sponte applies the precautionary principle to ORDER that the hearing be rescheduled to start over videoconference on Friday, August 28, 2020 at 2:00 p.m. CDT. re: #19 MOTION to hold hearing scheduled for August 24, 2020, over video or teleconference (Ordered by Judge Matthew J. Kacsmaryk on 8/18/2020) (vls)
August 17, 2020 Opinion or Order Filing 19 MOTION to hold hearing scheduled for August 24, 2020, over video or teleconference filed by Alexander R. Deanda (Attachments: #1 Declaration(s), #2 Declaration(s), #3 Declaration(s)) (Mitchell, Jonathan)
August 11, 2020 Opinion or Order Filing 18 ORDER granting #17 Application for Admission Pro Hac Vice of Douglas Bryan Hughes. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 8/11/2020) (daa)
August 10, 2020 Opinion or Order Filing 17 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11063515) filed by Alexander R. Deanda (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Proposed Order)Attorney Douglas Bryan Hughes added to party Alexander R. Deanda(pty:pla) (Hughes, Douglas)
August 6, 2020 Opinion or Order Filing 16 ORDER SETTING HEARING ON MATTERS OF JURISDICTION - The Court hereby ORDERS that the parties appear, in person, at the hearing on August 24, 2020 at 10:00 a.m. (CDT) at the J. Marvin Jones Federal Building and Mary Lou Robinson Courthouse, First Floor Courtroom, 205 S.E. 5th Ave, Amarillo, Texas. (Ordered by Judge Matthew J. Kacsmaryk on 8/6/2020) (vls)
July 24, 2020 Opinion or Order Filing 15 REPLY filed by Alex M. Azar II, Diane Foley, United States of America re: #10 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Richer, Amber)
July 13, 2020 Opinion or Order Filing 14 AMENDED RESPONSE filed by Alexander R. Deanda re: #10 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Mitchell, Jonathan) Modified title on 7/13/2020 (nhp).
July 10, 2020 Opinion or Order Filing 13 RESPONSE filed by Alexander R. Deanda re: #10 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Mitchell, Jonathan)
June 19, 2020 Opinion or Order Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Alex M. Azar II, Diane Foley, United States of America. (Richer, Amber)
June 19, 2020 Opinion or Order Filing 11 Brief/Memorandum in Support filed by Alex M. Azar II, Diane Foley, United States of America re #10 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Richer, Amber)
June 19, 2020 Opinion or Order Filing 10 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Alex M. Azar II, Diane Foley, United States of America (Richer, Amber)
June 16, 2020 Opinion or Order Filing 9 CERTIFICATE OF SERVICE by Alexander R. Deanda on DHH through General Counsel (Fillmore, H)
June 11, 2020 Opinion or Order Filing 8 ORDER granting #7 Defendants' Unopposed Motion for Extension of Time. The Court GRANTS Defendants' request for an extension to file a pleading responsive to the Complaint but only extends the deadline five calendar days. The new filing deadline is Saturday, June 20, 2020. (Ordered by Judge Matthew J. Kacsmaryk on 6/11/2020) (daa)
June 10, 2020 Opinion or Order Filing 7 Unopposed MOTION to Extend Time to answer or otherwise respond to the Complaint filed by Alex M. Azar II, Diane Foley, United States of America (Richer, Amber)
June 10, 2020 Opinion or Order Filing 6 NOTICE of Attorney Appearance by Amber Justine Richer on behalf of Alex M. Azar II, Diane Foley, United States of America. (Filer confirms contact info in ECF is current.) (Richer, Amber)
April 28, 2020 Opinion or Order Filing 5 SUMMONS Returned Executed as to All Defendants. (Fillmore, H)
April 10, 2020 Opinion or Order Filing 4 Summons issued as to All Defendants, U.S. Attorney, and U.S. Attorney General. (daa)
April 10, 2020 Opinion or Order Filing 3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Reno). Clerk to provide copy to plaintiff if not received electronically. (daa)
April 10, 2020 Opinion or Order Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Alexander R. Deanda. (Mitchell, Jonathan)
April 10, 2020 Opinion or Order Filing 1 COMPLAINT against All Defendants filed by Alexander R. Deanda. (Filing fee $400; Receipt number 0539-10761023) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Cover Sheet) (Mitchell, Jonathan)

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Search for this case: Deanda v. Becerra et al
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Defendant: United States of America
Represented By: Amber Justine Richer
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Defendant: Alex M. Azar II
Represented By: Amber Justine Richer
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Defendant: Diane Foley
Represented By: Amber Justine Richer
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Defendant: Xavier Becerra
Represented By: Amber Justine Richer
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Defendant: Jessica Swafford Marcella
Represented By: Amber Justine Richer
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Plaintiff: Alexander R. Deanda
Represented By: Jonathan F Mitchell
Represented By: Alex Lee Yarbrough
Represented By: Charles W Fillmore
Represented By: Douglas Bryan Hughes
Represented By: H Dustin Fillmore, III
Represented By: W Heath Hendricks
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