Deanda v. Becerra et al
| Alexander R. Deanda |
| United States of America, Alex M. Azar II, Diane Foley, Xavier Becerra and Jessica Swafford Marcella |
| 2:2020cv00092 |
| April 10, 2020 |
| US District Court for the Northern District of Texas |
| Amarillo Office |
| Matthew J Kacsmaryk |
| Civil Rights: Other Civil Rights |
| 42 U.S.C. § 1981 Civil Rights |
| None |
Docket Report
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This docket was last retrieved on December 15, 2022. A more recent docket listing may be available from PACER.
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Filing 65
NOTICE of Plaintiff's Proposed Final Judgment filed by Alexander R. Deanda (Attachments: #1 Proposed Order) (Mitchell, Jonathan)
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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)
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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)
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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)
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Filing 61
REPLY filed by Alexander R. Deanda re: #52 Cross MOTION for Summary Judgment and Response, #50 MOTION for Summary Judgment (Mitchell, Jonathan)
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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)
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Filing 59
Unopposed MOTION to Extend Time of deadline to file reply briefs filed by Alexander R. Deanda (Attachments: #1 Proposed Order) (Mitchell, Jonathan)
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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)
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Filing 57
MOTION to Withdraw as Attorney filed by Alexander R. Deanda (Yarbrough, Alex)
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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)
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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).
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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).
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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)
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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).
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Filing 51
Brief/Memorandum in Support filed by Alexander R. Deanda re #50 MOTION for Summary Judgment (Attachments: #1 Exhibit(s)) (Mitchell, Jonathan)
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Filing 50
MOTION for Summary Judgment filed by Alexander R. Deanda (Attachments: #1 Proposed Order) (Mitchell, Jonathan)
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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)
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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).
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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)
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Filing 46
NOTICE of Decision Not to File a Renewed Motion for Class Certification filed by Alexander R. Deanda (Mitchell, Jonathan)
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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).
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Filing 44
NOTICE of Supplemental Authority filed by Xavier Becerra, Jessica Swafford Marcella, United States of America (Attachments: #1 Final Rule) (Richer, Amber)
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Hearing/Deadline Modification: Deadlines/hearings terminated per #43 . (nhp)
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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)
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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).
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Filing 41
REPLY filed by Alexander R. Deanda re: #32 MOTION to Certify Class (Mitchell, Jonathan)
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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)
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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)
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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)
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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)
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Filing 36
RESPONSE filed by Xavier Becerra, Diane Foley, Jessica Swafford Marcella, United States of America re: #32 MOTION to Certify Class (Richer, Amber)
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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).
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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)
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Filing 33
Brief/Memorandum in Support filed by Alexander R. Deanda re #32 MOTION to Certify Class (Attachments: #1 Proposed Order) (Mitchell, Jonathan)
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Filing 32
MOTION to Certify Class filed by Alexander R. Deanda with Brief/Memorandum in Support. (Mitchell, Jonathan)
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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)
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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).
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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)
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Filing 28
MOTION to Set Briefing Schedule and Modify Scheduling Order filed by Alexander R. Deanda (Attachments: #1 Proposed Order) (Mitchell, Jonathan)
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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)
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Filing 26
MOTION for Summary Judgment filed by Alex M. Azar II, Diane Foley, United States of America (Richer, Amber)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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).
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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)
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Filing 12
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Alex M. Azar II, Diane Foley, United States of America. (Richer, Amber)
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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)
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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)
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Filing 9
CERTIFICATE OF SERVICE by Alexander R. Deanda on DHH through General Counsel (Fillmore, H)
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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)
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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)
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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)
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Filing 5
SUMMONS Returned Executed as to All Defendants. (Fillmore, H)
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Filing 4
Summons issued as to All Defendants, U.S. Attorney, and U.S. Attorney General. (daa)
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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)
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Alexander R. Deanda. (Mitchell, Jonathan)
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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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