State of Texas et al v. Becerra et al
| State of Texas and Texas Health and Human Services Commission (HHSC) |
| XAVIER BECERRA,, United States Department of Health and Human Services, CHIQUITA BROOKS-LASURE, MEENA SESHAMANI, DANIEL TSAI, THE CENTERS FOR MEDICARE & MEDICAID SERVICES, Joseph R. Biden, in his official capacity as President of the United States of America, UNITED STATES OF AMERICA;, Xavier Becerra, Joseph R Biden and United States of America |
| Representative Chip Roy |
| Representative Michael Burgess, Representative Dan Crenshaw, Representative Jake Ellzey, Representative Pat Fallon, Representative Louie Gohmert, Representative Ronnie L. Jackson, Representative August Pfluger, Pete Sessions, Representative Roger Williams, Representative Beth VanDuyne, Representative Kevin Brady, Representative Jodey Arrington and Texas Conservative Coalition |
| 2:2021cv00229 |
| November 15, 2021 |
| US District Court for the Northern District of Texas |
| Matthew J Kacsmaryk |
| Other Statutes: Administrative Procedure Act/Review or Appeal of Agency Decision |
| 42 U.S.C. § 1395 |
| None |
Docket Report
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This docket was last retrieved on January 6, 2022. A more recent docket listing may be available from PACER.
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Filing 58
NOTICE of Withdrawal of Counsel Christina Cella filed by State of Texas (Morales, Cynthia)
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Filing 57
RESPONSE filed by State of Texas, Texas Health and Human Services Commission (HHSC) re: #56 MOTION to Stay Further Proceedings (Wade, Landon)
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Filing 56
MOTION to Stay Further Proceedings filed by Xavier Becerra, Joseph R Biden, Chiquita Brooks-LaSure, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Kossak, Jonathan)
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Filing 55
ORDER: The Clerk of Court is directed to lift the stay and re-open thiscase for further proceedings. (See order for further specifics.) (Ordered by Judge Matthew J. Kacsmaryk on 12/28/2021) (awc)
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Filing 54
SUMMONS Returned Executed as to United States Department of Health and Human Services ; served on 12/13/2021. (White, Jeffrey)
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Filing 53
Memorandum Opinion and Order (Ordered by Judge Matthew J. Kacsmaryk on 12/15/2021) (vls)
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Filing 52
ELECTRONIC Minute Entry for proceedings held before Judge Matthew J. Kacsmaryk: Telephone Conference held on 12/15/2021. Written Order to follow. Attorney Appearances: Plaintiff - Cynthia Morales/Landon Wade; Defense - Jonathan D Kossak. (Court Reporter: Stacy Morrison) (No exhibits) Time in Court - :30. (vls)
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Filing 51
ORDER: The Court ORDERS both parties to appear for an emergency telephonic hearing to adjudicate Plaintiffs' Motion for Preliminary Injunction on December 15, 2021 at 3:00 PM CST. The parties should be prepared to discuss the Fifth Circuits order in Louisiana v. Becerra (Ordered by Judge Matthew J. Kacsmaryk on 12/15/2021) (vls)
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Filing 50
NOTICE of New Authorities filed by Xavier Becerra, Joseph R Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America (Attachments: #1 Exhibit(s) A) (Kossak, Jonathan)
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Filing 49
NOTICE of Fifth Circuit Stay Order filed by State of Texas, Texas Health and Human Services Commission (HHSC) (Attachments: #1 Exhibit(s) Fifth Circuit Stay Order) (Klusmann, Beth)
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Filing 48
ORDER granting #45 Application for Admission Pro Hac Vice of Russell Henry Withers. 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 12/9/2021) (daa)
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Filing 47
AMICUS CURIAE Brief/Memorandum in Support filed by Texas Conservative Coalition re #1 Complaint. (nhp)
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Filing 46
ORDER granting #44 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Matthew J. Kacsmaryk on 12/8/2021) (nhp)
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Filing 45
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12441289) filed by Texas Conservative Coalition (Attachments: #1 Texas Bar Good Standing, #2 Texas Supreme Court Good Standing) (Withers, Russell)
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Filing 44
MOTION for Leave to File Amicus Brief filed by Texas Conservative Coalition with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s))Attorney Russell Henry Withers added to party Texas Conservative Coalition(pty:am) (Withers, Russell)
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Filing 43
ORDER - The Court GRANTS the #35 Motion to Stay and ORDERS that the proceedings in this case be stayed pursuant to the conditions precedent set forth in this Order. (See Order for Specifics) (Ordered by Judge Matthew J. Kacsmaryk on 12/3/2021) (vls) (Main Document 43 replaced on 12/9/2021) (awc).
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Filing 41
NOTICE of Publications filed by Xavier Becerra, Joseph R. Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America (Kossak, Jonathan)
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Filing 40
ELECTRONIC ORDER: Defendants are ORDERED to file through counsel a notice to the Court outlining the actions Defendants have taken and intend to take to communicate to the affected providers and suppliers and to the general public of the preclusive effect on the CMS Vaccine Mandate of the Western District of Louisiana's preliminary injunction. Defendants shall file the notice on or before Friday, December 3, 2021, at 5:00 p.m. CST. (Ordered by Judge Matthew J. Kacsmaryk on 12/3/2021) (nhp)
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Filing 42
ELECTRONIC Minute Entry for proceedings held before Judge Matthew J. Kacsmaryk: Preliminary Injunction Hearing held on 12/2/2021. Written Order to Follow. Attorney Appearances: Plaintiff - Cynthia Morales/Landon Wade; Defense - Jonathan D Kossak. (Court Reporter: Stacy Morrison) (Exhibits admitted) Time in Court - 2:00. (vls)
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Filing 39
NOTICE of Fifth Circuit Stay Proceedings filed by State of Texas, Texas Health and Human Services Commission (HHSC) (Attachments: #1 Exhibit(s) Fifth Circuit Stay Motion) (Klusmann, Beth)
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Filing 38
ORDER - The Court DEFERS ruling on the #35 Motion to Stay until after the scheduled hearing on December 2, 2021 at 9:00 AM CST. (Ordered by Judge Matthew J. Kacsmaryk on 12/1/2021) (vls)
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Filing 37
NOTICE of New Authority filed by Xavier Becerra, Joseph R. Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America (Attachments: #1 Exhibit(s) N.D. Fla. Order) (Kossak, Jonathan)
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Filing 36
RESPONSE filed by State of Texas, Texas Health and Human Services Commission (HHSC) re: #35 MOTION to Stay Proceedings (Klusmann, Beth)
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Filing 35
MOTION to Stay Proceedings filed by Xavier Becerra, Joseph R. Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) W.D. La. Mem. Op., #2 Exhibit(s) W.D. La. Order, #3 Proposed Order) (Kossak, Jonathan)
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Filing 34
REPLY filed by State of Texas, Texas Health and Human Services Commission (HHSC) re: #6 MOTION for Temporary Restraining Order and Preliminary Injunction (Klusmann, Beth)
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Filing 33
Notice of Hearing: Preliminary Hearing RESET for 12/2/2021 @ 09:00 AM in US Courthouse, Courtroom 1st Floor, 205 S. E. 5th Ave., Amarillo, TX 79101-1559 before Judge Matthew J. Kacsmaryk. (vls)
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Filing 32
RESPONSE filed by Xavier Becerra, Joseph R. Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America re: #6 MOTION for Temporary Restraining Order and Preliminary Injunction (McElvain, Joel)
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Filing 31
NOTICE of Attorney Appearance by Julie Straus Harris on behalf of Xavier Becerra, Joseph R. Biden, Chiquita Brooks-LaSure, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America. (Filer confirms contact info in ECF is current.) (Straus Harris, Julie)
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Filing 30
Administrative Record Notice of Filing Administrative Record filed by Xavier Becerra, Joseph R. Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America. (Attachments: #1 Exhibit(s) Certification and Index, #2 Exhibit(s) Administrative Record part 1, #3 Exhibit(s) Administrative Record part 2, #4 Exhibit(s) Administrative Record part 3, #5 Exhibit(s) Administrative Record part 4, #6 Exhibit(s) Administrative Record part 5, #7 Exhibit(s) Administrative Record part 6, #8 Exhibit(s) Administrative Record part 7) (McElvain, Joel) Modified text on 11/29/2021 (nhp).
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Filing 29
NOTICE of Attorney Appearance by Michael Drezner on behalf of Xavier Becerra, Joseph R. Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America. (Filer confirms contact info in ECF is current.) (Drezner, Michael)
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Filing 28
ORDER granting #26 Motion for Leave to File. (The requesting party must file the document with the clerk.) (Ordered by Judge Matthew J. Kacsmaryk on 11/24/2021) (nhp)
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Filing 27
ORDER granting #17 Motion ; finding as moot #14 Motion. The Amended Amici Curiae Brief (ECF No. 19) is deemed filed as of November 23, 2021. (Ordered by Judge Matthew J. Kacsmaryk on 11/24/2021) (nhp)
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Filing 26
Unopposed MOTION for Leave to File Response in Excess of Page Limits filed by Xavier Becerra, Joseph R. Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Kossak, Jonathan)
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Filing 25
NOTICE of Attorney Appearance by Jonathan D Kossak on behalf of Xavier Becerra, Joseph R. Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America. (Filer confirms contact info in ECF is current.) (Kossak, Jonathan)
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Filing 24
SUMMONS Returned Executed as to United States of America ; served on 11/18/2021. (White, Jeffrey)
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Filing 23
SUMMONS Returned Executed as to Daniel Tsai ; served on 11/18/2021. (White, Jeffrey)
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Filing 22
SUMMONS Returned Executed as to Meena Seshamani ; served on 11/18/2021. (White, Jeffrey)
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Filing 21
SUMMONS Returned Executed as to The Centers for Medicare & Medicaid Services ; served on 11/18/2021. (White, Jeffrey)
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Filing 20
SUMMONS Returned Executed as to Chiquita Brooks-LaSure ; served on 11/18/2021. (White, Jeffrey)
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Filing 19
Brief/Memorandum in Support filed by Jodey Arrington, Kevin Brady, Michael Burgess, Dan Crenshaw, Jake Ellzey, Pat Fallon, Louie Gohmert, Ronnie L. Jackson, August Pfluger, Chip Roy, Pete Sessions, Beth VanDuyne, Roger Williams re #17 MOTION Motion for Leave to File Amended Unopposed Amicus Brief (Henneke, Robert)
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Filing 18
SUMMONS Returned Executed as to Joseph R. Biden ; served on 11/18/2021. (White, Jeffrey)
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Filing 17
MOTION Motion for Leave to File Amended Unopposed Amicus Brief filed by Kevin Brady, Michael Burgess, Dan Crenshaw, Jake Ellzey, Pat Fallon, Louie Gohmert, Ronnie L. Jackson, August Pfluger, Chip Roy, Pete Sessions, Beth VanDuyne, Roger Williams, Jodey Arrington (Attachments: #1 Proposed Order)Attorney Robert Earl Henneke added to party Jodey Arrington(pty:am) (Henneke, Robert)
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Filing 16
SUMMONS Returned Executed as to Xavier Becerra ; served on 11/18/2021. (White, Jeffrey)
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Filing 15
Brief/Memorandum in Support filed by Michael Brady, Michael Burgess, Dan Crenshaw, Jake Ellzey, Pat Fallon, Louie Gohmert, Ronnie L. Jackson, August Pfluger, Chip Roy, Pete Sessions, Beth VanDuyne, Roger Williams re #14 MOTION Unopposed Motion for Leave to File Amicus Brief (Henneke, Robert)
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Filing 14
Unopposed Motion for Leave to File Amicus Brief filed by Kevin Brady, Michael Burgess, Dan Crenshaw, Jake Ellzey, Pat Fallon, Louie Gohmert, Ronnie L. Jackson, August Pfluger, Chip Roy, Pete Sessions, Roger Williams, Beth VanDuyne with Brief/Memorandum in Support. (Attachments: #1 Proposed Order). (Henneke, Robert) Modified text on 11/23/2021 (rekc).
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Filing 13
ORDER: See Order for Specifics (Ordered by Judge Matthew J. Kacsmaryk on 11/17/2021) (vls)
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Filing 12
CORRECTED STATUS REPORT filed by Xavier Becerra, Joseph R. Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America. (McElvain, Joel) Modified title on 11/18/2021 (daa).
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Filing 11
STATUS REPORT filed by Xavier Becerra, Joseph R. Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America. (Attachments: #1 Proposed Order) (McElvain, Joel)
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Filing 10
NOTICE of Attorney Appearance by Joel McElvain on behalf of Xavier Becerra, Joseph R. Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America. (Filer confirms contact info in ECF is current.) (McElvain, Joel)
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Filing 9
ORDER granting #5 Motion for Leave to File to Exceed Page Limit. (Ordered by Judge Matthew J. Kacsmaryk on 11/17/2021) (awc)
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Filing 8
Appendix in Support filed by State of Texas, Texas Health and Human Services Commission (HHSC) re #7 Brief/Memorandum in Support of Motion (Attachments: #1 Appendix) (Wade, Landon)
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Filing 7
Brief/Memorandum in Support filed by State of Texas, Texas Health and Human Services Commission (HHSC) re #6 MOTION for Temporary Restraining Order and Preliminary Injunction (Wade, Landon)
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Filing 6
MOTION for Temporary Restraining Order and Preliminary Injunction filed by State of Texas, Texas Health and Human Services Commission (HHSC) (Attachments: #1 Proposed Order) (Wade, Landon)
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Filing 5
MOTION for Leave to File to Exceed Page Limit filed by State of Texas, Texas Health and Human Services Commission (HHSC) (Attachments: #1 Proposed Order) (Wade, Landon)
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Filing 4
Summons issued as to All Defendants, U.S. Attorney, and U.S. Attorney General. (awc)
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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. (awc)
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by State of Texas, Texas Health and Human Services Commission (HHSC). (White, Jeffrey)
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Filing 1
COMPLAINT against All Defendants filed by Texas Health and Human Services Commission (HHSC), State of Texas. (Filing fee $402; Receipt number 0539-12387017) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific 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 Cover Sheet) (White, Jeffrey)
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