State of Texas et al v. Becerra, et al
| State of Texas and Lubbock Independent School District |
| XAVIER BECERRA,, United States Department of Health and Human Services, JOOYUEN CHANG, ADMINISTRATION FOR CHILDREN AND FAMILIES, KATIE HAMM, OFFICE OF EARLY CHILDHOOD DEVELOPMENT, BERNADINE FUTRELL, OFFICE OF HEAD START, Joseph R. Biden, Xavier Becerra and Joseph R Biden |
| 5:2021cv00300 |
| December 10, 2021 |
| US District Court for the Northern District of Texas |
| James Wesley Hendrix |
| Other Statutes: Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 31, 2023. A more recent docket listing may be available from PACER.
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Filing 70
FINAL JUDGMENT : For the reasons set out in the Court's Memorandum Opinion and Order on March 31, 2023, it is hereby ordered and adjudged that the plaintiffs' motion for summary judgment (Dkt. No. 54) is granted. The defendants motion to dismiss (Dkt. No. 48) and motion for summary judgment (Dkt. No. 49) are denied. The clerk is directed to close the case. (Ordered by Judge James Wesley Hendrix on 3/31/2023) (bmh)
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Filing 69
MEMORANDUM OPINION AND ORDER: Because LISD and Texas have standing, the Secretary did not have statutory authority to promulgate the Rule, the Rule violates procedural requirements, and the Rule is arbitrary and capricious, the Court grants the plaintiffs' motion for summary judgment (Dkt. No. #54 ). The defendants' motion to dismiss (Dkt. No. #48 ) and motion for summary judgment (Dkt. No. #49 ) are denied. The Court sets aside and vacates the Interim Final Rule. The Court either does not reach or denies all other requested relief. The Court will enter a final judgment, including a seven-day administrative stay, by separate order. (Ordered by Judge James Wesley Hendrix on 3/31/2023) (bmh)
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Filing 68
NOTICE of Final Rule Addressing Masking Requirement filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services (Attachments: #1 Exhibit(s) A) (Edelman, Christopher)
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Filing 67
NOTICE of Supplemental Authority in Support of Their Motion for Summary Judgment filed by State of Texas (Attachments: #1 Judgment Louisiana case, #2 Opinion Louisiana case) (Eldred, Charles) Modified text on 9/23/2022 (bdg).
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Filing 66
RESPONSE filed by Lubbock Independent School District, State of Texas re: #65 Notice (Other), (Eldred, Charles)
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Filing 65
NOTICE of Supplemental Authority filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services (Attachments: #1 Exhibit(s) Supplemental Authority) (Clendenen, Michael)
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Filing 64
REPLY filed by Lubbock Independent School District, State of Texas re: #54 MOTION for Summary Judgment (Hilton, Amy)
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Filing 63
REPLY filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services re: #48 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim, #49 MOTION for Summary Judgment (McMahon, Madeline)
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Filing 62
Appendix in Support filed by Lubbock Independent School District, State of Texas re #61 Brief/Memorandum in Support of Motion (Hilton, Amy)
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Filing 61
Brief/Memorandum in Support filed by Lubbock Independent School District, State of Texas re #60 Response/Objection to Defendants' Motion to Dismiss and Motion for Summary Judgment (Attachments: #1 Prop Order) (Hilton, Amy)
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Filing 60
RESPONSE filed by Lubbock Independent School District, State of Texas re: #48 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim, #49 MOTION for Summary Judgment (Hilton, Amy)
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Filing 59
Brief/Memorandum in Support filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services re #58 Response/Objection, (McMahon, Madeline)
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Filing 58
RESPONSE filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services re: #54 MOTION for Summary Judgment (McMahon, Madeline)
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Filing 57
NOTICE of CORRECTION OF ADMINISTRATIVE RECORD FILED ON DOCKET filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services (Attachments: #1 Additional Page(s)) (Clendenen, Michael)
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Filing 56
ADDITIONAL ATTACHMENTS to #55 Appendix in Support by Plaintiffs Lubbock Independent School District, State of Texas. (Hilton, Amy)
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Filing 55
Appendix in Support filed by Lubbock Independent School District, State of Texas re #54 MOTION for Summary Judgment (Hilton, Amy)
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Filing 54
MOTION for Summary Judgment filed by Lubbock Independent School District, State of Texas with Brief/Memorandum in Support. (Attachments: #1 Brief in Support)Attorney Amy S Hilton added to party State of Texas(pty:pla) (Hilton, Amy)
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Filing 53
ORDER: Before the Court is the Parties' Joint Status Report. Dkt. No. #46 . Because the parties informed the Court that they do not intend to engage in discovery (id. at 1), no discovery deadlines will be set at this time. The Court enters the following briefing schedule in accordance with the parties' request: Dispositive Motions Deadline: 04/13/2022. Response Deadline: 05/04/2022. Reply Deadline: 05/18/2022. (Ordered by Judge James Wesley Hendrix on 3/18/2022) (krr)
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Filing 52
DEFENDANTS' BRIEF RE: #50 Unopposed MOTION for Leave to File Brief in Support. (krr)
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Filing 51
ORDER granting #50 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 James Wesley Hendrix on 3/18/2022) (krr)
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Filing 50
Unopposed MOTION for Leave to File Brief in Support of Motion to Dismiss, or in the Alternative, Motion for Summary Judgment in Excess of Page Limits filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services with Brief/Memorandum in Support. (Attachments: #1 Additional Page(s) Brief) (McMahon, Madeline)
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Filing 49
MOTION for Summary Judgment filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services (McMahon, Madeline)
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Filing 48
MOTION to Dismiss for Lack of Jurisdiction , Motion to Dismiss for Failure to State a Claim() filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services (McMahon, Madeline)
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Filing 47
NOTICE of Filing Supplement to Administrative Record filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services (Attachments: #1 Additional Page(s) Supplemental Certification of Administrative Record Documents, #2 Additional Page(s) Supplemental Administrative Record Document) (Clendenen, Michael)
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Filing 46
Joint STATUS REPORT filed by State of Texas. (Eldred, Charles)
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Filing 45
ORDER: On December 31, 2021, the Court issued a memorandum opinion and order granting the plaintiffs motion for a preliminary injunction. The defendants deadline to appeal the preliminary injunction expired on March 1, 2022. Thus, there will be no appeal of the preliminary injunction, and the case remains in this Court. Defendants answer to the complaint is due no later than March 16, 2022. Dkt. No. 44. Given that the Court received extensive briefing, evidence, and oral argument during the preliminary-injunction proceedings, the Court also orders the parties to file a joint status report no later than March 16, 2022. The parties must inform the Court how they propose to proceed. To the extent the parties disagree, the joint report should explain each sides proposal. Following the answer and joint status report, the Court will issue an appropriate order. (Ordered by Judge James Wesley Hendrix on 3/2/2022) (lkw)
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Filing 44
ORDER: Before the Court is the Defendants Motion for an Extension of Time to Answer or Otherwise Respond to Complaint. Dkt. No. #43 . For the reasons stated in the motion, the Court finds good cause and grants the motion. The defendants shall file a response to the plaintiffs complaint by no later than March 16, 2022. (Ordered by Judge James Wesley Hendrix on 2/10/2022) (krr)
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Filing 43
Motion for Extension of Time to File Answer or Otherwise Respond to Complaint filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services (Clendenen, Michael)
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Filing 42
MEMORANDUM OPINION AND ORDER: The Court grants the plaintiffs motion for a preliminary injunction #6 . The Court orders that defendants are preliminarily enjoined from implementing and enforcing the Interim Final Rule with Comment Period, Vaccine and Mask Requirements to Mitigate the Spread of COVID-19 in Head Start Programs, 86 Fed. Reg. 68,052 (Nov. 30, 2021), in the state of Texas pending a trial on the merits of this action or until further order of this Court. Defendants shall immediately cease all implementation or enforcement of the Interim Final Rule with Comment Period as to any Head Start program within the State of Texas. Because defendants have appeared and the Court conducted a hearing on plaintiffs motion #6 , Federal Rule of Civil Procedure 65(b) no longer applies. See e.g., New England Health Care, Emps. Union, Dist. 1199, SEIU/AFL-CIO v. Rowland, 170 F. Supp. 2d 199, 201 n.2 (D. Conn. 2001) (denying TRO as moot in light of the hearing on the preliminary motion). Therefore, the Court denies #6 plaintiffs request for a temporary restraining order as moot.The Court further orders that no security bond shall be required under Federal Rule of Civil Procedure 65(c). (Ordered by Judge James Wesley Hendrix on 12/31/2021) (egp)
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Filing 41
Notice of Filing of Official Electronic Transcript of Motion Hearing Proceedings held on 12/30/2021 before Judge James Wesley Hendrix. Court Reporter/Transcriber Mechelle Daniel, Telephone number (806) 744-7667. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (95 pages) Redaction Request due 1/21/2022. Redacted Transcript Deadline set for 1/31/2022. Release of Transcript Restriction set for 3/31/2022. (kmd)
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Filing 40
ELECTRONIC Minute Entry for proceedings held before Judge James Wesley Hendrix: Motion Hearing held on 12/30/2021 re #6 Motion for TRO and Motion for Preliminary Injunction filed by State of Texas & Lubbock Independent School District. Arguments from both parties heard by the Court. Court will make ruling no later than January 3, 2022. Attorney Appearances: Plaintiff - Charles Eldred/Amy Wills/Amy Hilton; Defense - Madeline McMahon/Christopher Edelman. (Court Reporter: Mechelle Daniel) (Plfs' Exhibits 1-13 & 15-18 admitted/Plfs' Exhibit 14 not admitted, taken under advisement by the Court - All exhibits returned to party) Time in Court - 2:00. (chmb)
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Filing 39
NOTICE of Plaintiffs' Advisory to the Court filed by Lubbock Independent School District, State of Texas (Attachments: #1 Exhibit(s) Exhibit List, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7, #9 Exhibit(s) 8, #10 Exhibit(s) 9, #11 Exhibit(s) 10, #12 Exhibit(s) 11, #13 Exhibit(s) 12, #14 Exhibit(s) 13, #15 Exhibit(s) 14, #16 Exhibit(s) 15, #17 Exhibit(s) 16, #18 Exhibit(s) 17, #19 Exhibit(s) 18) (Hilton, Amy)
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Filing 38
PLAINTIFF'S REPLY IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION WITH BRIEF AND MEMORANDUM IN SUPPORT filed by Lubbock Independent School District, State of Texas (Hilton, Amy). (Attachments: #1 Appendix: Memorandum in Support) (bmh)
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Filing 37
ELECTRONIC ORDER granting #36 Motion for Leave to File Motion to Exceed page limits. The clerk shall file the brief (Dkt. No. 36-2) as a separate docket entry. (Ordered by Judge James Wesley Hendrix on 12/28/2021) (bmh)
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Filing 36
MOTION for Leave to File Motion to Exceed page limits filed by Lubbock Independent School District, State of Texas with Brief/Memorandum in Support. (Attachments: #1 Plaintiffs reply, #2 Appendix, #3 Proposed Order) (Hilton, Amy)
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Filing 35
Administrative Record consisting of Administrative Record filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. (Attachments: #1 Additional Page(s), #2 Additional Page(s), #3 Additional Page(s), #4 Additional Page(s), #5 Additional Page(s)) (Clendenen, Michael)
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Filing 34
Administrative Record consisting of Administrative Record filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. (Attachments: #1 Additional Page(s), #2 Additional Page(s), #3 Additional Page(s), #4 Additional Page(s), #5 Additional Page(s), #6 Additional Page(s), #7 Additional Page(s), #8 Additional Page(s), #9 Additional Page(s), #10 Additional Page(s), #11 Additional Page(s), #12 Additional Page(s), #13 Additional Page(s), #14 Additional Page(s), #15 Additional Page(s), #16 Additional Page(s), #17 Additional Page(s), #18 Additional Page(s)) (Clendenen, Michael)
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Filing 33
Administrative Record consisting of Administrative Record filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. (Attachments: #1 Additional Page(s), #2 Additional Page(s), #3 Additional Page(s), #4 Additional Page(s), #5 Additional Page(s), #6 Additional Page(s), #7 Additional Page(s), #8 Additional Page(s), #9 Additional Page(s), #10 Additional Page(s), #11 Additional Page(s), #12 Additional Page(s), #13 Additional Page(s), #14 Additional Page(s), #15 Additional Page(s), #16 Additional Page(s), #17 Additional Page(s), #18 Additional Page(s), #19 Additional Page(s)) (Clendenen, Michael)
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Filing 32
Administrative Record consisting of Administrative Record filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. (Attachments: #1 Additional Page(s), #2 Additional Page(s), #3 Additional Page(s), #4 Additional Page(s), #5 Additional Page(s), #6 Additional Page(s), #7 Additional Page(s), #8 Additional Page(s), #9 Additional Page(s), #10 Additional Page(s), #11 Additional Page(s), #12 Additional Page(s), #13 Additional Page(s), #14 Additional Page(s), #15 Additional Page(s), #16 Additional Page(s), #17 Additional Page(s), #18 Additional Page(s), #19 Additional Page(s), #20 Additional Page(s)) (Clendenen, Michael)
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Filing 31
Administrative Record consisting of Administrative Record filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. (Attachments: #1 Additional Page(s)) (Clendenen, Michael)
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Filing 30
Administrative Record consisting of Administrative Record filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. (Attachments: #1 Additional Page(s), #2 Additional Page(s), #3 Additional Page(s), #4 Additional Page(s), #5 Additional Page(s), #6 Additional Page(s), #7 Additional Page(s), #8 Additional Page(s), #9 Additional Page(s), #10 Additional Page(s)) (Clendenen, Michael)
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Filing 29
Administrative Record consisting of Administrative Record filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. (Attachments: #1 Additional Page(s), #2 Additional Page(s), #3 Additional Page(s), #4 Additional Page(s), #5 Additional Page(s), #6 Additional Page(s), #7 Additional Page(s), #8 Additional Page(s), #9 Additional Page(s), #10 Additional Page(s), #11 Additional Page(s), #12 Additional Page(s), #13 Additional Page(s), #14 Additional Page(s), #15 Additional Page(s), #16 Additional Page(s), #17 Additional Page(s), #18 Additional Page(s), #19 Additional Page(s), #20 Additional Page(s)) (Clendenen, Michael)
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Filing 28
Administrative Record consisting of Administrative Record filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. (Attachments: #1 Additional Page(s), #2 Additional Page(s), #3 Additional Page(s), #4 Additional Page(s), #5 Additional Page(s), #6 Additional Page(s), #7 Additional Page(s), #8 Additional Page(s), #9 Additional Page(s), #10 Additional Page(s)) (Clendenen, Michael)
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Filing 27
Administrative Record consisting of Administrative Record Certificate and Index filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. (Attachments: #1 Additional Page(s) 1-50, #2 Additional Page(s) 51-52, #3 Additional Page(s) 53-64, #4 Additional Page(s) 65-85, #5 Additional Page(s) 86-88, #6 Additional Page(s) 89-94, #7 Additional Page(s) 95-98, #8 Additional Page(s) 99-104, #9 Additional Page(s) 105-107, #10 Additional Page(s) 108-128, #11 Additional Page(s) 129-143, #12 Additional Page(s) 144-169, #13 Additional Page(s) 170-193, #14 Additional Page(s) 194-222, #15 Additional Page(s) 223-296, #16 Additional Page(s) 297-304, #17 Additional Page(s) 305-324, #18 Additional Page(s) 325-370, #19 Additional Page(s) 371-394, #20 Additional Page(s) 395-396, #21 Additional Page(s) 397-398, #22 Additional Page(s) 399-409, #23 Additional Page(s) 410-414, #24 Additional Page(s) 415-419, #25 Additional Page(s) 420-423, #26 Additional Page(s) 424-443, #27 Additional Page(s) 444-456, #28 Additional Page(s) 457-463, #29 Additional Page(s) 464-466, #30 Additional Page(s) 467-469) (Clendenen, Michael)
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Filing 26
DEFENDANT'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services (McMahon, Madeline) re: #6 MOTION for Temporary Restraining Order & Preliminary Injunction MOTION for Injunction. (bmh)
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Filing 25
ELECTRONIC ORDER granting #24 Motion for Leave to File Response Brief in Excess of Page Limits. The clerk shall file the brief (Dkt. No. 24-2) as a separate docket entry. (Ordered by Judge James Wesley Hendrix on 12/27/2021) (bmh)
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Filing 24
MOTION for Leave to File Response Brief in Excess of Page Limits filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services (Attachments: #1 Proposed Order, #2 Additional Page(s) Brief in Response) (McMahon, Madeline)
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Filing 23
ORDER: Before the Court is Plaintiffs' Request for an Order Compelling Defendants' Production of the Administrative Record, along with defendants' response. Dkt. Nos. 18, 21. Plaintiffs seek defendants' production of the administrative record by December 23, 2021, arguing that the Court must review the record in order to decide whether the rule at issue is arbitrary and capricious. Dkt. No. 18. In opposition, defendants assert that the Court should resolve the motion for preliminary injunction before requiring production of the administrative record. Dkt. No. 21 at 1. Having considered both parties' arguments and the relevant law, the Court grants the motion in part. In compliance with the dictates of Section 706, binding precedent, and persuasive authority--and because the Court finds that the administrative record will prove helpful in resolving the parties' arguments--the Court will consider the administrative record. The Court recognizes, however, the expedited briefing schedule and accelerated timeline for resolution in light of the rules impending compliance and effective dates. Thus, Defendants shall file a copy of the administrative record for the Department of Health and Human Services' November 30, 2021 interim final rule, entitled "Vaccine and Mask Requirements to Mitigate the Spread of COVID-19 in Head Start Programs" on or before December 27, 2021 at 3:00 p.m. CDT. (Ordered by Judge James Wesley Hendrix on 12/21/2021) (lkw)
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Filing 22
ELECTRONIC Minute Entry for proceedings held before Judge James Wesley Hendrix: Telephone Conference held on 12/21/2021. Attorney Appearances: Plaintiff - Charles Eldred/Jonathan Stone/Amy Wills/Amy Hilton; Defense - Michael Clendenen/Christopher Edelman/Madeline McMahon. (Court Reporter: Mechelle Daniel) (No exhibits) Time in Court - :30. (chmb)
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Filing 21
RESPONSE filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services re: #18 MOTION to Produce Defendants' Administrative Record (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (McMahon, Madeline)
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Filing 20
ORDER: Before the Court is Plaintiffs Request for an Order Compelling Defendants Production of the Administrative Record. Dkt. No. #18 . Plaintiffs seek defendants production of the administrative record by December 23, 2021, arguing that the Court must review the record in order to decide whether the rule at issue is arbitrary or capricious. Id. Defendants are ordered to respond to plaintiffs motion by today, December 21, 2021 at 1:00 p.m. CST. (Ordered by Judge James Wesley Hendrix on 12/21/2021) (krr)
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Filing 19
NOTICE of Attorney Appearance by Christopher David Edelman on behalf of Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. (Filer confirms contact info in ECF is current.) (Edelman, Christopher)
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Filing 18
MOTION to Produce Defendants' Administrative Record filed by Lubbock Independent School District, State of Texas (Attachments: #1 Exhibit(s) 1, #2 Proposed Order) (Hilton, Amy)
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Filing 17
NOTICE of Attorney Appearance by Madeline Marie McMahon on behalf of Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. (Filer confirms contact info in ECF is current.) (McMahon, Madeline)
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Filing 16
ELECTRONIC ORDER: Telephone Conference set for 12/21/2021 01:30 PM CST before Judge James Wesley Hendrix. At least one counsel for each party must attend. The conference will be non-substantive; the Court will discuss the upcoming hearing's logistics. The Court will circulate dial-in information to counsel via e-mail. (Ordered by Judge James Wesley Hendrix on 12/20/2021) (chmb)
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Filing 15
ORDER: The Court orders the defendants to file a responsive brief due by 12/23/2021. Plaintiff may file a reply brief due on or before 12/28/2021 at 1:00 p.m. CST. The Court will hear any evidence or argument the parties wish to present on 12/30/2021 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge James Wesley Hendrix. (Ordered by Judge James Wesley Hendrix on 12/17/2021) (bdg)
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Filing 14
NOTICE of Attorney Appearance by Michael Patrick Clendenen on behalf of Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. (Filer confirms contact info in ECF is current.) (Clendenen, Michael)
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Filing 13
NOTICE of Plaintiffs' Advisory to the Court re: #11 Order,,, filed by Lubbock Independent School District, State of Texas (Attachments: #1 Ex 1) (Hilton, Amy)
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Filing 12
SUMMONS Returned Executed as to All Defendants. (Hilton, Amy)
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Filing 11
ORDER: Before the Court is Plaintiffs Advisory to the Court. Dkt. No. 10. The Court orders plaintiffs on or before December 16, 2021 at 12:00 p.m. CST to provide to the Acting United States Attorney for the Northern District of Texas, Chad Meacham, and the Chief of the Civil Division for the Northern District of Texas, Scott Hogan, a copy of: (1) their Complaint, (2) their Motion for Temporary Restraining Order and Preliminary Injunction, (3) their Brief in support of the motion, and (4) this Order. Plaintiffs are also ordered to file a notice detailing their compliance with this Order on or before December 16, 2021 at 5:00 p.m. CST. Should the defendants wish to contest plaintiffs request for a temporary restraining order and preliminary injunction, they must submit a responsive brief on or before December 23, 2021. Plaintiffs may file a reply brief to any response on or before December 28, 2021 at 1:00 p.m. CST. (Ordered by Judge James Wesley Hendrix on 12/15/2021) (chmb)
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Filing 10
NOTICE of Plaintiffs' Advisory to the Court filed by Lubbock Independent School District, State of Texas (Hilton, Amy)
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Filing 9
ORDER: Before the Court is Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction. Dkt. No. 6. Plaintiffs seek a temporary restraining order and preliminary injunction enjoining the defendants from enforcing and implementing the Head Start mask and vaccine mandates. Id. Plaintiffs have not provided notice to thegovernment. Id. at 3 ("We hereby certify that it was not possible to confer because we donot yet know who has been assigned to defend Defendants."). Therefore, in compliance with Rule 65(b)(1), the Court orders Plaintiffs to brief:(1) what efforts, if any, Plaintiffs made to notify Defendants of their motion for temporary restraining order, and (2) the reasons why the Court should not require Plaintiffs to notify Defendants. The Court orders Plaintiffs to file the brief no later than December 16,2021 at 12:00 p.m. CST. Re: #6 MOTION for Temporary Restraining Order & Preliminary Injunction MOTION for Injunction (Ordered by Judge James Wesley Hendrix on 12/15/2021) (lkw)
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Filing 8
Plaintiff's Brief in Support of Motion for Temporary Restraining Order and Preliminary Injunction filed by Lubbock Independent School District, State of Texas re #6 MOTION for Temporary Restraining Order & Preliminary Injunction MOTION for Injunction . Exhibit #1 , Exhibit #2 , Exhibit #3 , Exhibit #4 , Exhibit #5 , Exhibit #6 , Exhibit 7 , Exhibit #8 , Exhibit #9 ) (lkw). PER 7 ORDER Modified text on 12/15/2021. Modified to individualize the exhibits per Judge JWH on 12/22/2021 (lkw).
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Filing 7
ELECTRONIC ORDER granting #5 Motion for Leave to File Brief in Excess of Page Limits. The clerk shall file the brief (Dkt. No. 5-4) as a separate docket entry with the exhibits to the brief as separate attachments. (Ordered by Judge James Wesley Hendrix on 12/14/2021) (chmb)
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Filing 6
MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by Lubbock Independent School District, State of Texas (Attachments: #1 Proposed Order) (Hilton, Amy). Added MOTION for Preliminary Injunction on 12/14/2021 (twd).
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Filing 5
MOTION for Leave to File Motion to Exceed Page Limit filed by Lubbock Independent School District, State of Texas (Attachments: #1 Proposed Order, # (***DISREGARD ATTACHMENTS 2 AND 3; DOCUMENTS WILL BE FILED SEPARATELY***) #4 Additional Page(s) Brief in Support, #5 Exhibit(s) 1, #6 Exhibit(s) 2, #7 Exhibit(s) 3, #8 Exhibit(s) 4, #9 Exhibit(s) 5, #10 Exhibit(s) 6, #11 Exhibit(s) 7, #12 Exhibit(s) 8, #13 Exhibit(s) 9) (Hilton, Amy) Modified text on 12/14/2021 PER ATTORNEYS OFFICE (krr).
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Filing 4
Summons' Issued as to All Defendants. (krr) (Main Document 4 replaced on 12/13/2021) (krr).
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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. Clerk to provide copy to plaintiff if not received electronically. (krr)
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lubbock Independent School District, State of Texas. (Hilton, Amy)
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Filing 1
COMPLAINT against All Defendants filed by Lubbock Independent School District, State of Texas. (Filing fee $402; Receipt number 0539-12448805) Clerk to issue summonses for federal and non-federal defendants. 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 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Cover Sheet) (Eldred, Charles) (Attachment 5 replaced on 12/13/2021) (krr).
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