Wang et al v. Paxton
| Peng Wang and Qinlin Li |
| Ken Paxton |
| 4:2025cv03103 |
| July 3, 2025 |
| U.S. District Court for the Southern District of Texas |
| Charles Eskridge |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| None |
Docket Report
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This docket was last retrieved on August 27, 2025. A more recent docket listing may be available from PACER.
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Electronic Access to Record on Appeal Provided re: #40 Notice of Appeal to Brian Ingram; Benjamin Mendelson; William Peterson & Justin Sadowsky. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 25-20354), filed. (dlr1)
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Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #40 Notice of Appeal USCA No. 25-20354, filed. (dlr1)
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Filing 46
Order of USCA re: #40 Notice of Appeal ; USCA No. 25-20354. IT IS ORDERED that Appellants' opposed emergency motion for injunction pending appeal is DENIED. IT IS FURTHER ORDERED that Appellants' motion to certify question to the Texas Supreme Court is carried with the case, filed. (edg1)
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Filing 45
Order of USCA re: #40 Notice of Appeal ; USCA No. 25-20354. IT IS ORDERED that Appellants' opposed emergency motion for injunction pending appeal is addressed as follows: We GRANT a short temporary administrative stay on the statute as to the named plaintiffs only and otherwise CARRY WITH THE CASE the motion for injunction pending appeal for decision by the merits panel. _ The merits panel, once assigned, has the right to make its decisions, including having the option, if it wishes, of addressing this administrative panel's stay before - the statute's September 1 effective date by entering some sort of order on the request for a stay pending appeal, with any briefing as designated by that merits panel. IT IS FURTHER ORDERED that Appellants' opposed emergency motion to expedite the appeal is GRANTED, filed. (edg1)
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Notice of Assignment of USCA No. 25-20354 re: #40 Notice of Appeal, filed. (bav1)
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Filing 44
ORDER DENYING REQUEST FOR INJUNCTION PENDING APPEAL re: The motion by Plaintiffs Peng Wang and Qinlin Li for an injunction pending appeal is DENIED. Dkt 41.(Signed by Judge Charles Eskridge) Parties notified. (jmg4)
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Filing 43
Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #40 Notice of Appeal, #41 MOTION Injunction Pending Appeal. Fee status: Paid. Reporter(s): ERO, filed. (Attachments: #1 Notice of Appeal) (jmt1)
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Appeal Review Notes re: #40 Notice of Appeal. Fee status: Paid. The appeal filing fee has been paid or an ifp motion has been granted.A MOTION Injunction Pending Appeal is pending.Two Hearings were held in the case - one transcript was produced. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal. Number of DKT-13 Forms expected: 1, filed. (jmt1)
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Filing 42
PROPOSED ORDER re: #41 MOTION Injunction Pending Appeal, filed. (Sadowsky, Justin)
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Filing 41
MOTION Injunction Pending Appeal by Qinlin Li, Peng Wang, filed. Motion Docket Date 9/9/2025. (Sadowsky, Justin)
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Filing 40
NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #39 Order, by Qinlin Li, Peng Wang (Filing fee $ 605, receipt number ATXSDC-33965939), filed. (Sadowsky, Justin)
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Filing 39
OPINION AND ORDER GRANTING MOTION TO DISMISS re: The related motion by the Attorney General to dismiss this action for failure to state a claim is DENIED AS MOOT. Dkt 17. The motions by Plaintiffs Peng Wang and Qinlin Li seeking provisional class certification and a preliminary injunction are likewise DENIED AS MOOT. Dkts 3 & 4. This action is DISMISSED WITHOUT PREJUDICE. (Signed by Judge Charles Eskridge) Parties notified. (jmg4)
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Filing 37
Notice of Filing of Official Transcript re: #36 Transcript,. Parties notified, filed. (SDTX_CMECF_AutoDocket, )
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Filing 36
TRANSCRIPT re: CLASS CERTIFICATION HEARING held on August 14, 2025 before Judge Charles Eskridge. Court Reporter/Transcriber TRINITY TRANSCRIPTION SERVICES. Ordering Party Jenelle Gonzalez Release of Transcript Restriction set for 11/13/2025., filed. (cbattaglia, )
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Filing 38
Minute entry for MOTION HEARING before Judge Charles Eskridge on August 14, 2025. All parties present and represented by counsel. The Court addressed the motion by Defendant Ken Paxton to dismiss this action for lack of standing and for failure to state a claim. Dkt 17. The Court stated intention to grant the motion as to lack of standing for reasons stated on the record. An order supplementing and specifying reasons will be filed separately, with such order anticipated to be entered by August 18, 2025. The provisional motion by Plaintiffs for class certification and their separate motion for preliminary injunction were taken under advisement, with indication that dismissal for lack of standing would moot their consideration. The parties were advised to confer as to any provisional, temporary relief that could be agreed as to the effective date of SB 17 to allow for orderly consideration of any appeal. They may file a joint status report as to any such agreed relief, if reached. Such order is without prejudice to a party bringing any appropriate motion individually. Appearances: Justin Mark Sadowsky, Brian Keith Ingram.(ERO: used), filed. (jmg4)
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Filing 35
AO 435 TRANSCRIPT REQUEST by Justin Sadowsky for Transcript of 08/14/2025. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Trinity Transcription Services, filed. (Sadowsky, Justin) Copy request electronically forwarded to Trinity Transcription Services on 8/15/2025. Estimated completion date: 8/16/2025. Modified on 8/15/2025 (sew4).
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Filing 34
AO 435 TRANSCRIPT REQUEST by Judge Charles Eskridge for Transcript of Class Certification Hearing held before Judge Charles Eskridge on 8/14/2025. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Trinity Transcription Services, filed. (jmg4) Electronically forwarded to Trinity Transcription Services on 8/14/2025. Estimated completion date: 8/15/2025. Modified on 8/14/2025 (sew4).
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Filing 33
PROPOSED ORDER re: #4 MOTION for Preliminary Injunction, #3 MOTION to Certify Class, #17 MOTION to Dismiss #1 Complaint, FOR LACK OF SUBJECT MATTER JURISDICTION AND FOR FAILURE TO STATE A CLAIM ON WHICH RELIEF MAY BE GRANTED, filed. (Sadowsky, Justin)
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Filing 32
CERTIFICATE OF INTERESTED PARTIES by Ken Paxton, filed. (Loomis, Steven)
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Filing 31
PROPOSED ORDER DENYING re: #3 MOTION to Certify Class, filed. (Ingram, Brian)
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Filing 30
PROPOSED ORDER GRANTING re: #17 MOTION to Dismiss #1 Complaint, FOR LACK OF SUBJECT MATTER JURISDICTION AND FOR FAILURE TO STATE A CLAIM ON WHICH RELIEF MAY BE GRANTED, filed. (Ingram, Brian)
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Filing 29
PROPOSED ORDER DENYING re: #4 MOTION for Preliminary Injunction, filed. (Ingram, Brian)
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Filing 27
REPLY to #23 Response in Opposition to Motion , filed by Ken Paxton. (Ingram, Brian)
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Filing 26
ORDER granting #13 Motion for Keilang Zhu to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Charles Eskridge) Parties notified. (jmg4)
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Filing 25
ORDER granting #12 Motion for Andre Y. Bates to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Charles Eskridge) Parties notified. (jmg4)
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Filing 23
RESPONSE in Opposition to #17 MOTION to Dismiss #1 Complaint, FOR LACK OF SUBJECT MATTER JURISDICTION AND FOR FAILURE TO STATE A CLAIM ON WHICH RELIEF MAY BE GRANTED, filed by Qinlin Li, Peng Wang. (Sadowsky, Justin)
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Filing 22
SCHEDULING and DOCKET CONTROL ORDER re: Completion of discovery related to class certification due by 12/9/2025. Motion for class certification due by 1/8/2026. Class Certification Hearing set for 3/9/2026 at 01:30 PM in Courtroom 9F before Judge Charles Eskridge. (Signed by Judge Charles Eskridge) Parties notified. (jmg4)
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Filing 28
***FILED IN ERROR-DUPLICATE ENTRY***Minute entry for STATUS CONFERENCE before Judge Charles Eskridge on August 6, 2025. All parties present by video and represented by counsel. Counsel for Plaintiff confirmed that Plaintiff Yisi Wang voluntarily dismissed herself from the case. See Dkt 20. Counsel noted that Wang believed that assurances in the briefing of Defendant Ken Paxton established that she faced no threat of prosecution under the challenged law. But counsel stated further that the remaining Plaintiffs believe themselves to be differently situated. The Court addressed the status of pending motions. The parties confirmed that the briefing as to the motions by Plaintiffs for a preliminary injunction and class certification are ripe for consideration. See Dkts 3 & 4. As to Defendant's motion to dismiss, Plaintiffs confirmed they intend to file a response. Dkt 17. Plaintiffs were ORDERED to file their response by August 11, 2025, not to exceed five pages. Defendant may file a short reply of the same length by August 13, 2025. The Court addressed the schedule for hearing on the pending motions. It was noted that hearing would proceed in person. A hearing was SET for 10:30 am on August 14, 2025. Appearances: Justin Mark Sadowsky, Brian Keith Ingram.(ERO: used), filed. (jmg4) Modified on 8/13/2025 (jmg4).
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Filing 24
Minute entry for STATUS CONFERENCE before Judge Charles Eskridge on August 6, 2025. All parties present by video and represented by counsel. Counsel for Plaintiff confirmed that Plaintiff Yisi Wang voluntarily dismissed herself from the case. See Dkt 20. Counsel noted that Wang believed that assurances in the briefing of Defendant Ken Paxton established that she faced no threat of prosecution under the challenged law. But counsel stated further that the remaining Plaintiffs believe themselves to be differently situated. The Court addressed the status of pending motions. The parties confirmed that the briefing as to the motions by Plaintiffs for a preliminary injunction and class certification are ripe for consideration. See Dkts 3 & 4. As to Defendants motion to dismiss, Plaintiffs confirmed they intend to file a response. Dkt 17. Plaintiffs were ORDERED to file their response by August 11, 2025, not to exceed five pages. Defendant may file a short reply of the same length by August 13, 2025. The Court addressed the schedule for hearing on the pending motions. It was noted that hearing would proceed in person.A hearing was SET for 10:30 am on August 14, 2025. Class Certification Hearing set for 8/14/2025 at 10:30 AM in Courtroom 9F before Judge Charles Eskridge Appearances: Justin Mark Sadowsky, Brian Keith Ingram.(ERO: used), filed. (jmg4)
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Filing 21
REPLY in Support of #4 MOTION for Preliminary Injunction, #3 MOTION to Certify Class, filed by Qinlin Li, Peng Wang. (Sadowsky, Justin)
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Filing 20
NOTICE of Dismissal as to Ken Paxton by Yisi Wang, filed. (Sadowsky, Justin)
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Filing 19
RESPONSE to #3 MOTION to Certify Class filed by Ken Paxton. (Ingram, Brian)
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Filing 18
RESPONSE to #4 MOTION for Preliminary Injunction filed by Ken Paxton. (Attachments: #1 Appendix) (Ingram, Brian)
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Filing 17
MOTION to Dismiss #1 Complaint, FOR LACK OF SUBJECT MATTER JURISDICTION AND FOR FAILURE TO STATE A CLAIM ON WHICH RELIEF MAY BE GRANTED by Ken Paxton, filed. Motion Docket Date 8/20/2025. (Attachments: #1 Appendix) (Ingram, Brian)
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Filing 16
STATUS REPORT by Ken Paxton, filed. (Ingram, Brian)
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Filing 15
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/8/2025 at 10:30 AM in Courtroom 9F before Judge Charles Eskridge. (Signed by Judge Charles Eskridge) (Attachments: #1 Attachments) Parties notified. (dm4)
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Filing 14
CERTIFICATE OF SERVICE of #11 Order,,, by Qinlin Li, Peng Wang, Yisi Wang, filed. (Sadowsky, Justin)
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Filing 13
MOTION to Appear Pro Hac Vice for Keliang (Clay) Zhu (Fee Paid: $100, receipt number ATXSDC-33810071) by Qinlin Li, Peng Wang, Yisi Wang, filed. Motion Docket Date 8/13/2025. (Sadowsky, Justin)
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Filing 12
MOTION to Appear Pro Hac Vice for Andre Y. Bates (Fee Paid: $100, receipt number ATXSDC-33809918) by Qinlin Li, Peng Wang, Yisi Wang, filed. Motion Docket Date 8/13/2025. (Sadowsky, Justin)
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Filing 11
ORDER re: The motion by Plaintiffs with respect to the recent order denying their ex parte motion for preliminary injunction is GRANTED to the extent that it requests clarification. It is DENIED to the extent that it also requests reconsideration. Dkt #10 . Plaintiffs are ORDERED to immediately serve this and the prior order of this Court (Dkt 9) on Defendant, along with their complaint and motions for class certification and preliminary injunction (Dkts 1, 3 & 4). It is further ORDERED that this matter is now set for a status conference on August 6, 2025, at 3:30 pm. The status conference will proceed by video conference. The Case Manager will provide connection details in advance. Plaintiffs must provide to her contact information for Defendant if no appearance has been made on the record in advance of the conference. (Signed by Judge Charles Eskridge) Parties notified. (dm4)
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Filing 10
NOTICE and Request for Clarification or Reconsideration re: #9 Order on Motion for Preliminary Injunction, by Qinlin Li, Peng Wang, Yisi Wang, filed. (Attachments: #1 Exhibit Text of Email to AG) (Sadowsky, Justin)
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Filing 9
ORDER denying without prejudice #4 Plaintiffs Yisa Wang, Peng Wang, and Qinlin Li Motion for Preliminary Injunction. The parties are ORDERED to confer on a schedule for briefing and argument and to submit a joint status report in that regard when ready. Normal procedural deadlines shall otherwise apply unless and until an alternate order is requested and obtained. (Signed by Judge Charles Eskridge) Parties notified. (dm4)
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Filing 8
RETURN of Service of SUMMONS Executed as to Ken Paxton served on 7/9/2025, answer due 9/8/2025, filed. (Sadowsky, Justin)
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Filing 7
Amended Summons Issued as to Ken Paxton. Issued summons returned to plaintiff by NEF, filed. (mew4)
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Filing 6
Summons Issued as to Ken Paxton. Issued summons delivered to plaintiff by NEF, filed. (mew4)
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Filing 5
CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (anc4)
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Referral Judge Selected: Magistrate Judge Yvonne Y. Ho randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (anc4)
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Filing 4
MOTION for Preliminary Injunction by Qinlin Li, Peng Wang, Yisi Wang, filed. Motion Docket Date 7/24/2025. (Attachments: #1 P Wang Declaration, #2 Li Declaration, #3 Y Wang Declaration, #4 Shen Decision (unpublished)) (Sadowsky, Justin)
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Filing 3
MOTION to Certify Class by Qinlin Li, Peng Wang, Yisi Wang, filed. Motion Docket Date 7/24/2025. (Attachments: #1 Sadowsky Declaration, #2 Exhibit Sadowsky Dec Ex A, #3 Zhu Declaration, #4 Bates Declaration, #5 P Wang Declaration, #6 Li Declaration, #7 Y Wang Declaration, #8 Proposed Order Proposed Order) (Sadowsky, Justin)
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Filing 2
Request for Issuance of Summons as to Ken Paxton, Attorney General of the State of Texas in his Official Capacity, Only, filed. (Sadowsky, Justin)
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Filing 1
COMPLAINT against Ken Paxton, Attorney General of the State of Texas in his Official Capacity, Only (Filing fee $ 405 receipt number ATXSDC-33701616) filed by Yisi Wang, Qinlin Li, Peng Wang. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) (Sadowsky, Justin)
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