UNITED STATES OF AMERICA v. STATE OF TEXAS et al
| UNITED STATES OF AMERICA |
| STATE OF TEXAS and Greg Abbott |
| Annunciation House, Angry Tias & Abuelas of the Rio Grande Valley, Jennifer Harbury and FIEL Houston |
| Steven McCraw |
| Catholic Charities of the Rio Grande Valley and Immigration Reform Law Institute |
| 3:2021cv00173 |
| July 30, 2021 |
| US District Court for the Western District of Texas |
| Kathleen Cardone |
| Constitutional - State Statute |
| 28 U.S.C. § 1651 |
| None |
Docket Report
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This docket was last retrieved on September 21, 2021. A more recent docket listing may be available from PACER.
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| Filing 63 NOTICE of Pending Admission by Catholic Charities of the Rio Grande Valley re #28 Order on Motion to Appear Pro Hac Vice,,,,,,, (Windham, Lori) |
| Filing 62 NOTICE of Pending Admission by Catholic Charities of the Rio Grande Valley re #28 Order on Motion to Appear Pro Hac Vice,,,,,,, (Rassbach, Eric) |
| Filing 61 Certified Mailing (dt) |
Text Order GRANTING #56 Motion to Appear Pro Hac Vice. IT IS ORDERED that Gina Michele D'Andrea may appear on behalf of Immigration Reform Law Institute. IT IS FURTHER ORDERED that Gina Michele D'Andrea, if shehas not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Court Rule AT-l(f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)
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| Filing 56 MOTION to Appear Pro Hac Vice ( Filing fee $ 100 receipt number 300038200). (Attachments: #1 Proposed Order, #2 Correspondence)(ep1) |
| Filing 55 Transcript filed of Proceedings held on August 13, 2021, Proceedings Transcribed: Preliminary Injunction Hearing. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 9/23/2021, Redacted Transcript Deadline set for 10/4/2021, Release of Transcript Restriction set for 12/1/2021, (lr) |
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Text Order GRANTING #54 Motion for Extension of Time to File. EXTENDED to October 11, 2021. Entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)
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| Filing 54 Unopposed MOTION for Extension of Time to File Responsive Pleading by Greg Abbott, Steven McCraw. (Attachments: #1 Proposed Order)(Sweeten, Patrick) |
| Filing 53 TRANSCRIPT REQUEST by Catholic Charities of the Rio Grande Valley for proceedings held on 8/13/21. Proceedings Transcribed: Hearing on Motion. Court Reporter: ECRO. (dc) |
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Filing 52
Plaintiffs Motion for a Preliminary Injunction, ECF No.3, is hereby GRANTED. IT IS HEREBY ORDERED THAT DEFENDANTS, THEIR AGENTS, OFFICERS, AND EMPLOYEES, AND ALL OTHER PERSONS AND ENTITIES IN ACTIVECONCERT OR PARTICIPATION WITH THEM ARE ENJOINED FROM TAKING ANY ACTION TO ENFORCE THE EXECUTIVE ORDER. IT IS FURTHER ORDERED that this preliminary injunction shall remain in force until resolution of this action on the merits.. Signed by Judge Kathleen Cardone. (mt)
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Filing 51
ORDER GRANTING #5 Motion to Consolidate Cases. Accordingly, it is hereby ORDERED that cause numbers EP-21-CV-173-KC and EP-21-CV-178-KC be CONSOLIDATED into cause number EP-21-CV-173-KC, for discovery and other pretrial purposes. IT IS ORDERED that all future filings be FILED in cause number EP-21-CV-173-KC (Consolidated Action). Signed by Judge Kathleen Cardone. (dc)
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| Filing 49 TRANSCRIPT REQUEST (RENEWED REQUEST) by UNITED STATES OF AMERICA for proceedings held on Aug. 13, 2021. Proceedings Transcribed: Hearing re Motion for Preliminary Injunction.. (Avallone, Zachary) |
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Text Order GRANTING #47 Motion for Extension of Time to File. EXTENDED to October 11, 2021. SO ORDERED. Entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)
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| Filing 48 NOTICE of Filing Proposed Order for Preliminary Injunction by UNITED STATES OF AMERICA (Attachments: #1 Proposed Order)(Gerardi, Michael) |
| Filing 47 Unopposed MOTION for Extension of Time to File Responsive Pleading by Greg Abbott, STATE OF TEXAS. (Attachments: #1 Proposed Order)(Sweeten, Patrick) |
| Filing 46 Memorandum in Opposition to Motion, filed by UNITED STATES OF AMERICA, re #35 MOTION to Transfer Case to First-Filed Court or in the Alternative, to Stay Proceedings filed by Defendant Greg Abbott, Defendant STATE OF TEXAS (Gerardi, Michael) |
| Filing 45 TRANSCRIPT REQUEST (CORRECTED) by UNITED STATES OF AMERICA for proceedings held on August 13, 2021. Proceedings Transcribed: Hearing re Motion for Preliminary Injunction.. (Avallone, Zachary) |
| Filing 44 DEFICIENCY NOTICE: re #39 Transcript Request (Miscellaneous) (bg2) |
| Filing 43 DEFICIENCY NOTICE: re #37 Transcript Request (Miscellaneous) (bg2) |
| Filing 42 NOTICE of Filing Defendants' Presentation from Hearing on Motion for Preliminary Injunction (Aug. 13, 2021) by Greg Abbott, STATE OF TEXAS (Attachments: #1 Exhibit)(Sweeten, Patrick) |
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Filing 41
ORDER that the United States of America SHALL FILE a proposed preliminary injunction order on or before August 20, 2021. IT IS FURTHER ORDERED that the United States of America SHALL FILE its Response to Defendants State of Texas and Greg Abbotts Motion to Transfer Venue, ECF No. 35, along with a proposed order on or before August 19, 2021.. Signed by Judge Kathleen Cardone. (ep1)
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Filing 40
ORDER that the Temporary Restraining Order, ECF No.18, SHALL REMAIN IN FULL FORCE AND EFFECT for an additional fourteen (14) daysuntil the 27th day of August, 2021.. Signed by Judge Kathleen Cardone. (ep1)
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| Filing 39 ** DOCUMENT DEFICIENT ** TRANSCRIPT REQUEST by Greg Abbott, STATE OF TEXAS for proceedings held on 08/13/21. Proceedings Transcribed: Hearing on Motion for Preliminary Injunction. Court Reporter: ECRO. (Thompson, William) Modified on 8/13/2021 (bg2). |
| Filing 38 Minute Entry for proceedings held before Judge Kathleen Cardone: Preliminary Injunction Hearing held on 8/13/2021 T.R.O extended 14 days, written order forthcoming (Minute entry documents are not available electronically.). (Court Reporter ECRO.)(ep1) |
| Filing 37 ** DOCUMENT DEFICIENT ** TRANSCRIPT REQUEST by UNITED STATES OF AMERICA for proceedings held on August 13, 2021. Proceedings Transcribed: Hearing on Motion for Preliminary Injunction.. (Avallone, Zachary) Modified on 8/13/2021 (bg2). |
| Filing 36 AMICUS BRIEF by Catholic Charities of the Rio Grande Valley. (Attachments: #1 Declaration of Sr. Norma Pimentel)(ep1) |
| Filing 35 MOTION to Transfer Case to First-Filed Court or in the Alternative, to Stay Proceedings by Greg Abbott, STATE OF TEXAS. (Attachments: #1 Exhibit A, #2 Proposed Order)(Sweeten, Patrick) |
| Filing 34 Unopposed MOTION for Leave to File Amicus Brief by Eric C. Rassbach. by Catholic Charities of the Rio Grande Valley. (Attachments: #1 Brief Amicus Curiae of Catholic Charities of the Rio Grande Valley, #2 Declaration of Sr. Norma Pimentel)(Rassbach, Eric) |
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Text Order GRANTING #34 Motion for Leave to File Amicus Brief entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)
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| Filing 33 WITNESS/EXHIBIT LIST by UNITED STATES OF AMERICA. (Avallone, Zachary) |
| Filing 32 Witness List by Greg Abbott, STATE OF TEXAS. (Sweeten, Patrick) |
| Filing 31 Exhibit List for Hearing on Plaintiff's Motion for Preliminary Injunction by Greg Abbott, STATE OF TEXAS.. (Sweeten, Patrick) |
| Filing 30 SUMMONS Returned Executed by UNITED STATES OF AMERICA. STATE OF TEXAS served on 8/5/2021, answer due 8/26/2021. (Kolsky, Joshua) |
| Filing 29 SUMMONS Returned Executed by UNITED STATES OF AMERICA. Greg Abbott served on 8/5/2021, answer due 8/26/2021. (Kolsky, Joshua) |
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Filing 28
ORDER GRANTING IN PART #26 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order.; GRANTING IN PART #27 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Attorneys Rassbach and Windham shall apply for admission to practice before the United States District Court for the Western District of Texas on or before September 22, 2021, and diligently pursue such application until they are either admitted to practice before this Court or denied admission. Signed by Judge Kathleen Cardone. (ep1)
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| Filing 27 MOTION to Appear Pro Hac Vice by Steven C. Levatino (For Llori Whindham- Becket Fund for Religious Liberty ( Filing fee $ 100 receipt number 0542-15104107) by on behalf of Catholic Charities of the Rio Grande Valley. (Attachments: #1 Exhibit Application for Pro Hac Vice-Windham)(Levatino, Steven) |
| Filing 26 MOTION to Appear Pro Hac Vice by Steven C. Levatino (For Eric Rassbach- Becket Fund for Religious Liberty) ( Filing fee $ 100 receipt number 0542-15104022) by on behalf of Catholic Charities of the Rio Grande Valley. (Attachments: #1 Exhibit Application for Pro Hac Vice-Rassbach)(Levatino, Steven) |
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Filing 25
ORDER GRANTING IN PART #24 Joint Motion for Clarification. FURTHER ORDERED that, on or before August 11, 2021, at 5:00 p.m. the parties shall each FILE with the Court a list of all witnesses and an Exhibit List. Signed by Judge Kathleen Cardone. (mc4)
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| Filing 24 Joint MOTION for Clarification Regarding August 13 Hearing by UNITED STATES OF AMERICA. (Lin, Jean) |
| Filing 23 NOTICE of Attorney Appearance by Michael Joseph Gerardi on behalf of UNITED STATES OF AMERICA. Attorney Michael Joseph Gerardi added to party UNITED STATES OF AMERICA(pty:pla) (Gerardi, Michael) |
| Filing 22 Transcript filed of Proceedings held on 08/02/2021, Proceedings Transcribed: Hearing on Motion for TRO. Court Reporter/Transcriber: Walter A. Chiriboga, Jr., Telephone number: 915-834-0553. Tape Number: 01. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 8/30/2021, Redacted Transcript Deadline set for 9/7/2021, Release of Transcript Restriction set for 11/5/2021, (wc) |
| Filing 21 TRANSCRIPT REQUEST for proceedings held on 08/2/21. Proceedings Transcribed: ECRO. Court Reporter: Walter Chiriboga. (ep1) |
| Filing 20 TRANSCRIPT REQUEST by UNITED STATES OF AMERICA for proceedings held on August 2, 2021. Proceedings Transcribed: Hearing for motion for TRO. Court Reporter: Walter Chiriboga. (Avallone, Zachary) |
| Filing 19 EXPEDITED TRANSCRIPT REQUEST by STATE OF TEXAS for proceedings held on 8/2/21. Proceedings Transcribed: Hearing on TRO. Court Reporter: Walter Chiriboga. (mt) |
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Filing 18
ORDER GRANTING #3 Motion for TEMPORARY RESTRAINING ORDER, Signed by Judge Kathleen Cardone. (mt)
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| Filing 17 REPLY to Response to Motion, filed by UNITED STATES OF AMERICA, re #3 MOTION for Temporary Restraining Order or Preliminary Injunction filed by Plaintiff UNITED STATES OF AMERICA (Attachments: #1 Affidavit)(Kolsky, Joshua) |
| Filing 16 Unopposed MOTION for Leave to Exceed Page Limitation by UNITED STATES OF AMERICA. (Attachments: #1 Proposed Order)(Kolsky, Joshua) |
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Text Order GRANTING #16 Motion for Leave to File Excess Pages entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)
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| Motions Taken Under Advisement: #3 MOTION for Temporary Restraining Order or Preliminary Injunction (ep1) |
| Filing 15 Minute Entry for proceedings held before Judge Kathleen Cardone: Motion Hearing held on 8/2/2021 re #3 MOTION for Temporary Restraining Order or Preliminary Injunction filed by UNITED STATES OF AMERICA (Motion taken under advisement, supplemental documents due 08/03/21 (Minute entry documents are not available electronically.). (Court Reporter ecro.)(ep1) |
| Filing 14 Unopposed MOTION for Leave to Exceed Page Limitation for Response to Plaintiff's Motion for Emergency Temporary Restraining Order by Greg Abbott, STATE OF TEXAS. (Attachments: #1 Proposed Order)(Sweeten, Patrick) |
| Filing 13 APPENDIX to #9 Memorandum in Opposition to Motion by Greg Abbott, STATE OF TEXAS. (Sweeten, Patrick) |
| Filing 12 NOTICE of Attorney Appearance by Patrick K. Sweeten on behalf of Greg Abbott, STATE OF TEXAS (Sweeten, Patrick) |
| Filing 11 NOTICE of Attorney Appearance by William Thomas Thompson on behalf of Greg Abbott, STATE OF TEXAS (Thompson, William) |
| Filing 10 NOTICE of Attorney Appearance by Judd E. Stone on behalf of Greg Abbott, STATE OF TEXAS (Stone, Judd) |
| Filing 9 Memorandum in Opposition to Motion, filed by Greg Abbott, STATE OF TEXAS, re #3 MOTION for Temporary Restraining Order or Preliminary Injunction filed by Plaintiff UNITED STATES OF AMERICA (Sweeten, Patrick) |
| Filing 8 Summons Issued as to Greg Abbott, STATE OF TEXAS. (ep1) |
| Filing 7 NOTICE of Attorney Appearance by Jean Lin on behalf of UNITED STATES OF AMERICA (Lin, Jean) |
| Filing 6 NOTICE of Attorney Appearance by Brian Boynton on behalf of UNITED STATES OF AMERICA. Attorney Brian Boynton added to party UNITED STATES OF AMERICA(pty:pla) (Boynton, Brian) |
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Text Order GRANTING #14 Motion for Leave to File Excess Pages entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)
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Filing 5
ORDER SETTING GOVERNMENT'S EMERGENCY MOTION (TRO/PRELIMINARY INJUNCTION) HEARING (set for Monday, 8/2/2021 02:00 PM MOUNTAIN TIME before Judge Kathleen Cardone, COURTROOM 522, UNITED STATES COURTHOUSE, 525 MAGOFFIN AVE, EL PASO, TEXAS). Signed by Judge Kathleen Cardone. (mt)
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| Filing 4 NOTICE of Attorney Appearance by Zachary Avallone on behalf of UNITED STATES OF AMERICA (Avallone, Zachary) |
| Filing 3 MOTION for Temporary Restraining Order or Preliminary Injunction by UNITED STATES OF AMERICA. (Attachments: #1 Hastings Declaration, #2 Hott Declaration, #3 Sualog Declaration, #4 Proposed Order)(Avallone, Zachary) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by UNITED STATES OF AMERICA. (Kolsky, Joshua) |
| Filing 1 COMPLAINT (Filing fee $ 402.), filed by UNITED STATES OF AMERICA. (Attachments: #1 Civil Cover Sheet)(Kolsky, Joshua) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Berton (mt) |
| Case assigned to Judge Kathleen Cardone. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (mt) |
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