BCFS Health and Human Services v. United States Department of Labor, et al
Defendant: BCFS Health and Human Services, United States Department of Labor, Marty J. Walsh, Secretary, Jessica Looman, Acting Administrator, United States Department of Health and Human Services, Xavier Becerra, Secretary, Marty J. Walsh, Jessica Looman, Xavier Becerra and Merrick B. Garland
Case Number: 5:2021cv00776
Filed: August 18, 2021
Court: US District Court for the Western District of Texas
Presiding Judge: Jason K Pulliam
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. ยง 702
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 17, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2021 Opinion or Order Filing 28 Response in Opposition to Motion, filed by BCFS Health and Human Services, re #25 MOTION to Dismiss or, in the Alternative, Cross-Motion for Summary Judgment filed by Defendant Jessica Looman, Defendant United States Department of Health and Human Services, Defendant Xavier Becerra, Defendant Marty J. Walsh, Defendant United States Department of Labor (Attachments: #1 Exhibit 26, #2 Exhibit 27, #3 Exhibit 28, #4 Exhibit 29)(Schrier, Michael)
October 15, 2021 Opinion or Order Filing 27 REPLY to Response to Motion, filed by BCFS Health and Human Services, re #6 MOTION for Preliminary Injunction filed by Plaintiff BCFS Health and Human Services (Attachments: #1 Exhibit 26, #2 Exhibit 27, #3 Exhibit 28, #4 Exhibit 29)(Schrier, Michael)
September 24, 2021 Opinion or Order Filing 26 APPENDIX to #24 Memorandum in Opposition to Motion, #25 MOTION to Dismiss or, in the Alternative, Cross-Motion for Summary Judgment by Xavier Becerra, Jessica Looman, United States Department of Health and Human Services, United States Department of Labor, Marty J. Walsh. (Attachments: #1 Appendix part 2 of 8, #2 Appendix part 3 of 8, #3 Appendix part 4 of 8, #4 Appendix part 5 of 8, #5 Appendix part 6 of 8, #6 Appendix part 7 of 8, #7 Appendix part 8 of 8)(Riess, Daniel)
September 24, 2021 Opinion or Order Filing 25 MOTION to Dismiss or, in the Alternative, Cross-Motion for Summary Judgment by Xavier Becerra, Jessica Looman, United States Department of Health and Human Services, United States Department of Labor, Marty J. Walsh. (Wolfe, Kristina)
September 24, 2021 Opinion or Order Filing 24 Memorandum in Opposition to Motion, filed by Xavier Becerra, Jessica Looman, United States Department of Health and Human Services, United States Department of Labor, Marty J. Walsh, re #6 MOTION for Preliminary Injunction filed by Plaintiff BCFS Health and Human Services (Wolfe, Kristina)
September 8, 2021 Opinion or Order Filing 23 ORDER CONVERTING MOTION AND SETTING BRIEFING SCHEDULE. Signed by Judge Jason K. Pulliam. (mgr)
September 7, 2021 Opinion or Order Filing 22 SUMMONS Returned Executed by BCFS Health and Human Services. United States Department of Health and Human Services served on 8/25/2021, answer due 10/25/2021. (Schrier, Michael)
September 7, 2021 Opinion or Order Filing 21 SUMMONS Returned Executed by BCFS Health and Human Services. Merrick B. Garland served on 8/26/2021, answer due 10/25/2021. (Schrier, Michael)
September 7, 2021 Opinion or Order Filing 20 SUMMONS Returned Executed by BCFS Health and Human Services. Xavier Becerra served on 8/25/2021, answer due 10/25/2021. (Schrier, Michael)
September 7, 2021 Opinion or Order Filing 19 ADVISORY TO THE COURT by Xavier Becerra, Jessica Looman, United States Department of Health and Human Services, United States Department of Labor, Marty J. Walsh (Jointly Filed with Plaintiff). (Attachments: #1 Proposed Order)(Riess, Daniel)
September 2, 2021 Opinion or Order Filing 18 Text Order GRANTING #17 Joint Motion to Extend Briefing Schedule. If the parties are unable to mutually agree to an alternative procedure to resolve this matter, Defendants shall file their response to #6 Plaintiff's Motion for a Preliminary Injunction on or before September 10, 2021. Plaintiff shall file its reply brief on or before September 20, 2021. Further, if the parties are able to reach an agreement, they shall file a Joint Advisory to inform the Court of the nature and extent of such agreement, on or before September 10, 2021. If the parties are unable to reach any mutual agreement, the parties shall file a certificate of conference regarding what transpired, on or before September 10, 2021. Entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rw)
September 1, 2021 Opinion or Order Filing 17 Joint MOTION for Extension of Time to File Response/Reply by Xavier Becerra, Ashley Chapman Hoff, United States Attorney, Jessica Looman, United States Department of Health and Human Services, United States Department of Labor, Marty J. Walsh. (Attachments: #1 Proposed Order)(Wolfe, Kristina)
September 1, 2021 Opinion or Order Filing 16 NOTICE of Attorney Appearance by Kristina Wolfe on behalf of Xavier Becerra, Ashley Chapman Hoff, United States Attorney, Jessica Looman, United States Department of Health and Human Services, United States Department of Labor, Marty J. Walsh (Wolfe, Kristina)
August 30, 2021 Opinion or Order Filing 15 ORDER GRANTING #12 Motion to Appear Pro Hac Vice (Gregg N. Sofer). 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. Signed by Judge Jason K. Pulliam. (wg)
August 27, 2021 Opinion or Order Filing 14 CERTIFICATE OF SERVICE by BCFS Health and Human Services #1 Complaint,, #8 Summons Issued, #4 MOTION to Appear Pro Hac Vice by Thomas H. Watkins for Michael Schrier ( Filing fee $ 100 receipt number 0542-15131489), #7 MOTION for Leave to Exceed Page Limitation [Related to Document No. 6], #10 Order, #3 Disclosure Statement (Rule 7), #6 MOTION for Preliminary Injunction , #13 Summons Returned Executed (Schrier, Michael)
August 27, 2021 Opinion or Order Notice of Correction: ***NOTIFIED ALL PARTIES THAT THE ENTRY WAS MODIFIED TO CORRECT THE SERVICE DATE AND ANSWER DUE DATE.*** re #13 Summons Returned Executed. (bc)
August 26, 2021 Opinion or Order Filing 13 SUMMONS Returned Executed by BCFS Health and Human Services. Ashley Chapman Hoff, United States Attorney served on 8/19/2021, answer due 10/18/2021. (Watkins, Thomas) Modified on 8/27/2021 To edit text (bc).
August 24, 2021 Opinion or Order Filing 12 MOTION to Appear Pro Hac Vice by Thomas H. Watkins for Gregg N. Sofer ( Filing fee $ 100 receipt number 0542-15147786) by on behalf of BCFS Health and Human Services. (Watkins, Thomas)
August 20, 2021 Opinion or Order Filing 11 ORDER GRANTING #4 Motion to Appear Pro Hac Vice for Attorney Michael J. Schrier for BCFS Health and Human Services. 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. Signed by Judge Jason K. Pulliam. (mgr)
August 20, 2021 Opinion or Order Filing 10 ORDER --Accordingly, the Court sets the following briefing schedule for the pending motion. Defendants shall file any response on or before September 3, 2021. Plaintiff may file a reply brief on or before September 10, 2021. Signed by Judge Jason K. Pulliam. (mgr)
August 20, 2021 Opinion or Order Filing 9 Text Order GRANTING #7 Plaintiff's Motion for Leave to Exceed Page Limit. The Court grants Plaintiff leave to exceed the usual page limit and accepts the motion (ECF No. #6 ) as filed. Entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rw)
August 19, 2021 Opinion or Order Filing 8 Summons Issued as to Xavier Becerra, Jessica Looman, United States Department of Health and Human Services, United States Department of Labor, Marty J. Walsh. (mgr)
August 18, 2021 Opinion or Order Case assigned to Judge Jason K. Pulliam. 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. (mgr)
August 18, 2021 Opinion or Order If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (mgr)
August 18, 2021 Opinion or Order Filing 7 MOTION for Leave to Exceed Page Limitation [Related to Document No. 6] by BCFS Health and Human Services. (Attachments: #1 Proposed Order)(Watkins, Thomas)
August 18, 2021 Opinion or Order Filing 6 MOTION for Preliminary Injunction by BCFS Health and Human Services. (Attachments: #1 Declaration of Claudia Oliveira, #2 Declaration of Michael J. Schrier, #3 Proposed Order)(Watkins, Thomas)
August 18, 2021 Opinion or Order Filing 5 ATTACHMENT - Correction for Exhibit 21 to #1 Complaint,, by BCFS Health and Human Services. (Watkins, Thomas)
August 18, 2021 Opinion or Order Filing 4 MOTION to Appear Pro Hac Vice by Thomas H. Watkins for Michael Schrier ( Filing fee $ 100 receipt number 0542-15131489) by on behalf of BCFS Health and Human Services. (Watkins, Thomas)
August 18, 2021 Opinion or Order Filing 3 RULE 7 DISCLOSURE STATEMENT filed by BCFS Health and Human Services. (Watkins, Thomas)
August 18, 2021 Opinion or Order Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by BCFS Health and Human Services. (Watkins, Thomas)
August 18, 2021 Opinion or Order Filing 1 COMPLAINT for Preliminary and Permanent Injunctive Relief and Declaratory Judgment ( Filing fee $ 402 receipt number 0542-15129604). No Summons requested at this time, filed by BCFS Health and Human Services. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Civil Cover Sheet)(Watkins, Thomas)

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Defendant: BCFS Health and Human Services
Represented By: Thomas H. Watkins
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Defendant: United States Department of Labor
Represented By: Daniel M. Riess
Represented By: Faith Johnson Lowry
Represented By: Kristina Wolfe
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Defendant: Marty J. Walsh, Secretary
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Defendant: Jessica Looman, Acting Administrator
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Defendant: United States Department of Health and Human Services
Represented By: Daniel M. Riess
Represented By: Faith Johnson Lowry
Represented By: Kristina Wolfe
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Defendant: Xavier Becerra, Secretary
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Defendant: Marty J. Walsh
Represented By: Kristina Wolfe
Represented By: Daniel M. Riess
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Defendant: Jessica Looman
Represented By: Kristina Wolfe
Represented By: Daniel M. Riess
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Defendant: Xavier Becerra
Represented By: Kristina Wolfe
Represented By: Daniel M. Riess
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Defendant: Merrick B. Garland
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