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Case: Franciscan Alliance, LLC v. Burwell

7:16-cv-00108 | U.S. District Court for the Northern District of Texas

Filed Date: Aug. 23, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 23, 2016, religiously-affiliated health organizations and five states (Texas, Wisconsin, Nebraska, Kentucky, and Kansas) filed this lawsuit in the U.S. District Court for the Northern District of Texas. The plaintiffs sued the Department of Health and Human Services (HHS) and its Secretary under the Administrative Procedure Act and the Religious Freedom Restoration Act claiming violations of these Acts, as well as their First, Fifth, Tenth, and Eleventh Amendment rights. The plaintiff…

On August 23, 2016, religiously-affiliated health organizations and five states (Texas, Wisconsin, Nebraska, Kentucky, and Kansas) filed this lawsuit in the U.S. District Court for the Northern District of Texas. The plaintiffs sued the Department of Health and Human Services (HHS) and its Secretary under the Administrative Procedure Act and the Religious Freedom Restoration Act claiming violations of these Acts, as well as their First, Fifth, Tenth, and Eleventh Amendment rights. The plaintiffs claimed that new regulations promulgated by HHS, which redefined the word "sex" to include gender identity, stereotypes, and termination of pregnancy, required health care providers to provide health programs and procedures which "violate[d] their medical judgment" and "their deeply held religious beliefs" (including performing/referring transition procedures, discussing transition procedures as current standards of care, using appropriate gender-transition affirming language, providing sex-specific facilities based on gender identity, etc.).

The plaintiffs, represented by the Becket Fund for Religious Liberty, sought declaratory, injunctive, and monetary relief. Specifically, the plaintiffs asked the court to declare the regulations invalid, enjoin enforcement of the regulations, and award actual and nominal damages as well as the costs of the action and attorneys' fees.

On September 16, 2016, the American Civil Liberties Union of Texas and the River City Gender Alliance (collectively, "putative intervenors") moved to intervene as defendants. On October 21, 2016, the plaintiffs moved for summary judgment and, in the alternative, a preliminary injunction. On November 1, 2016, District Judge Reed O'Connor denied the putative intervenors' motion to stay preliminary injunction proceedings pending resolution of the motion to intervene.

A hearing was held on December 20, 2016, and Judge O'Connor granted the preliminary injunction on December 31, 2016, on the grounds that "the regulation violate[d] the Administrative Procedure Act ('APA') by contradicting existing law and exceeding statutory authority, and the regulation likely violate[d] the Religious Freedom Restoration Act ('RFRA') as applied to Private Plaintiffs." The court did not consider the motions for summary judgment at the hearing. 227 F.Supp.3d 660.

The defendants moved to stay the court's preliminary injunction, but the stay was denied on January 24, 2017. Judge O'Connor also found that the putative intervenors could not intervene as of right because it was yet unclear whether the defendants would adequately represent the putative intervenors' interests; he deferred ruling on the putative intervenors' request for permissive intervention. 2017 WL 2964088.

On January 30, 2017, the putative intervenors filed an interlocutory appeal to the US Court of Appeals for the Fifth Circuit. On June 30, 2017, a panel of the Fifth Circuit, per curiam, dismissed the appeal because the district court had not ruled on the putative intervenors' motion for permissive intervention and therefore had not conclusively resolved the intervention issue.

On May 2, 2017, while the putative intervenors' appeal to the Fifth Circuit was pending, the defendants filed a motion for voluntary remand and stay, arguing that HHS should be given the opportunity to reconsider the regulation at issue in this case, which would conserve the resources of both parties and the court. On July 10, 2017, Judge O'Connor declined to remand the case, but imposed a stay of all proceedings while HHS reconsidered the regulation. He also ordered the defendants to file a status report on or before August 4, 2017, identifying any rulemaking proceedings initiated with respect to the challenged regulation. Furthermore, he clarified that the December 31, 2016, preliminary injunction order would be unaffected by the stay and would remain in full force and effect throughout the stay.

On August 4, 2017, the defendants filed a status report indicating that "a draft of a proposed rule is going through the clearance process within the Executive Branch." On August 16, 2017, Judge O'Connor ordered the defendants to file another status report on or before October 16, 2017, and every 60 days thereafter. After multiple additional status reports, the parties filed a joint motion to lift the stay on December 17, 2018, which Judge O'Connor granted.

The parties resumed litigating the case, with the ACLU of Texas and River City Gender Alliance renewing their motion to intervene on February 1, 2019 and the plaintiffs renewing their motions for summary judgment on February 4. On March 21, 2019, the plaintiff State of Wisconsin requested an order from the court dismissing it from the case because it "no longer [had] an interest in pursuing its claims." Litigation among the remaining parties continued.

HHS filed a notice of proposed rule-making that proposed to amend the HHS regulations implementing Section 1557 of the Patient Protection and Affordable Care Act, 42 U.S.C. § 18116. Shortly after, the defendants filed a motion renewing their request that the Court postpone ruling on the plaintiffs’ summary judgment motions to allow HHS the opportunity to amend the regulations. They argued that "the proposed rule, if finalized in relevant part, would likely moot this case and Plaintiffs [would] not be harmed in the interim because the relevant parts of the current regulations are presently enjoined nationwide." The amended regulation would not include a definition of "sex" for purposes of discrimination on the basis of sex, but instead would incorporate the meaning as defined by Title IX.

After a motion hearing on September 16, 2019, Judge O'Connor issued an opinion on October 15, 2019 that (1) granted the ACLU of Texas and the River City Gender Alliance's motion to intervene; (2) granted in part the plaintiffs' motions for summary judgment and permanent injunction; (3) severed the plaintiffs' APA and RFRA claims from their Title VII, Spending Clause, First Amendment, Tenth Amendment, and Eleventh Amendment claims; and (4) adopted the reasoning from the December 31, 2016 order granting preliminary injunction in holding that the rule violated the APA and RFRA. The court vacated and remanded the rule for further consideration. 414 F. Supp. 3d 928. The court later went on to amend the judgment on November 21, clarifying that only the portion of the rule challenged in this litigation was vacated and remanded.

On January 21, 2020, the plaintiffs appealed the October 15 ruling to the Fifth Circuit, challenging the order granting in part and denying in part the motion for summary judgment. Additionally, they challenged the November 21 amendment to the judgment. 

In an April 22, 2021 per curiam opinion, the Fifth Circuit found that key developments since filing of the appeal—including an amended regulation that had since been released by HHS, as well as the Supreme Court ruling in Bostock v. Clayton County holding that Title VII's prohibition on sex discrimination included gender identity—prevented them from reaching the merits of the appeal. In addition, two district courts had ordered preliminary injunctions against the amended regulation, reinstating parts of the 2016 regulation, as a result of the Bostock decision. The Department of Justice had also issued guidance to federal agencies on how to apply Bostock's definition of sex discrimination to Title IX. The appellate court remanded the case and ordered the parties to file a joint status report detailing how they believed the case should proceed. The parties then filed a joint status report, in which the plaintiffs stated their intent to seek judgment as a matter of law. 

The plaintiffs again sought a permanent injunction, but the defendants argued that the case was moot as a result of the promulgation of the amended rule in 2020. On August 16, 2021, the court granted the permanent injunction on the basis that the plaintiffs’ only two options if the injunction was not granted were either to defy the law or violate their religious beliefs. The defendants appealed this decision. 

On August 26, 2022, the Fifth Circuit held that the plaintiffs’ APA claim was mooted by the 2020 amended rule, which effectively granted the relief that the plaintiffs sought by vacating the 2016 rule’s prohibition of discrimination on the basis of pregnancy termination and gender identity. The appellate court found that there was no other relief the court could grant for the APA claim beyond the relief provided by the amended rule. The Fifth Circuit affirmed the rest of the district court’s judgment thereby upholding the permanent injunction. The defendants argument had implied that there was a difference between bringing a suit against a statute versus the agency that enforced it. Defendants argued that plaintiffs could not seek injunctive relief against a statute because they had no standing to sue a statute. The court said that this argument was false because bringing a suit against an agency is equivalent to bringing a suit against the statute that gave the agency the power to act. The court also held that it was within the district court's power to grant relief that wasn't asked for by plaintiffs as long as it did not prejudice defendants, which did not occur here because the defendants had the opportunity to argue that the proposed relief was improper. 47 F.4th 368.

On September 29, 2022, the court administratively closed the portions of the plaintiffs' claims that had previously been stayed, including those arising under Title VII, the Spending Clause, the First Amendment, the Tenth Amendment, and the Eleventh Amendment. 

This case was ongoing as of October 23, 2022. 

Summary Authors

Rachel Barr (2/20/2017)

Lisa Limb (3/22/2019)

Alex Moody (5/29/2020)

Rhea Sharma (10/23/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4531992/parties/franciscan-alliance-inc-v-price/


Judge(s)

O'Connor, Reed Charles (Texas)

Attorneys(s) for Plaintiff

Barclay, Stephanie Hall (District of Columbia)

Davis, Joseph C. (District of Columbia)

Goodrich, Luke W. (District of Columbia)

Hacker, David J. (Texas)

Kilpatrick, Steven Carl (Wisconsin)

Nimocks, Austin R. (District of Columbia)

Rienzi, Mark (District of Columbia)

Thompson, William Thomas (Texas)

Toth, Michael C. (Texas)

Judge(s)

O'Connor, Reed Charles (Texas)

Attorneys(s) for Plaintiff

Barclay, Stephanie Hall (District of Columbia)

Davis, Joseph C. (District of Columbia)

Goodrich, Luke W. (District of Columbia)

Hacker, David J. (Texas)

Kilpatrick, Steven Carl (Wisconsin)

Nimocks, Austin R. (District of Columbia)

Rienzi, Mark (District of Columbia)

Thompson, William Thomas (Texas)

Toth, Michael C. (Texas)

Attorneys(s) for Defendant

Grogg, Adam Anderson (District of Columbia)

Haas, Alexander K (District of Columbia)

Heaps, Bailey Wilson (District of Columbia)

Humphreys, Bradley Philip (District of Columbia)

Mach, Daniel (District of Columbia)

Martin, Rhett (District of Columbia)

Nestler, Emily B. (District of Columbia)

Other Attorney(s)

Amiri, Brigitte A. (New York)

Block, Joshua A (New York)

Cohn, Kali Alanna (Texas)

Esseks, James Dixon (New York)

Hauss, Brian M. (New York)

Kaley, Lindsey (New York)

Klosterboer, Brian (Texas)

Melling, Louise (New York)

Miller, Amy A. (Nebraska)

Richters, Rebecca Scout (Nebraska)

Robertson, Rebecca Lynn (Texas)

Segura, Andre (Texas)

Documents in the Clearinghouse

Document

7:16-cv-00108

Docket [PACER]

Franciscan Alliance, Inc. v. Burwell

April 21, 2020

April 21, 2020

Docket
1

7:16-cv-00108

Complaint

Franciscan Alliance, Inc. v. Burwell

Aug. 23, 2016

Aug. 23, 2016

Complaint
21

7:16-cv-00108

First Amended Complaint

Franciscan Alliance, Inc. v. Burwell

Oct. 17, 2016

Oct. 17, 2016

Complaint
62

7:16-cv-00108

Order

Franciscan Alliance, Inc. v. Burwell

Dec. 31, 2016

Dec. 31, 2016

Order/Opinion
69

7:16-cv-00108

Order

Franciscan Alliance, Inc. v. Burwell

Jan. 24, 2017

Jan. 24, 2017

Order/Opinion
105

7:16-cv-00108

Order

July 10, 2017

July 10, 2017

Order/Opinion
126

7:16-cv-00108

Order

Dec. 17, 2018

Dec. 17, 2018

Order/Opinion
175

7:16-cv-00108

Memorandum Opinion and Order

Oct. 15, 2019

Oct. 15, 2019

Order/Opinion
197

20-10093

Opinion of USCA

Franciscan Alliance, LLC v. Becerra

U. S. Court of Appeals for the Fifth Circuit

April 22, 2021

April 22, 2021

Order/Opinion
206

7:16-cv-00108

Memorandum Opinion and Order

Franciscan Alliance, LLC v. Becerra

Aug. 16, 2021

Aug. 16, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4531992/franciscan-alliance-inc-v-price/

Last updated Oct. 21, 2022, 4:35 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT WITH JURY DEMAND against All Defendants filed by Nebraska, State of, Speciality Physicians of illinois, LLC, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Christian Medical and Dental Society, Kansas, Franciscan Alliance, Inc., Texas, State of, Wisconsin State of. (Filing fee $400; Receipt number 0539-7816698) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy 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, # 2 Cover Sheet Supplement, # 3 Additional Page(s) Notice of Related Case) (Nimocks, Austin) (Entered: 08/23/2016)

1 Cover Sheet

View on RECAP

2 Cover Sheet Supplement

View on RECAP

3 Additional Page(s) Notice of Related Case

View on RECAP

Aug. 23, 2016

Aug. 23, 2016

Clearinghouse
2

New Case Notes: A filing fee has been paid. No court file needed. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ray). Clerk to provide copy to plaintiff if not received electronically. (plp) (Entered: 08/23/2016)

Aug. 23, 2016

Aug. 23, 2016

PACER
3

Summons issued as to Sylvia Burwell, U.S. Department of Health and Human Services, U.S. Attorney, and U.S. Attorney General. (plp) (Entered: 08/23/2016)

Aug. 23, 2016

Aug. 23, 2016

PACER
4

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Christian Medical and Dental Society, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC. (Nimocks, Austin) (Entered: 08/26/2016)

Aug. 26, 2016

Aug. 26, 2016

RECAP
5

SUMMONS Returned Executed as to Sylvia Burwell ; served on 8/30/2016. (Nimocks, Austin) (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

RECAP
6

SUMMONS Returned Executed as to U.S. Department of Health and Human Services ; served on 8/30/2016. (Nimocks, Austin) (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

RECAP
7

MOTION to Intervene filed by American Civil Liberties Union of Texas, River City Gender Alliance (Attachments: # 1 Proposed Order). Party American Civil Liberties Union of Texas added.Attorney Rebecca L Robertson added to party American Civil Liberties Union of Texas (pty:intvd), Attorney Rebecca L Robertson added to party River City Gender Alliance(pty:intvd) (Robertson, Rebecca) (Entered: 09/16/2016)

1 Proposed Order

View on RECAP

Sept. 16, 2016

Sept. 16, 2016

RECAP
8

Brief/Memorandum in Support filed by American Civil Liberties Union of Texas, River City Gender Alliance re 7 MOTION to Intervene (Robertson, Rebecca) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

RECAP
9

Appendix in Support filed by American Civil Liberties Union of Texas, River City Gender Alliance re 8 Brief/Memorandum in Support of Motion (Robertson, Rebecca) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

RECAP
10

ANSWER to 1 Complaint,,,,, filed by American Civil Liberties Union of Texas, River City Gender Alliance. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Robertson, Rebecca) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

RECAP
11

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by American Civil Liberties Union of Texas, River City Gender Alliance. (Robertson, Rebecca) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

RECAP
12

MOTION for Extension of Time to File Response/Reply to 7 MOTION to Intervene filed by Christian Medical and Dental Society, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC (Goodrich, Luke) (Entered: 10/03/2016)

Oct. 3, 2016

Oct. 3, 2016

RECAP
13

SUMMONS Returned Executed. (Nimocks, Austin) (Entered: 10/05/2016)

Oct. 5, 2016

Oct. 5, 2016

RECAP
14

SUMMONS Returned Executed. (Nimocks, Austin) (Entered: 10/05/2016)

Oct. 5, 2016

Oct. 5, 2016

PACER
15

ORDER: It is ORDERED that counsel for the putative intervenors, James Esseks and Rebecca Robertson, file briefing explaining why they are opposed to Plaintiffs' Motion for Extension of Time 12 on or before October 7, 2016. Should Plaintiffs find it necessary to reply, they must do so on or before October 10, 2016. (Ordered by Judge Reed C O'Connor on 10/5/2016) (skg) (Entered: 10/05/2016)

Oct. 5, 2016

Oct. 5, 2016

RECAP
16

Brief/Memorandum in Support filed by American Civil Liberties Union of Texas, River City Gender Alliance re 12 MOTION for Extension of Time to File Response/Reply to 7 MOTION to Intervene, 15 Order Setting Deadline/Hearing, (Robertson, Rebecca) (Entered: 10/05/2016)

Oct. 5, 2016

Oct. 5, 2016

RECAP
17

REPLY filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Kansas, State of Nebraska, State of Texas, State of Wisconsin re: 12 MOTION for Extension of Time to File Response/Reply to 7 MOTION to Intervene (Goodrich, Luke) (Entered: 10/06/2016)

Oct. 6, 2016

Oct. 6, 2016

RECAP
18

NOTICE of Attorney Appearance by Adam Anderson Grogg on behalf of Sylvia Burwell, U.S. Department of Health and Human Services. (Filer confirms contact info in ECF is current.) (Grogg, Adam) (Entered: 10/07/2016)

Oct. 7, 2016

Oct. 7, 2016

PACER
19

RESPONSE filed by Sylvia Burwell, U.S. Department of Health and Human Services re: 7 MOTION to Intervene (Grogg, Adam) (Entered: 10/07/2016)

Oct. 7, 2016

Oct. 7, 2016

RECAP
20

ORDER granting 12 Motion for Extension of Time to Respond to Motion toIntervene. (Ordered by Judge Reed C O'Connor on 10/7/2016) (trt) (Entered: 10/07/2016)

Oct. 7, 2016

Oct. 7, 2016

RECAP
21

AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by State of Nebraska, Specialty Physicians of Illinois, LLC, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Christian Medical and Dental Society, State of Kansas, Franciscan Alliance, Inc., State of Texas, State of Wisconsin, State of Louisiana, State of Arizona, State of Mississippi. 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. (Nimocks, Austin) (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

Clearinghouse
22

MOTION for Summary Judgment (Partial) filed by Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin (Attachments: # 1 Proposed Order)Attorney Austin R Nimocks added to party State of Arizona(pty:pla), Attorney Austin R Nimocks added to party State of Louisiana(pty:pla), Attorney Austin R Nimocks added to party State of Mississippi(pty:pla) (Nimocks, Austin) (Entered: 10/21/2016)

1 Proposed Order

View on RECAP

Oct. 21, 2016

Oct. 21, 2016

RECAP
23

Brief/Memorandum in Support filed by Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re 22 MOTION for Summary Judgment (Partial) (Nimocks, Austin) (Entered: 10/21/2016)

Oct. 21, 2016

Oct. 21, 2016

RECAP
24

MOTION for Summary Judgment (Partial) filed by Christian Medical and Dental Society, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC (Goodrich, Luke) (Entered: 10/21/2016)

Oct. 21, 2016

Oct. 21, 2016

RECAP
25

Brief/Memorandum in Support filed by Christian Medical and Dental Society, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC re 24 MOTION for Summary Judgment (Partial) (Goodrich, Luke) (Entered: 10/21/2016)

Oct. 21, 2016

Oct. 21, 2016

RECAP
26

Appendix in Support filed by Christian Medical and Dental Society, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC re 24 MOTION for Summary Judgment (Partial) (Goodrich, Luke) (Entered: 10/21/2016)

Oct. 21, 2016

Oct. 21, 2016

RECAP
27

MOTION to Stay BRIEFING ON PLAINTIFFS DISPOSITIVE MOTIONS AND RESET DEADLINES FOR RESPONDING TO MOTION TO INTERVENE filed by American Civil Liberties Union of Texas, River City Gender Alliance (Attachments: # 1 Proposed Order) (Robertson, Rebecca) (Entered: 10/24/2016)

1 Proposed Order

View on PACER

Oct. 24, 2016

Oct. 24, 2016

RECAP
28

MOTION to Set Schedule for Preliminary Injunction Proceedings filed by Sylvia Burwell, U.S. Department of Health and Human Services with Brief/Memorandum in Support. (Grogg, Adam) (Entered: 10/26/2016)

Oct. 26, 2016

Oct. 26, 2016

RECAP
29

RESPONSE filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re: 27 MOTION to Stay BRIEFING ON PLAINTIFFS DISPOSITIVE MOTIONS AND RESET DEADLINES FOR RESPONDING TO MOTION TO INTERVENE (Goodrich, Luke) (Entered: 10/28/2016)

Oct. 28, 2016

Oct. 28, 2016

RECAP
30

REPLY filed by American Civil Liberties Union of Texas, River City Gender Alliance re: 27 MOTION to Stay BRIEFING ON PLAINTIFFS DISPOSITIVE MOTIONS AND RESET DEADLINES FOR RESPONDING TO MOTION TO INTERVENE (Robertson, Rebecca) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

RECAP
31

MOTION to Expedite Telephonic Status Conference filed by Sylvia Burwell, U.S. Department of Health and Human Services with Brief/Memorandum in Support. (Grogg, Adam) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

RECAP
32

ORDER granting in part and denying in part 28 Motion. See order for details. (Ordered by Judge Reed C O'Connor on 11/1/2016) (Judge Reed C O'Connor) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

RECAP

Hearing/Deadline Modification: Deadlines/hearings set per 32 Order on Motion for Miscellaneous Relief. Supplemental briefing due by 11/9/2016. Responses due by 11/23/2016. Replies due by 11/30/2016. (skg)

Nov. 1, 2016

Nov. 1, 2016

PACER

Modify Hearings/Deadlines

Nov. 1, 2016

Nov. 1, 2016

PACER
33

ORDER: Defendants' Motion to Expedite Telephonic Status Conference 31 is GRANTED in part and DENIED in part. This motion is GRANTED in that their request for a hearing will take place at 9:00 AM on November 7, 2016. Note: the hearing will take place in the District Judge's Courtroom, 2nd floor, 501 W. 10th Street, Fort Worth, Texas. This motion is DENIED in that the Court does not typically hold hearings by telephone. (Ordered by Judge Reed C O'Connor on 11/2/2016) (skg) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

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34

NOTICE of Defendants re: 33 Order Setting Deadline/Hearing, Terminate Motions,, filed by Sylvia Burwell, U.S. Department of Health and Human Services (Grogg, Adam) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
35

CERTIFICATE OF SERVICE by State of Texas on U.S. Attorney, Northern District of Texas (Nimocks, Austin) (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

PACER
36

ORDER: Defendants have withdrawn their request for a status conference and indicate the concerns that motivated them to request a status conference have been fully resolved. Accordingly, the hearing set for November 7, 2016 is cancelled. (Ordered by Judge Reed C O'Connor on 11/3/2016) (skg) (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

PACER
37

Brief/Memorandum in Support filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re 22 MOTION for Summary Judgment (Partial), 24 MOTION for Summary Judgment (Partial) Supplemental Brief in support of Motions for Preliminary Injunction (Nimocks, Austin) (Entered: 11/09/2016)

Nov. 9, 2016

Nov. 9, 2016

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38

MOTION for Reconsideration filed by American Civil Liberties Union of Texas, River City Gender Alliance with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Robertson, Rebecca) (Entered: 11/10/2016)

1 Proposed Order

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Nov. 10, 2016

Nov. 10, 2016

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39

Consent MOTION for Leave to File Excess Pages (), Motion for Extension of Time to File Answer filed by Sylvia Burwell, U.S. Department of Health and Human Services with Brief/Memorandum in Support. (Grogg, Adam) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

RECAP
40

ORDER granting 39 Defendants' Consent Motion for Expanded Page Limit for Opposition to Plaintiffs' Preliminary Injunction Motions and for Extension of Time to Respond to the Complaint. Defendants' answer to Plaintiffs' operative complaint shall be due 25 days after the Court issues its ruling on Plaintiffs' preliminary injunction motions. (Ordered by Judge Reed C O'Connor on 11/15/2016) (ewd) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

RECAP
41

RESPONSE filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re: 38 MOTION for Reconsideration (Nimocks, Austin) (Entered: 11/17/2016)

Nov. 17, 2016

Nov. 17, 2016

RECAP
42

NOTICE of Attorney Appearance by Emily Brooke Nestler-DOJ on behalf of Sylvia Burwell, U.S. Department of Health and Human Services. (Filer confirms contact info in ECF is current.) (Nestler-DOJ, Emily) (Entered: 11/17/2016)

Nov. 17, 2016

Nov. 17, 2016

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43

REPLY filed by American Civil Liberties Union of Texas, River City Gender Alliance re: 38 MOTION for Reconsideration (Robertson, Rebecca) (Entered: 11/21/2016)

Nov. 21, 2016

Nov. 21, 2016

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44

Unopposed MOTION for Leave to File Overlength Brief filed by American Civil Liberties Union of Texas, River City Gender Alliance (Attachments: # 1 Proposed Order) (Robertson, Rebecca) (Entered: 11/21/2016)

1 Proposed Order

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Nov. 21, 2016

Nov. 21, 2016

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45

ORDER: Putative Intervenors' Unopposed Motion for Expanding Page Limit for Amici Curiae Brief in Opposition to Plaintiffs' Motions for Preliminary Injunction 44 should be and is hereby GRANTED. (Ordered by Judge Reed C O'Connor on 11/22/2016) (skg) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

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46

NOTICE of Attorney Appearance by Bailey Wilson Heaps-DOJ on behalf of Sylvia Burwell, U.S. Department of Health and Human Services. (Filer confirms contact info in ECF is current.) (Heaps-DOJ, Bailey) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

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NOTICE of Attorney Appearance by Brian Matthew Hauss on behalf of American Civil Liberties Union of Texas, River City Gender Alliance. (Filer confirms contact info in ECF is current.) (Hauss, Brian) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

PACER
48

NOTICE of Attorney Appearance by Brigitte Adrienne Amiri on behalf of American Civil Liberties Union of Texas, River City Gender Alliance. (Filer confirms contact info in ECF is current.) (Amiri, Brigitte) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

PACER
49

NOTICE of Attorney Appearance by Louise Melling on behalf of American Civil Liberties Union of Texas, River City Gender Alliance. (Filer confirms contact info in ECF is current.) (Melling, Louise) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

PACER
50

RESPONSE filed by Sylvia Burwell, U.S. Department of Health and Human Services re: 22 MOTION for Summary Judgment (Partial), 24 MOTION for Summary Judgment (Partial) (Grogg, Adam) (Entered: 11/23/2016)

Nov. 23, 2016

Nov. 23, 2016

RECAP
51

NOTICE of Attorney Appearance by James Esseks on behalf of American Civil Liberties Union of Texas, River City Gender Alliance. (Filer confirms contact info in ECF is current.) (Esseks, James) (Entered: 11/23/2016)

Nov. 23, 2016

Nov. 23, 2016

PACER
52

NOTICE of Attorney Appearance by Joshua Block on behalf of American Civil Liberties Union of Texas, River City Gender Alliance. (Filer confirms contact info in ECF is current.) (Block, Joshua) (Entered: 11/23/2016)

Nov. 23, 2016

Nov. 23, 2016

RECAP
53

RESPONSE filed by American Civil Liberties Union of Texas, River City Gender Alliance re: 22 MOTION for Summary Judgment (Partial), 24 MOTION for Summary Judgment (Partial) (Hauss, Brian) (Entered: 11/23/2016)

Nov. 23, 2016

Nov. 23, 2016

RECAP
54

Consent MOTION for Leave to File Excess Pages, MOTION for Extension of Time to File Response/Reply to 50 Response/Objection () filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin (Goodrich, Luke) (Entered: 11/28/2016)

Nov. 28, 2016

Nov. 28, 2016

PACER
55

ORDER: GRANTING Plaintiffs' Consent Motion for Expanded Page Limit and Extension of Time to File Replies in Support of Preliminary Injunction 54, filed November 28, 2016. Plaintiffs request (1) extension of the deadline to file replies in support of preliminary injunction; (2) leave to file reply briefs that exceed the Courts 10-page limit. Accordingly, Plaintiffs reply briefs may exceed the 10-page limit and shall be due December 2, 2016. (Ordered by Judge Reed C O'Connor on 11/29/2016) (skg) (Entered: 11/29/2016)

Nov. 29, 2016

Nov. 29, 2016

PACER
56

REPLY filed by Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re: 22 MOTION for Summary Judgment (Partial) (Attachments: # 1 Declaration(s) in support of State Plaintiffs' Reply Brief) (Nimocks, Austin) (Entered: 12/02/2016)

1 Declaration(s) in support of State Plaintiffs' Reply Brief

View on RECAP

Dec. 2, 2016

Dec. 2, 2016

RECAP
57

REPLY filed by Christian Medical and Dental Society, Franciscan Alliance, Inc. re: 24 MOTION for Summary Judgment (Partial) (Attachments: # 1 Declaration(s)) (Goodrich, Luke) (Entered: 12/02/2016)

1 Declaration(s)

View on PACER

Dec. 2, 2016

Dec. 2, 2016

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58

ORDER: The Court sets Plaintiffs' Motions for Preliminary Injunction 22 AND 24 for hearing at 9:00 a.m. on December 20, 2016. The hearing will convene in the District Judges Courtroom, 2nd floor, 1000 Lamar Street, Wichita Falls, Texas. (Ordered by Judge Reed C O'Connor on 12/6/2016) (skg) (Entered: 12/06/2016)

Dec. 6, 2016

Dec. 6, 2016

PACER
59

NOTICE of Attorney Appearance by Mark Rienzi on behalf of Christian Medical and Dental Society, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC. (Filer confirms contact info in ECF is current.) (Rienzi, Mark) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

RECAP
60

NOTICE of Filing Evidence in Support re: 56 Reply, 22 MOTION for Summary Judgment (Partial) filed by Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin (Nimocks, Austin) (Entered: 12/19/2016)

Dec. 19, 2016

Dec. 19, 2016

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61

ELECTRONIC Minute Entry for proceedings held before Judge Reed C O'Connor: Evidentiary Hearing held on 12/20/2016. Attorney Appearances: Plaintiff - Mark Rienzi, Austin R Nimocks; Defense - Adam Anderson Grogg. (Court Reporter: Denver Roden) (No exhibits) Time in Court - 3:10. (chmb) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

PACER
62

ORDER granting injunction and not reaching Motions for Summary Judgment. (Ordered by Judge Reed C O'Connor on 12/31/2016) (Judge Reed C O'Connor) (Entered: 12/31/2016)

Dec. 31, 2016

Dec. 31, 2016

Clearinghouse
63

MOTION to Stay Preliminary Injunction filed by American Civil Liberties Union of Texas, River City Gender Alliance (Hauss, Brian) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

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64

ORDER Expediting Briefing on 63 Motion to Stay (Ordered by Judge Reed C. O'Connor on 1/9/2017) (chmb) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER

Hearing/Deadline Modification: Deadlines/hearings set per 64 Order on Motion to Stay. Responses due by 1/17/2017. Replies due by 1/20/2017. (skg)

Jan. 9, 2017

Jan. 9, 2017

PACER

Modify Hearings/Deadlines

Jan. 9, 2017

Jan. 9, 2017

PACER
65

RESPONSE filed by Sylvia Burwell, U.S. Department of Health and Human Services re: 63 MOTION to Stay Preliminary Injunction (Grogg, Adam) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

RECAP
66

Motion for Extension of Time to File Answer filed by Sylvia Burwell, U.S. Department of Health and Human Services with Brief/Memorandum in Support. (Grogg, Adam) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

RECAP
67

RESPONSE filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re: 63 MOTION to Stay Preliminary Injunction (Nimocks, Austin) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

RECAP
68

REPLY filed by American Civil Liberties Union of Texas, River City Gender Alliance re: 63 MOTION to Stay Preliminary Injunction (Hauss, Brian) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

RECAP
69

ORDER granting in part and denying in part 63 Motion for Ruling and Stay; and granting 66 Motion for Extension. Defendants' answer to Plaintiffs' operative complaint shall be due on or before March 1, 2017. Plaintiffs and Defendants must file a response to Putative Intervenors' request for permissive intervention on or before February 8, 2017. See order for details. (Ordered by Judge Reed C. O'Connor on 1/24/2017) (chmb) (aba) (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

Clearinghouse
70

NOTICE of Attorney Appearance by Daniel Irwin Mach on behalf of American Civil Liberties Union of Texas, River City Gender Alliance. (Filer confirms contact info in ECF is current.) (Mach, Daniel) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

RECAP
71

NOTICE OF INTERLOCUTORY APPEAL as to 62 Order on Motion for Summary Judgment to the Fifth Circuit by American Civil Liberties Union of Texas, River City Gender Alliance. Filing fee $505, receipt number 0539-8170756. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Hauss, Brian) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

RECAP
72

NOTICE OF INTERLOCUTORY APPEAL as to 69 Order on Motion to Stay, to the Fifth Circuit by American Civil Liberties Union of Texas, River City Gender Alliance. Filing fee $505, receipt number 0539-8180447. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Hauss, Brian) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

RECAP
73

RESPONSE filed by Sylvia Burwell, U.S. Department of Health and Human Services re: 69 Order on Motion to Stay, (Grogg, Adam) (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

RECAP
74

RESPONSE filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re: 69 Order on Motion to Stay, (Goodrich, Luke) (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

RECAP

USCA Case Number 17-10135 in USCA5 for 71 Notice of Appeal filed by River City Gender Alliance, American Civil Liberties Union of Texas. (skg)

Feb. 9, 2017

Feb. 9, 2017

PACER

USCA Case Number

Feb. 9, 2017

Feb. 9, 2017

PACER
75

NOTICE of Attorney Appearance by Stephanie Hall Barclay on behalf of Christian Medical and Dental Society, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC. (Filer confirms contact info in ECF is current.) (Barclay, Stephanie) (Entered: 02/13/2017)

Feb. 13, 2017

Feb. 13, 2017

PACER

Appeal Record Certified/Transmitted

Feb. 14, 2017

Feb. 14, 2017

PACER

Record on Appeal for USCA5 17-10135 (related to 71 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so, since the USCA5 briefing deadline has now been set. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. EROA Access granted to Attorney Brigitte Adrienne Amiri for Appellant River City Gender Alliance. (skg)

Feb. 14, 2017

Feb. 14, 2017

PACER
76

REPLY filed by American Civil Liberties Union of Texas re: 7 MOTION to Intervene (Hauss, Brian) (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

RECAP

Notice (Other)

Feb. 16, 2017

Feb. 16, 2017

PACER

Re: USCA5 17-10135 APPEARANCE FORM FILED by Attorney(s): Scott A. Keller for party(s) Appellee State of Arizona Appellee State of Kansas Appellee Commonwealth of Kentucky Appellee State of Wisconsin Appellee State of Texas Appellee State of Louisiana Appellee State of Nebraska Appellee State of Mississippi, in case 17-10135 EROA access granted; APPEARANCE FORM FILED by Attorney: Luke William Goodrich for Appellee Specialty Physicians of Illinois, L.L.C. in 17-10135, Attorney Luke William Goodrich for Appellee Christian Medical and Dental Society in 17-10135, Attorney Luke William Goodrich for Appellee Franciscan Alliance, Incorporated in 17-10135 EROA access granted; APPEARANCE FORM FILED by Attorney: Stephanie Hall Barclay for party(s) Appellee Christian Medical and Dental Society Appellee Specialty Physicians of Illinois, L.L.C. Appellee Franciscan Alliance, Incorporated, in case 17-10135 EROA access granted. (skg)

Feb. 16, 2017

Feb. 16, 2017

PACER
77

NOTICE of Attorney Appearance by Amy Anne Miller on behalf of American Civil Liberties Union of Texas, River City Gender Alliance. (Filer confirms contact info in ECF is current.) (Miller, Amy) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

RECAP
78

Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to the Complaint filed by Sylvia Burwell, U.S. Department of Health and Human Services (Attachments: # 1 Proposed Order) (Nestler-DOJ, Emily) (Entered: 02/24/2017)

1 Proposed Order

View on PACER

Feb. 24, 2017

Feb. 24, 2017

RECAP
79

ORDER granting 78 Motion for Extension of Time to File Answer Sylvia Burwell answer due 5/2/2017; U.S. Department of Health and Human Services answer due 5/2/2017. (Ordered by Judge Reed C. O'Connor on 2/27/2017) (chmb) (aba) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER

Order Receipt

Feb. 28, 2017

Feb. 28, 2017

PACER

***Clerk's Notice of delivery: (see NEF for details) Docket No:79. Tue Feb 28 12:36:34 CST 2017 (crt)

Feb. 28, 2017

Feb. 28, 2017

PACER
80

APPEARANCE FORM FILED by Attorney(s) Heather Gebelin Hacker for party(s) Appellee State of Arizona Appellee State of Kansas Appellee Commonwealth of Kentucky Appellee State of Wisconsin Appellee State of Texas Appellee State of Louisiana Appellee State of Nebraska Appellee State of Mississippi, in USCA5 case 17-10135. EROA access granted. (skg) (Entered: 03/07/2017)

March 7, 2017

March 7, 2017

PACER
81

NOTICE of Dismissal Without Prejudice of Counts III-X and XIII-XX filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin (Nimocks, Austin) (Entered: 03/14/2017)

March 14, 2017

March 14, 2017

RECAP
82

MOTION for Summary Judgment filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin (Attachments: # 1 Proposed Order [Proposed] Order Granting Plaintiffs' Motion for Summary Judgment, # 2 Proposed Order [Proposed] Final Judgment and Permanent Injunction) (Nimocks, Austin) (Entered: 03/14/2017)

1 Proposed Order [Proposed] Order Granting Plaintiffs' Motion for Summary Jud

View on PACER

2 Proposed Order [Proposed] Final Judgment and Permanent Injunction

View on PACER

March 14, 2017

March 14, 2017

RECAP
83

Brief/Memorandum in Support filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re 82 MOTION for Summary Judgment (Nimocks, Austin) (Entered: 03/14/2017)

March 14, 2017

March 14, 2017

RECAP
84

Appendix in Support filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re 82 MOTION for Summary Judgment (Nimocks, Austin) (Entered: 03/14/2017)

March 14, 2017

March 14, 2017

RECAP
85

MOTION to Stay Pending Appeal filed by American Civil Liberties Union of Texas, River City Gender Alliance (Block, Joshua) (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

RECAP
86

MOTION for Extension of Time to File Response/Reply to 82 MOTION for Summary Judgment filed by Sylvia Burwell, U.S. Department of Health and Human Services (Grogg, Adam) (Entered: 04/04/2017)

April 4, 2017

April 4, 2017

RECAP
87

RESPONSE filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re: 86 MOTION for Extension of Time to File Response/Reply to 82 MOTION for Summary Judgment (Goodrich, Luke) (Entered: 04/04/2017)

April 4, 2017

April 4, 2017

RECAP
88

ORDER: Defendants' Motion for Extension of Time 86 to Respond to Plaintiffs' Motion for Summary Judgment is GRANTED. Accordingly, Defendants must file a Response to 82 Plaintiffs' Motion for Summary Judgment on or before May 2, 2017. (Ordered by Judge Reed C. O'Connor on 4/5/2017) (skg) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER

Case Details

State / Territory: Texas

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 23, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

States and religious organizations

Plaintiff Type(s):

State Plaintiff

Non-profit religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States of America , Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Due Process

Federalism (including 10th Amendment)

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Abortion

Gay/lesbian/transgender

Religious programs / policies

Discrimination-basis:

Gender identity

Reproductive rights:

Reproductive health care (including birth control, abortion, and others)

Benefit Source:

Medicaid

Medicare