Case: Family Equality v. Azar

1:20-cv-02403 | U.S. District Court for the Southern District of New York

Filed Date: March 19, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 19, 2020, Family Equality, True Colors United, and Services & Advocacy for LGBT Elders (SAGE) filed suit in the U.S. District Court for the Southern District of New York. Plaintiffs sued the United States Department of Health and Human Services (HHS) under the Administrative Procedure Act, challenging the Notice of Nonenforcement of Health and Human Services Grants Regulation. The Notice, issued by HHS in November 2019, announced that HHS would not enforce 45 C.F.R. § 75.300, which pro…

On March 19, 2020, Family Equality, True Colors United, and Services & Advocacy for LGBT Elders (SAGE) filed suit in the U.S. District Court for the Southern District of New York. Plaintiffs sued the United States Department of Health and Human Services (HHS) under the Administrative Procedure Act, challenging the Notice of Nonenforcement of Health and Human Services Grants Regulation. The Notice, issued by HHS in November 2019, announced that HHS would not enforce 45 C.F.R. § 75.300, which prohibited discrimination based on age, disability, sex, race, color, national origin, sexual orientation, or gender identity in grant programs funded by HHS. Plaintiffs sought injunctive relief, asking the court to enjoin HHS from implementing the Notice of Nonenforcement and to vacate the Notice of Nonenforcement. Plaintiffs alleged that the Notice allowed "religion to be weaponized to discriminate against [LGBTQ] youth, families, and older people."

On March 30, 2022, the defendant's motion to dismiss was granted due to plaintiff's failure to establish Article III standing. The court held plaintiffs lacked standing for failure to demonstrate an injury-in-fact, one of three requirements for standing. In the court's view, plaintiffs did not allege with sufficiently particularity an involuntary material burden on established core activities or an impediment to carrying out responsibilities. Each plaintiff organization continued the same educational activities and advocacy undertaken prior to the notice. The failure to demonstrate an impediment upon plaintiff’s responsibilities were mooted for the same reasons.

Following dismissal, the plaintiffs filed an application to appeal the dismissal with the U.S. Court of Appeals for the Second Circuit on May 27, 2022. The Second Circuit agreed to hear the appeal. This case remains ongoing.

Summary Authors

Cedar Hobbs (3/19/2020)

Zach Antin (4/18/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16990853/parties/family-equality-v-azar/


Attorney for Plaintiff

Buchert, Sasha (New York)

Cheema, Puneet (District of Columbia)

Dubner, Jeffrey B. (District of Columbia)

Attorney for Defendant

Issacharoff, Lucas Estlund (New York)

Expert/Monitor/Master/Other

Lev, Sean A. (District of Columbia)

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Documents in the Clearinghouse

Document

1:20-cv-02403

Docket [PACER]

March 19, 2020

March 19, 2020

Docket
1

1:20-cv-02403

Complaint for Declaratory and Injunctive Relief

March 19, 2020

March 19, 2020

Complaint
23

1:20-cv-02403

Amended Complaint

April 2, 2020

April 2, 2020

Complaint
61

1:20-cv-02403

Opinion and Order Granting Motion to Dismiss

March 30, 2022

March 30, 2022

Order/Opinion
62

1:20-cv-02403

Judgment

Family Equality v. Becerra

March 30, 2022

March 30, 2022

Order/Opinion

2022 WL 2022

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16990853/family-equality-v-azar/

Last updated April 1, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Alex M. Azar, II, United States Department of Health and Human Services. (Filing Fee $ 400.00, Receipt Number ANYSDC-19162658)Document filed by Family Equality, Services & Advocacy for LGBT Elders, True Colors United, Inc...(Dubner, Jeffrey) (Entered: 03/19/2020)

March 19, 2020

March 19, 2020

Clearinghouse
2

CIVIL COVER SHEET filed..(Dubner, Jeffrey) (Entered: 03/19/2020)

March 19, 2020

March 19, 2020

PACER
3

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Alex M. Azar II, U.S. Department of Health and Human Services, re: 1 Complaint,. Document filed by Family Equality, Services & Advocacy for LGBT Elders, True Colors United, Inc...(Dubner, Jeffrey) Modified on 3/20/2020 (jgo). (Entered: 03/19/2020)

March 19, 2020

March 19, 2020

PACER
4

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Alex M. Azar II, U.S. Department of Health and Human Services, re: 1 Complaint,. Document filed by Family Equality, Services & Advocacy for LGBT Elders, True Colors United, Inc...(Dubner, Jeffrey) Modified on 3/20/2020 (jgo). (Entered: 03/19/2020)

March 19, 2020

March 19, 2020

PACER
5

REQUEST FOR ISSUANCE OF SUMMONS as to Alex M. Azar II, re: 1 Complaint,. Document filed by Family Equality, Services & Advocacy for LGBT Elders, True Colors United, Inc...(Dubner, Jeffrey) (Entered: 03/19/2020)

March 19, 2020

March 19, 2020

PACER
6

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Health and Human Services, re: 1 Complaint,. Document filed by Family Equality, Services & Advocacy for LGBT Elders, True Colors United, Inc...(Dubner, Jeffrey) Modified on 3/20/2020 (jgo). (Entered: 03/19/2020)

March 19, 2020

March 19, 2020

PACER
7

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Family Equality..(Dubner, Jeffrey) (Entered: 03/19/2020)

March 19, 2020

March 19, 2020

PACER
8

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Services & Advocacy for LGBT Elders..(Dubner, Jeffrey) (Entered: 03/19/2020)

March 19, 2020

March 19, 2020

PACER
9

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by True Colors United, Inc...(Dubner, Jeffrey) (Entered: 03/19/2020)

March 19, 2020

March 19, 2020

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

March 20, 2020

March 20, 2020

PACER

Case Opening Initial Assignment Notice

March 20, 2020

March 20, 2020

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)

March 20, 2020

March 20, 2020

PACER

Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)

March 20, 2020

March 20, 2020

PACER

Case Designated ECF. (jgo)

March 20, 2020

March 20, 2020

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jeffrey Benjamin Dubner to RE-FILE Document No. 6 Request for Issuance of Summons, 4 Request for Issuance of Summons, 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on 'as to' docket entry text does not exactly match as it appears on the pleading caption (U.S. Department of Health and Human Services). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) Modified on 3/20/2020 (jgo).

March 20, 2020

March 20, 2020

PACER
10

ELECTRONIC SUMMONS ISSUED as to Alex M. Azar, II..(jgo) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

PACER
11

REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Health and Human Services, re: 1 Complaint,. Document filed by Family Equality, Services & Advocacy for LGBT Elders, True Colors United, Inc...(Dubner, Jeffrey) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

PACER
12

REQUEST FOR ISSUANCE OF SUMMONS as to Alex M. Azar II, in his official capacity as Secretary, United States Department of Health and Human Services, and the United States Department of Health and Human Services, re: 1 Complaint,. Document filed by Family Equality, Services & Advocacy for LGBT Elders, True Colors United, Inc...(Dubner, Jeffrey) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

PACER
13

REQUEST FOR ISSUANCE OF SUMMONS as to Alex M. Azar II, in his official capacity as Secretary, United States Department of Health and Human Services, and the United States Department of Health and Human Services, re: 1 Complaint,. Document filed by Family Equality, Services & Advocacy for LGBT Elders, True Colors United, Inc...(Dubner, Jeffrey) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

PACER
14

ELECTRONIC SUMMONS ISSUED as to Alex M. Azar, II, United States Department of Health and Human Services..(jgo) (Entered: 03/23/2020)

March 23, 2020

March 23, 2020

PACER
15

ELECTRONIC SUMMONS ISSUED as to Alex M. Azar, II, United States Department of Health and Human Services..(jgo) (Entered: 03/23/2020)

March 23, 2020

March 23, 2020

PACER
16

ELECTRONIC SUMMONS ISSUED as to United States Department of Health and Human Services..(jgo) (Entered: 03/23/2020)

March 23, 2020

March 23, 2020

PACER
17

MOTION for Robin F. Thurston to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19225666. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Family Equality, Services & Advocacy for LGBT Elders, True Colors United, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit, # 3 Exhibit Certificate of Good Standing).(Thurston, Robin) (Entered: 03/25/2020)

1 Text of Proposed Order

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2 Affidavit

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3 Exhibit Certificate of Good Standing

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March 25, 2020

March 25, 2020

PACER

Notice Regarding Pro Hac Vice Motion

March 25, 2020

March 25, 2020

PACER
18

MOTION for Sean A. Lev to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19225740. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Family Equality, Services & Advocacy for LGBT Elders, True Colors United, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Affidavit, # 3 Text of Proposed Order).(Lev, Sean) (Entered: 03/25/2020)

1 Exhibit Certificate of Good Standing

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2 Affidavit

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3 Text of Proposed Order

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March 25, 2020

March 25, 2020

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 18 MOTION for Sean A. Lev to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19225740. Motion and supporting papers to be reviewed by Clerk's Office staff., 17 MOTION for Robin F. Thurston to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19225666. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)

March 25, 2020

March 25, 2020

PACER
19

ORDER Plaintiff is GRANTED leave to file an Amended Complaint to correct the spelling of one partys name. Any other changes to the Complaint will result in the amendment constituting the Plaintiffs amendment as of right. (HEREBY ORDERED by Judge Mary Kay Vyskocil) (Text Only Order) (ab) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER

Order

March 26, 2020

March 26, 2020

PACER
20

ORDER granting 18 Motion for Sean A. Lev to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER

Order on Motion to Appear Pro Hac Vice

March 27, 2020

March 27, 2020

PACER
21

FILING ERROR - FILER ERROR - AMENDED COMPLAINT amending 1 Complaint, against Alex M. Azar, II, United States Department of Health and Human Services.Document filed by Family Equality, Services & Advocacy for LGBT Elders, True Colors United, Inc.. Related document: 1 Complaint,..(Dubner, Jeffrey) Modified on 3/30/2020 (jgo). (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER

Notice to Attorney Regarding Deficient Pleading

March 30, 2020

March 30, 2020

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jeffrey Benjamin Dubner to RE-FILE re: Document No. 21 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add party Services & Advocacy for GLBT Elders; the wrong filer/filers were selected for the pleading;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)

March 30, 2020

March 30, 2020

PACER

ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Services & Advocacy for GLBT Elders added. Party added pursuant to 21 Amended Complaint,.Document filed by Services & Advocacy for GLBT Elders. Related document: 21 Amended Complaint,..(Dubner, Jeffrey)

March 30, 2020

March 30, 2020

PACER
22

FILING ERROR - FILING ERROR - AMENDED COMPLAINT amending 21 Amended Complaint, against Alex M. Azar, II, United States Department of Health and Human Services.Document filed by Services & Advocacy for GLBT Elders, Family Equality, True Colors United, Inc.. Related document: 21 Amended Complaint,..(Dubner, Jeffrey) Modified on 4/2/2020 (jgo). (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
23

AMENDED COMPLAINT amending 1 Complaint, against Alex M. Azar, II, United States Department of Health and Human Services.Document filed by Services & Advocacy for GLBT Elders, Family Equality, True Colors United, Inc.. Related document: 1 Complaint,..(Dubner, Jeffrey) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

Clearinghouse

Notice to Attorney Regarding Deficient Pleading

April 2, 2020

April 2, 2020

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jeffrey Benjamin Dubner to RE-FILE Document No. 22 Amended Complaint,. The filing is deficient for the following reason(s): the pleading must be linked to the initial pleading. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)

April 2, 2020

April 2, 2020

PACER
24

SUMMONS RETURNED EXECUTED. Alex M. Azar, II served on 4/1/2020, answer due 6/1/2020; United States Department of Health and Human Services served on 4/1/2020, answer due 6/1/2020. Service was made by Mail. Document filed by Services & Advocacy for GLBT Elders; Family Equality; True Colors United, Inc.. (Attachments: # 1 Affidavit).(Dubner, Jeffrey) (Entered: 04/03/2020)

1 Affidavit

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April 3, 2020

April 3, 2020

PACER
25

MOTION for Puneet Cheema to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19576234. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Family Equality, Services & Advocacy for GLBT Elders, True Colors United, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order).(Cheema, Puneet) (Entered: 04/24/2020)

1 Affidavit

View on PACER

2 Exhibit Certificate of Good Standing

View on PACER

3 Text of Proposed Order

View on PACER

April 24, 2020

April 24, 2020

PACER

Notice Regarding Pro Hac Vice Motion

April 24, 2020

April 24, 2020

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 25 MOTION for Puneet Cheema to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19576234. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq)

April 24, 2020

April 24, 2020

PACER
26

ORDER granting 25 Motion for Puneet Cheema to Appear Pro Hac Vice; granting 17 Motion for Robin F. Thurston to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (ab) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER

Order on Motion to Appear Pro Hac Vice

April 27, 2020

April 27, 2020

PACER
27

NOTICE OF APPEARANCE by Karen Loewy on behalf of Family Equality, Services & Advocacy for GLBT Elders, True Colors United, Inc...(Loewy, Karen) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
28

CONSENT LETTER MOTION for Extension of Time addressed to Judge Mary Kay Vyskocil from Jennifer C. Simon dated June 2, 2020. Document filed by Alex M. Azar, II, United States Department of Health and Human Services..(Simon, Jennifer) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
29

ORDER granting 28 Letter Motion for Extension of Time. GRANTED. The Parties are reminded that requests for extension of time should be filed three days before the deadline in question. (Signed by Judge Mary Kay Vyskocil on 6/2/2020) (mro) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER

Set/Reset Deadlines: United States Department of Health and Human Services answer due 6/22/2020. (mro)

June 2, 2020

June 2, 2020

PACER
30

LETTER MOTION for Conference addressed to Judge Mary Kay Vyskocil from Jennifer C. Simon dated June 22, 2020. Document filed by Alex M. Azar, II, United States Department of Health and Human Services..(Simon, Jennifer) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
31

LETTER RESPONSE in Opposition to Motion addressed to Judge Mary Kay Vyskocil from Robin Thurston dated 6/25/2020 re: 30 LETTER MOTION for Conference addressed to Judge Mary Kay Vyskocil from Jennifer C. Simon dated June 22, 2020. . Document filed by Family Equality, Services & Advocacy for GLBT Elders, True Colors United, Inc...(Thurston, Robin) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

RECAP
32

FILING ERROR - DEFICIENT PRO HAC VICE MOTION - MOTION for Kristen Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20482741. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Family Equality, Services & Advocacy for GLBT Elders, True Colors United, Inc.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Exhibit).(Miller, Kristen) Modified on 6/30/2020 (ad). (Entered: 06/30/2020)

1 Affidavit

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2 Text of Proposed Order

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3 Exhibit

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June 30, 2020

June 30, 2020

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 32 MOTION for Kristen Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20482741. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): missing Certificate of Good Standing from DC; The affidavit is not notarized;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (ad)

June 30, 2020

June 30, 2020

PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

June 30, 2020

June 30, 2020

PACER
33

MOTION for Kristen Miller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Filing fee $ 200.00, receipt number ANYSDC-20482741 Document filed by Family Equality, Services & Advocacy for GLBT Elders, True Colors United, Inc.. (Attachments: # 1 Exhibit Miller Declaration, # 2 Exhibit NY Certificate of Good Standing, # 3 Exhibit DC Certificate of Good Standing, # 4 Text of Proposed Order Text of Proposed Order).(Miller, Kristen) Modified on 7/1/2020 (ad). (Entered: 07/01/2020)

1 Exhibit Miller Declaration

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2 Exhibit NY Certificate of Good Standing

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3 Exhibit DC Certificate of Good Standing

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4 Text of Proposed Order Text of Proposed Order

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July 1, 2020

July 1, 2020

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 33 MOTION for Kristen Miller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)

July 1, 2020

July 1, 2020

PACER

Notice Regarding Pro Hac Vice Motion

July 1, 2020

July 1, 2020

PACER
34

ORDER granting 33 Motion for Kristen Miller to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER

Order on Motion to Appear Pro Hac Vice

July 2, 2020

July 2, 2020

PACER
35

ORDER denying 30 Letter Motion for Conference. The Motion for a Pre-Motion Conference is DENIED and the Defendants are GRANTED leave to file the Motion to Dismiss. The Motion must be filed on or before July 24, 2020. Plaintiffs' opposition should be filed on or before August 7, 2020. Any reply is due on or before August 14, 2020. Requests for extension must be received at least 72 hours in advance of the deadline. (Signed by Judge Mary Kay Vyskocil on 7/6/2020) (mro) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER

Set/Reset Deadlines: Motions due by 7/24/2020. Responses due by 8/7/2020 Replies due by 8/14/2020. (mro)

July 6, 2020

July 6, 2020

PACER
36

MOTION for Puneet Cheema to Withdraw as Attorney . Document filed by Family Equality, Services & Advocacy for GLBT Elders, True Colors United, Inc...(Cheema, Puneet) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
37

MEMO ENDORSED ORDER granting 36 Motion to Withdraw as Attorney. ENDORSEMENT: IT IS SO ORDERED. (Attorney Puneet Cheema terminated.) (Signed by Judge Mary Kay Vyskocil on 6/10/20) (yv) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
38

CONSENT LETTER MOTION for Extension of Time addressed to Judge Mary Kay Vyskocil from Jennifer C. Simon dated July 20, 2020. Document filed by Alex M. Azar, II, United States Department of Health and Human Services..(Simon, Jennifer) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
39

ORDER granting 38 Letter Motion for Extension of Time. Granted. (Signed by Judge Mary Kay Vyskocil on 7/21/2020) (mro) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER

Set/Reset Deadlines: Motions due by 8/7/2020. Responses due by 8/24/2020 Replies due by 9/2/2020. (mro)

July 21, 2020

July 21, 2020

PACER
40

MOTION to Dismiss . Document filed by Alex M. Azar, II, United States Department of Health and Human Services..(Simon, Jennifer) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
41

MEMORANDUM OF LAW in Support re: 40 MOTION to Dismiss . . Document filed by Alex M. Azar, II, United States Department of Health and Human Services..(Simon, Jennifer) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

RECAP
42

MEMORANDUM OF LAW in Opposition re: 40 MOTION to Dismiss . . Document filed by Family Equality, Services & Advocacy for GLBT Elders, True Colors United, Inc...(Miller, Kristen) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

RECAP
43

REPLY MEMORANDUM OF LAW in Support re: 40 MOTION to Dismiss . . Document filed by Alex M. Azar, II, United States Department of Health and Human Services..(Simon, Jennifer) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

RECAP
44

NOTICE OF CHANGE OF ADDRESS by Karen Loewy on behalf of Family Equality, Services & Advocacy for GLBT Elders, True Colors United, Inc.. New Address: Lambda Legal, 1776 K Street NW, 8th floor, Washington, DC, United States 20006-2304, 202-804-6245..(Loewy, Karen) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
45

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Sasha Jean Buchert to Appear Pro Hac Vice Sasha J. Buchert. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Family Equality, Services & Advocacy for GLBT Elders, Services & Advocacy for LGBT Elders, True Colors United, Inc.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Certificate of Good Standing).(Buchert, Sasha) Modified on 9/29/2020 (bcu). (Entered: 09/29/2020)

1 Affidavit

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2 Text of Proposed Order

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3 Certificate of Good Standing

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Sept. 29, 2020

Sept. 29, 2020

PACER

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. 45 MOTION for Sasha Jean Buchert to Appear Pro Hac Vice Sasha J. Buchert. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme court of Oregon; the filing fee was not paid;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (bcu)

Sept. 29, 2020

Sept. 29, 2020

PACER

Notice Regarding Deficient Motion to Appear Pro Hac Vice

Sept. 29, 2020

Sept. 29, 2020

PACER
46

MOTION for Sasha Jean Buchert to Appear Pro Hac Vice (Corrected). Filing fee $ 200.00, receipt number ANYSDC-22005956. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Family Equality, Services & Advocacy for GLBT Elders, Services & Advocacy for LGBT Elders, True Colors United, Inc.. (Attachments: # 1 Certificate of Good Standing Supreme Court of Oregon, # 2 Affidavit, # 3 Text of Proposed Order).(Buchert, Sasha) (Entered: 10/06/2020)

1 Certificate of Good Standing Supreme Court of Oregon

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2 Affidavit

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3 Text of Proposed Order

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Oct. 6, 2020

Oct. 6, 2020

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 46 MOTION for Sasha Jean Buchert to Appear Pro Hac Vice (Corrected). Filing fee $ 200.00, receipt number ANYSDC-22005956. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)

Oct. 6, 2020

Oct. 6, 2020

PACER

Notice Regarding Pro Hac Vice Motion

Oct. 6, 2020

Oct. 6, 2020

PACER
47

ORDER granting 46 Motion for Sasha Jean Buchert to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER

Order on Motion to Appear Pro Hac Vice

Oct. 7, 2020

Oct. 7, 2020

PACER
48

LETTER addressed to Judge Mary Kay Vyskocil from Jennifer C. Simon dated January 15, 2021 Document filed by Alex M. Azar, II, United States Department of Health and Human Services..(Simon, Jennifer) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

RECAP
49

ORDER Plaintiffs are directed to file a letter responding to the Defendants' letter [ECF No. 48] on or before January 21, 2021. (HEREBY ORDERED by Judge Mary Kay Vyskocil) (Text Only Order) (ab) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER

Order

Jan. 19, 2021

Jan. 19, 2021

PACER
50

LETTER addressed to Judge Mary Kay Vyskocil from Counsel for Plaintiffs dated 1/21/2021 re: Family Equality et al. v. Azar et al.. Document filed by Family Equality, Services & Advocacy for GLBT Elders, Services & Advocacy for LGBT Elders, True Colors United, Inc...(Miller, Kristen) (Entered: 01/21/2021)

Jan. 21, 2021

Jan. 21, 2021

RECAP
51

ORDER: The Court has received letters from the Parties regarding regulatory developments that may moot Plaintiffs' claims in this case [ECF Nos. 48, 50]. In light of those recent regulatory actions, IT IS HEREBY ORDERED that this case is STAYED pending further order of the Court. The Parties are directed to file a joint letter on the ECF docket on or before February 16, 2021 regarding whether the Final Rule referenced in the Parties letters has become effective, or whether there have been any other developments which impact this case. Following receipt of the Parties' letter, the Court will enter an order regarding next steps in this case. (Signed by Judge Mary Kay Vyskocil on 2/2/2021) (mro) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

RECAP
52

JOINT LETTER addressed to Judge Mary Kay Vyskocil from Jennifer C. Simon dated February 16, 2021 Document filed by Alex M. Azar, II, United States Department of Health and Human Services..(Simon, Jennifer) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

RECAP
53

ORDER The Court has reviewed the Parties' joint letter. The stay of this case is extended to June 1, 2021. On or before that date, the Parties must submit a further status update to the Court regarding any developments relevant to this litigation. (HEREBY ORDERED by Judge Mary Kay Vyskocil) (Text Only Order) (ab) (Entered: 04/06/2021)

April 6, 2021

April 6, 2021

PACER

Order

April 6, 2021

April 6, 2021

PACER
54

LETTER addressed to Judge Mary Kay Vyskocil from Jennifer C. Simon dated April 27, 2021 Document filed by Alex M. Azar, II, United States Department of Health and Human Services..(Simon, Jennifer) (Entered: 04/27/2021)

April 27, 2021

April 27, 2021

RECAP
55

MEMO ENDORSEMENT re: 54 Letter filed by United States Department of Health and Human Services, Alex M. Azar, II. ENDORSEMENT: GRANTED. The Parties should file their status report on May 3, 2021. (Signed by Judge Mary Kay Vyskocil on 4/29/2021) (nb) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

PACER
56

JOINT LETTER addressed to Judge Mary Kay Vyskocil from Jennifer C. Simon dated May 3, 2021 Document filed by Alex M. Azar, II, United States Department of Health and Human Services..(Simon, Jennifer) (Entered: 05/03/2021)

May 3, 2021

May 3, 2021

RECAP
57

MEMO ENDORSEMENT re: 56 Letter filed by United States Department of Health and Human Services, Alex M. Azar, II. ENDORSEMENT: In light of the Parties' status update, the Clerk of Court respectfully is requested to lift the stay of this caseentered on ECF. (Signed by Judge Mary Kay Vyskocil on 5/5/2021) (nb) (Entered: 05/05/2021)

May 5, 2021

May 5, 2021

PACER

Case Stay Lifted. (nb)

May 5, 2021

May 5, 2021

PACER
58

NOTICE OF APPEARANCE by Lucas Estlund Issacharoff on behalf of Alex M. Azar, II, United States Department of Health and Human Services..(Issacharoff, Lucas) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

RECAP
59

LETTER addressed to Judge Mary Kay Vyskocil from Jennifer C. Simon dated November 22, 2021 re: Request for Termination of Appearance. Document filed by Alex M. Azar, II, United States Department of Health and Human Services..(Simon, Jennifer) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
60

MEMO ENDORSEMENT on re: 59 Letter filed by United States Department of Health and Human Services, Alex M. Azar, II. ENDORSEMENT: Granted. SO ORDERED. Attorney Jennifer C. Simon terminated. (Signed by Judge Mary Kay Vyskocil on 11/29/2021) (tg) (Entered: 11/29/2021)

Nov. 29, 2021

Nov. 29, 2021

PACER
61

OPINION AND ORDER GRANTING MOTION TO DISMISS re: 40 MOTION to Dismiss . filed by United States Department of Health and Human Services, Alex M. Azar, II.For the reasons stated above, Defendants' Motion to Dismiss is GRANTED. Because the Court is without subject matter jurisdiction to adjudicate the dispute, the case is dismissed WITHOUT PREJUDICE. The Clerk of the Court respectfully is requested to terminate the motion at ECF No. 40 and close the case. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 3/30/2022) (tg) Transmission to Orders and Judgments Clerk for processing. (Entered: 03/30/2022)

March 30, 2022

March 30, 2022

Clearinghouse
62

CLERK'S JUDGMENT re: 61 Memorandum & Opinion in favor of United States Department of Health and Human Services, Alex M. Azar, II against Family Equality, Services & Advocacy for GLBT Elders, True Colors United, Inc. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated March 30, 2022, Defendants' Motion to Dismiss is GRANTED. Because the Court is without subject matter jurisdiction to adjudicate the dispute, the case is dismissed WITHOUT PREJUDICE; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/30/2022) (Attachments: # 1 Right to Appeal) (km) (Entered: 03/30/2022)

1 Right to Appeal

View on RECAP

March 30, 2022

March 30, 2022

Clearinghouse
63

NOTICE OF APPEAL from 61 Memorandum & Opinion,, 62 Clerk's Judgment,,. Document filed by Family Equality, Services & Advocacy for GLBT Elders, Services & Advocacy for LGBT Elders, True Colors United, Inc.. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Miller, Kristen) Modified on 5/27/2022 (nd). (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER

Appeal Fee Due: for 63 Notice of Appeal,.$505.00 Appeal fee due by 6/10/2022..(nd)

May 27, 2022

May 27, 2022

PACER

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 63 Notice of Appeal..(nd)

May 27, 2022

May 27, 2022

PACER

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 63 Notice of Appeal, filed by Services & Advocacy for LGBT Elders, True Colors United, Inc., Family Equality, Services & Advocacy for GLBT Elders were transmitted to the U.S. Court of Appeals..(nd)

May 27, 2022

May 27, 2022

PACER

Case Details

State / Territory: New York

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 19, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Nonprofit organizations focusing on LGBTQ issues.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Government services

Housing assistance

Poverty/homelessness

Public assistance grants

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination Basis:

Gender identity

Sexual orientation

LGBTQ+:

LGBTQ+