Case: Hotze v. Abbott

4:20-cv-02104 | U.S. District Court for the Southern District of Texas

Filed Date: June 15, 2020

Closed Date: July 29, 2020

Clearinghouse coding complete

Case Summary

On June 15, 2020, 1,316 Texas residents and companies ("the plaintiffs") filed this lawsuit individually and on behalf of all others similarly situated in the U.S. District Court for the Southern District of Texas. The plaintiffs sued the State of Texas, the Governor, the Health and Human Services Commission, the Department of State Health Services, the Executive Director of the Department of Health Services, and the Commissioner of the Department of State Health Services ("the defendants"). Re…

On June 15, 2020, 1,316 Texas residents and companies ("the plaintiffs") filed this lawsuit individually and on behalf of all others similarly situated in the U.S. District Court for the Southern District of Texas. The plaintiffs sued the State of Texas, the Governor, the Health and Human Services Commission, the Department of State Health Services, the Executive Director of the Department of Health Services, and the Commissioner of the Department of State Health Services ("the defendants"). Represented by private counsel, the plaintiffs challenged the Governor's lock down orders and contact tracing methods during the COVID-19 pandemic and sought declaratory, injunctive, and monetary relief, alleging violations of the plaintiffs’ rights under the First, Fourth, and Fourteenth Amendments to the United States Constitution. 

Specifically, the plaintiffs alleged that large-scale contract tracing as undertaken by the defendants imposed a chilling effect on the First Amendment associative rights of all Texans. Contact tracing, the plaintiffs argued, also violated the Fourth Amendment by subjecting the plaintiffs to unreasonable surveillance without consent or a warrant. Considering the lock down orders, the plaintiffs alleged that the defendants violated the equal protection clause of the Fourteenth Amendment by arbitrarily selecting certain businesses to remain fully open while ordering other similarly situated businesses to remain closed. Finally, the plaintiffs claimed that lock down orders and contact tracing both infringed their Fourteenth Amendment right by imposing criminal penalties without due process.

One month later, the plaintiffs filed their first amended complaint adding named plaintiffs, defendants, and additional alleged violations of their rights under the United States Constitution as well as state law. On July 13, 2020, 1,319 plaintiffs, in addition to the allegations in the original complaint, alleged that the Mayor of Houston, Texas, and Houston First Corporation violated the plaintiffs' First Amendment rights to freedom of expression and association by cancelling the Texas Republican Convention (TRC). Additionally, the plaintiffs alleged that this cancellation violated the equal protection clause of the Fourteenth Amendment because the Mayor permitted protests against police brutality.

The same day, the plaintiffs requested that the court issue a temporary restraining order and preliminary injunction enjoining the Houston Mayer and the Houston First Corporation from cancelling the TRC the following month. After a hearing held on July 15, 2020, Judge Lynn N. Hughes orally denied the plaintiffs' motion for a temporary restraining order.

On July 17, 2020, the plaintiffs filed a second amended complaint and a motion for reconsideration. The second amended complaint included a total of 1,321 plaintiffs, including the Republican Party of Texas (RPT). The plaintiffs requested that the court reconsider its denial of the emergency motion for a temporary restraining order because the RPT became a party to this case. The motion to reconsider argued that the RPT attempted to host a virtual convention, but that attempt was a "disaster because a virtual platform cannot support the work the Republican Party of Texas does at its convention."

Judge Hughes held a hearing on the motion that same day and again issued an oral order, this time granting the plaintiffs' motion. In addition, Judge Hughes ordered Houston First to extend the contract for facility and services to the RPT for additional days. In response, the defendants filed an emergency motion to stay and a petition for a writ of mandamus in the Fifth Circuit Court of Appeals on July 17, 2020 (Case No. 20-20379). The defendants claimed that the district court improperly ordered specific performance of a contract not before that court and improperly amended the contract between Houston First and the RPT. The following day, the Fifth Circuit granted a temporary stay of the district court's temporary restraining order pending resolution of the defendants' petition for writ of mandamus.

Judge Hughes later issued a written opinion and order on the plaintiffs' motion for reconsideration on July 19, 2020. 473 F. Supp. 3d 736.

Following that order, the defendants filed a joint emergency motion in the district court on July 20, 2020, to dissolve the preliminary injunction and an alternative motion to stay the preliminary injunction pending resolution by the Fifth Circuit. The defendants alleged that the district court provided barely four hours' notice prior to the July 17, 2020, hearing on the plaintiffs' motion to reconsider and that the district court's issuance of a preliminary injunction violated federal civil procedure.

On July 22, 2020, the defendants filed a motion to dismiss the case in district court, arguing that the district court should exercise its discretion to dismiss because parallel litigation was pending in state court and based on the principles of comity, federalism, and abstention. Additionally, the defendants alleged that the district court lacked authority to grant declaratory relief in this case.

Judge Hughes issued an order of dismissal on agreement of both parties and dissolved the temporary restraining order and preliminary injunction. The district court case closed on July 22, 2020. Accordingly, the defendants withdrew their petition for writ of mandamus as moot in the Fifth Circuit. The Court of Appeals case closed on July 29, 2020. 

Summary Authors

Richa Bijlani (4/20/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17251914/parties/hotze-v-abbott/


Judge(s)

Hughes, Lynn Nettleton (Texas)

Attorneys(s) for Plaintiff

Norred, Warren V (Texas)

Schlafly, Andrew L. (New Jersey)

Woodfill, Jared R (Texas)

Attorneys(s) for Defendant

Amis, Brian Anthony (Texas)

Ardolino, Emily Laura (Texas)

Dickerson, Todd (Texas)

Grosdidier, Pierre Charles (Texas)

Holloway, Gregory Arthur (Texas)

Morris, Michael Patrick (Texas)

Judge(s)

Hughes, Lynn Nettleton (Texas)

Attorneys(s) for Plaintiff

Norred, Warren V (Texas)

Schlafly, Andrew L. (New Jersey)

Woodfill, Jared R (Texas)

Attorneys(s) for Defendant

Amis, Brian Anthony (Texas)

Ardolino, Emily Laura (Texas)

Dickerson, Todd (Texas)

Grosdidier, Pierre Charles (Texas)

Holloway, Gregory Arthur (Texas)

Morris, Michael Patrick (Texas)

Peddie, Collyn Ann (Texas)

Documents in the Clearinghouse

Document

4:20-cv-02104

Docket [PACER]

July 29, 2020

July 29, 2020

Docket
1

4:20-cv-02104

Plaintiffs' Complaint and Application for Preliminary Injunction and Permanent Injunctive Relief

June 15, 2020

June 15, 2020

Complaint
5

4:20-cv-02104

Plaintiffs' First Amended Complaint and Application for Preliminary Injunction and Permanent Injunctive Relief

July 13, 2020

July 13, 2020

Pleading / Motion / Brief
19

4:20-cv-02104

Second Amended Complaint

July 17, 2020

July 17, 2020

Pleading / Motion / Brief
35

4:20-cv-02104

Opinion on Preliminary Injunction

473 F.Supp.3d 736

July 19, 2020

July 19, 2020

Order/Opinion
50

4:20-cv-02104

Order on Dismissal

July 22, 2020

July 22, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17251914/hotze-v-abbott/

Last updated Aug. 13, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Greg Abbott, in his official capacity as Governor of Texas (Filing fee $ 400 receipt number 0541-24801784) filed by Steven F Hotze. (Attachments: # 1 Exhibit A)(Woodfill, Jared) (Entered: 06/15/2020)

1 Exhibit A

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June 15, 2020

June 15, 2020

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2

ORDER FOR CONFERENCE. Initial Conference set for 9/14/2020 at 10:30 AM in Room 11122 before Judge Lynn N Hughes (Signed by Judge Lynn N Hughes) Parties notified.(ChristopherSarratadi, 4) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
3

MOTION for Todd A. Dickerson to Appear Pro Hac Vice by Greg Abbott, filed. Motion Docket Date 7/16/2020. (Dickerson, Todd) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
4

ORDER granting 3 Motion for Todd A. Dickerson to Appear Pro Hac Vice for Greg Abbott. (Signed by Judge Lynn N Hughes) Parties notified.(sanderson, 4) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
5

First AMENDED COMPLAINT against All Defendants filed by Steven F Hotze. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Woodfill, Jared) (Entered: 07/13/2020)

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July 13, 2020

July 13, 2020

PACER
6

MOTION for Temporary Restraining Order by Steven F Hotze, filed. Motion Docket Date 8/3/2020. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Woodfill, Jared) (Entered: 07/13/2020)

1 Exhibit

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July 13, 2020

July 13, 2020

RECAP
7

BRIEF in Support re: 6 MOTION for Temporary Restraining Order by Steven F Hotze, filed. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Woodfill, Jared) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
8

Order: Hearing on the motion for temporary restraining order set for 7/15/2020 at 10:30 AM in Courtroom 11C before Judge Lynn N Hughes. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
9

MOTION for Todd A. Dickerson to Appear as Telephonic Hearing by Greg Abbott, John William Hellerstedt, MD, State Of Texas, Texas Department of State Health Services, Texas Health And Human Services, Phil Wilson, filed. Motion Docket Date 8/4/2020. (Attachments: # 1 Proposed Order)(Dickerson, Todd) (Entered: 07/14/2020)

1 Proposed Order

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July 14, 2020

July 14, 2020

RECAP
10

ORDER on Appearance. The State of Texas defendants may appear telephonically for the 7/15/2020 hearing 9 . (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
11

RESPONSE in Opposition to 6 MOTION for Temporary Restraining Order, filed by Sylvester Turner. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Amis, Brian) (Entered: 07/15/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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6 Exhibit 6

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July 15, 2020

July 15, 2020

RECAP
12

DECLARATION of David E. Persse, M.D. re: 11 Response in Opposition to Motion, filed.(Amis, Brian) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
13

SUPPLEMENT to 11 Response in Opposition to Motion by Sylvester Turner, filed.(Amis, Brian) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
14

Corrected SUPPLEMENT to 11 Response in Opposition to Motion by Sylvester Turner, filed.(Amis, Brian) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
15

AO 435 TRANSCRIPT REQUEST by Brian Amis for Transcript of Motion Hearing on 7/15/20 before Judge Hughes. 3-Day turnaround requested. Court Reporter/Transcriber: Heather Alcaraz, filed. (Amis, Brian) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
16

Minute Entry for HEARING held before Judge Lynn N Hughes on 7/15/2020. Evidence taken. Order to be entered. Rulings rendered orally on TRO. Appearances: Jared Woodfill, Greg Holloway, Brian Amis, Todd Dickerson. (Court Reporter: H. Alcaraz) (ghassan, 4) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
17

AO 435 TRANSCRIPT REQUEST by Todd Dickerson for Transcript of Emergency TRO Hearing on 7/15/20 before Judge Hughes. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Heather Alcaraz, filed. (Dickerson, Todd) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

PACER
18

MOTION to Amend by Steven F. Hotze, MD, filed. Motion Docket Date 8/7/2020. (Attachments: # 1 Exhibit Second Amended Complaint, # 2 Exhibit Declaration of James Dickey, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Woodfill, Jared) (Entered: 07/17/2020)

1 Exhibit Second Amended Complaint

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2 Exhibit Declaration of James Dickey

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July 17, 2020

July 17, 2020

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19

Second AMENDED COMPLAINT against All Defendants filed by Steven F. Hotze, MD. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit)(Woodfill, Jared) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

Clearinghouse
20

MOTION for Reconsideration by Steven F. Hotze, MD, filed. Motion Docket Date 8/7/2020. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Woodfill, Jared) (Entered: 07/17/2020)

1 Exhibit

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July 17, 2020

July 17, 2020

RECAP
21

Order: Hearing on plaintiffs' motion for reconsideration set for 7/17/2020 at 02:00 PM in Courtroom 11C before Judge Lynn N Hughes. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

RECAP
22

MOTION for Todd A. Dickerson to Appear as Telephonic Hearing by Greg Abbott, John William Hellerstedt, MD, State Of Texas, Texas Department of State Health Services, Texas Health And Human Services, Phil Wilson, filed. Motion Docket Date 8/7/2020. (Attachments: # 1 Proposed Order)(Dickerson, Todd) (Entered: 07/17/2020)

1 Proposed Order

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July 17, 2020

July 17, 2020

RECAP

ORAL ORDER terminating 22 . Todd Dickerson may appear for the state defendants at the 7/17/2020 hearing by telephone. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)

July 17, 2020

July 17, 2020

PACER
23

MOTION for Gregory A. Holloway to Appear as Attorney by Houston First Corporation, filed. Motion Docket Date 8/7/2020. (Attachments: # 1 Proposed Order Order Granting Defendant Houston First Corporation's Motion to Appear Telephonically)(Holloway, Gregory) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
24

MOTION Appear Telephonically by Steven F. Hotze, MD, filed. Motion Docket Date 8/7/2020. (Attachments: # 1 Proposed Order)(Woodfill, Jared) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
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Unopposed MOTION Appear Telephonically by Republican Party of Texas, James D Dickey, filed. Motion Docket Date 8/7/2020. (Attachments: # 1 Proposed Order)(Norred, Warren) (Entered: 07/17/2020)

1 Proposed Order

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July 17, 2020

July 17, 2020

PACER
26

NOTICE of Appearance by Emily Ardolino by Greg Abbott, John William Hellerstedt, MD, State Of Texas, Texas Department of State Health Services, Texas Health And Human Services, Phil Wilson, filed. Motion Docket Date 8/7/2020. (Dickerson, Todd) Text modified on 7/17/2020 (ghassan, 4). (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
27

AO 435 TRANSCRIPT REQUEST by Brain A. Amis for Transcript of Motion Hearing on 7/17/20 before Judge Hughes. Hourly turnaround requested. Court Reporter/Transcriber: Kathleen Miller, filed. (Amis, Brian) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

RECAP
28

TRANSCRIPT re: Ruling of the Court held on July 17, 2020 before Judge Lynn N Hughes. Court Reporter/Transcriber Kathleen Miller. Ordering Party Brian Amis Release of Transcript Restriction set for 10/15/2020., filed. (kmiller, ) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
29

Courtesy Copy - Emergency Motion to Stay and Petition for Writ of Mandamus by Sylvester Turner, filed. (Attachments: # 1 Exhibit Petition for Writ of Mandamus, # 2 Exhibit Mandamus Record 1, # 3 Exhibit Mandamus Record 2, # 4 Exhibit Transcript of Court Ruling)(Amis, Brian) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

RECAP
30

Index of Mandamus Record by Sylvester Turner, filed.(Amis, Brian) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
31

Joint Emergency Motion to Stay Pending Resolution of Petition for Writ of Mandamus - CORRECTED by Sylvester Turner, filed.(Amis, Brian) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

RECAP
34

Minute Entry for HEARING held before Judge Lynn N Hughes on 7/17/2020. Evidence taken. Order to be entered. Appearances: Jared Woodfill, Gregory Holloway, Brian Amis. (Court Reporter: K. Miller) (ghassan, 4) (Entered: 07/20/2020)

July 17, 2020

July 17, 2020

PACER

Oral Order

July 17, 2020

July 17, 2020

PACER
32

TRANSCRIPT re: Hearing held on July 17, 2020 before Judge Lynn N Hughes. Court Reporter/Transcriber Kathleen Miller. Ordering Party Brian Amis Release of Transcript Restriction set for 10/16/2020., filed. (kmiller, ) (Entered: 07/18/2020)

July 18, 2020

July 18, 2020

PACER
33

Copy of PETITION/COMPLAINT for Writ of Mandamus filed with the Fifth Circuit (Filing fee $ 400 receipt number 0541-24944864.) filed by Houston First Corporation.(Morris, Michael) Text modified on 7/20/2020 (ghassan, 4). (Entered: 07/18/2020)

July 18, 2020

July 18, 2020

RECAP
35

OPINION on Preliminary Injunction. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) (Entered: 07/20/2020)

July 19, 2020

July 19, 2020

Clearinghouse
36

ORDER on Preliminary Injunction terminating 6, 20 . Houston First may not terminate its contract with the Republican Party of Texas to host its state convention at the George R. Brown Convention Center. The contract is adjusted. The Party is to host its state convention at the Center on 7/18/2020 - 7/19/2020. If necessary, the second-half of the convention may be held on 7/24/2020. No action against the governor is ordered and none is intended. (Signed by Judge Lynn N Hughes) Parties notified.(ghassan, 4) (Entered: 07/20/2020)

July 19, 2020

July 19, 2020

PACER
37

Notice of Filing of Official Transcript as to 28 Transcript, 32 Transcript. Party notified, filed. (jdav, 4) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
38

AO 435 TRANSCRIPT REQUEST by Todd Dickerson for Transcript of Ps Mtn for reconsideration Hearing on 7/17/20. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Kathleen Miller, filed. (Dickerson, Todd) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
39

TRANSCRIPT re: Motion Hearing held on 7/15/20 before Judge Lynn N Hughes. Court Reporter Heather Alcaraz. Ordering Party Mary Jo Dillon. Release of Transcript Restriction set for 10/19/2020, filed. (halcaraz, ) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
40

Joint EMERGENCY MOTION by Sylvester Turner, filed. Motion Docket Date 8/10/2020. (Amis, Brian) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

RECAP
41

Notice of Filing of Official Transcript as to 39 Transcript. Party notified, filed. (olindor, 4) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
42

NOTICE Letter to Judge Hughes re: 36 Order,, 21 Order Setting Hearing by Sylvester Turner, filed. (Peddie, Collyn) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
43

SUPPLEMENT to 40 Joint EMERGENCY MOTION by Houston First Corporation, filed. (Attachments: # 1 Exhibit Exhibit A, # 2 Proposed Order Proposed Order)(Morris, Michael) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
44

Order: Hearing on the dismissal of this case set for 7/22/2020 at 04:00 PM at Courtroom 11C before Judge Lynn N Hughes. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
45

MOTION for Todd A. Dickerson & Emily Ardolino to Appear as Telephonic Hearing by Greg Abbott, John William Hellerstedt, MD, State Of Texas, Texas Department of State Health Services, Texas Health And Human Services, Phil Wilson, filed. Motion Docket Date 8/12/2020. (Attachments: # 1 Proposed Order)(Dickerson, Todd) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
46

MOTION to Dismiss Plaintiffs Steven F. Hotze, et al. and RPT's Complaint for Declaratory Judgment by Houston First Corporation, filed. Motion Docket Date 8/12/2020. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Morris, Michael) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

RECAP

ORAL ORDER terminating 45 . Todd A. Dickerson & Emily Ardolino may appear by telephone at the 7/22/2020 hearing. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4)

July 22, 2020

July 22, 2020

PACER
49

Minute Entry for HEARING held before Judge Lynn N Hughes on 7/22/2020. Order to be entered. Appearances: Jared Woodfill, Gregory Holloway, Brian Amis. (ERO: R. Castro)(ghassan, 4) (Entered: 07/23/2020)

July 22, 2020

July 22, 2020

PACER
50

ORDER OF DISMISSAL. On the agreement of the parties, both the TRO and the Preliminary Injunction are dissolved, and the case is dismissed. All claims against Governor Abbott, the State of Texas, the Texas Health and Human Services Commission, the Texas Department of State Health Services, Executive Director of the Texas DSHS - Phil Wilson, and Commissioner of the Texas DSHS - John William Hellerstedt, M.D., are dismissed without prejudice. Case terminated on 7/22/2020. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) (Entered: 07/23/2020)

July 22, 2020

July 22, 2020

Clearinghouse

Oral Order

July 22, 2020

July 22, 2020

PACER
47

AO 435 TRANSCRIPT REQUEST by Brian A. Amis for Transcript of Hearing re Case Dismissal on 7/22/20 before Judge Hughes. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Judicial Transcribers of Texas, filed. (Amis, Brian) Electronically forwarded to Judicial Transcribers of Texas on 7-23-2020. Estimated completion date: 7-24-2020. Modified on 7/23/2020 (MelissaMorgan, 4). (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
48

NOTICE of Dismissal as to All Defendants by Steven F. Hotze, MD, filed. (Woodfill, Jared) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
51

TRANSCRIPT re: Status Conference held on July 22, 2020 before Judge Lynn N Hughes. Court Reporter/Transcriber Judicial Transcribers of Texas, LLC. Ordering Party Mary Jo Dillon Release of Transcript Restriction set for 10/22/2020., filed. (mahenry, ) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
52

Notice of Filing of Official Transcript as to 51 Transcript,. Party notified, filed. (jdav, 4) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
53

USCA Order; (USCA No. 20-20379); IT IS ORDERED that the joint motion of Petitioners to withdraw the petitions for writ of mandamus as moot is GRANTED. IT IS FURTHER ORDERED that the joint motion of Petitioners to dismiss this case is GRANTED.(EdnitaPonce, 1) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

PACER

Case Details

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: June 15, 2020

Closing Date: July 29, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

1,321 individual residents of Texas, Texas companies, and the Texas Republican Party.

Plaintiff Type(s):

Closely-held (for profit) corporation

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Governor, State

State, State

Health and Human Services Commission, State

Department of State Health Services, State

Executive Director, State

Commissioner, State

Mayor (Houston, Harris), City

Houston First Corporation (Houston, Harris), City

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Classification / placement

Over/Unlawful Detention

Phone