Case: United States v. Texas; Annunciation House v. Abbott

3:21-cv-00173 | U.S. District Court for the Western District of Texas

Filed Date: Aug. 30, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a case about Texas Governor Greg Abbot's executive order that prevented anyone other than law-enforcement officials from transporting multiple categories of non-citizen migrants regardless of unaccompanied minor, asylum, or refugee status. On July 30, 2021, the United States filed a complaint in the U.S. District Court for the Western District of Texas requesting injunctive and declaratory relief. The court issued a preliminary injunction on August 26, 2021.This case i…

COVID-19 Summary: This is a case about Texas Governor Greg Abbot's executive order that prevented anyone other than law-enforcement officials from transporting multiple categories of non-citizen migrants regardless of unaccompanied minor, asylum, or refugee status. On July 30, 2021, the United States filed a complaint in the U.S. District Court for the Western District of Texas requesting injunctive and declaratory relief. The court issued a preliminary injunction on August 26, 2021.


This case is about Texas Governor Greg Abbot's executive order that prevented anyone other than law-enforcement officials from transporting multiple categories of non-citizen migrants regardless of unaccompanied minor, asylum, or refugee status.

The United States filed a complaint on July 30, 2021, in the United States District Court for the Western District of Texas asking for an injunction to prevent enforcing the executive order relating to the transportation of migrants during the COVID-19 disaster, and declaratory relief stating the order violated the Supremacy Clause and the doctrine of intergovernmental immunity, and therefore is invalid, null, and void.

Gov. Greg Abbott had signed Executive Order GA-37 two days prior, on July 28, 2021. Gov. Abbott used his authority and responsibility "for meeting . . . the dangers to the state and people presented by disasters" to enact this order for the remainder of the COVID-19 pandemic. The order stated that "No person, other than a federal, state, or local law-enforcement official, shall provide ground transportation to a group of migrants who have been detained by CBP [Customs and Border Patrol] for crossing the border illegally or who would have been subject to expulsion under the Title 42 order." It also granted authority to the Texas Department of Public Safety (DPS), to enforce this order including stopping vehicles upon suspicion of violating the order, rerouting vehicles, and impounding vehicles found to be transporting migrants. The order made clear that the government of Texas believed that the Biden Administration was not doing enough to enforce Title 42, the order put in place at the beginning of the COVID-19 pandemic that allowed immigration officials to expel migrants who crossed the border quickly without allowing them to apply for asylum.

The plaintiffs argued that GA-37 was unconstitutional, interrupted processes carried out by the federal government, and would cause injury to a number of non-citizen migrants, and citizens who work in immigration facilities, and their families by exacerbating the spread of COVID-19. The executive order would prevent all Customs and Border Patrol (CBP) and Office of Refugee Resettlement (ORR) contractors from transporting people out of CBP and ORR facilities which in turn would cause a number of associated problems including:

  1. preventing unaccompanied minors from being transported to their sponsors who are usually family members who have agreed to care for the children while they await trials regarding more permanent immigration;
  2. preventing people in immigration facilities from accessing emergency healthcare at local hospitals;
  3. making it difficult if not impossible for people seeking more permanent immigration to get to their court hearing, and trials;
  4. overburdening CBP facilities with people who should have already been released and transported elsewhere, which could cause COVID-19 to spread between those who cannot properly distance from others;
  5. and preventing people, who are not citizens but have been granted the authority to live outside detention facilities while awaiting trial, from going about their normal business.

On August 4, 2021, Annunciation House, Angry Tias & Abuelas of the Rio Grande Valley, and two other individuals also involved in the assistance and transportation of migrants, refugees, and asylum seekers filed a complaint in the U.S. District Court for the Western District of Texas. Represented by the ACLU, they also requested declaratory and injunctive relief from GA-37, as well as attorneys' fees. On the same day, they filed a motion for a preliminary injunction and a motion to consolidate their case with the one filed by the United States. Judge Kathleen Cardone consolidated the cases on August 26.

Also on August 26, 2021, Judge Cardone issued a preliminary injunction that directed Gov. Abbott and all other actors on behalf of the State to stop enforcement of Executive Order GA-37 until the resolution of this action.

This case is ongoing as of September 24, 2021.

Summary Authors

Kol Chaiken (9/24/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60099074/parties/united-states-v-state-of-texas/


Judge(s)

Cardone, Kathleen (Texas)

Attorneys(s) for Plaintiff

Amdur, Spencer E. W. (California)

Avallone, Zachary Anthony (District of Columbia)

Boynton, Brian M (District of Columbia)

Cheung, Ming (New York)

Cruz, Bernardo Rafael (Texas)

Drake, Brantley Shaw (Texas)

Ehrlich, Stephen (District of Columbia)

Eiland, Katrina L. (California)

Gerardi, Michael J. (District of Columbia)

Judge(s)

Cardone, Kathleen (Texas)

Attorneys(s) for Plaintiff

Amdur, Spencer E. W. (California)

Avallone, Zachary Anthony (District of Columbia)

Boynton, Brian M (District of Columbia)

Cheung, Ming (New York)

Cruz, Bernardo Rafael (Texas)

Drake, Brantley Shaw (Texas)

Ehrlich, Stephen (District of Columbia)

Eiland, Katrina L. (California)

Gerardi, Michael J. (District of Columbia)

Haas, Alexander K (District of Columbia)

Huddleston, Kathryn (Texas)

Jadwat, Omar C. (New York)

Kolsky, Joshua (District of Columbia)

Konkoly, Antonia (District of Columbia)

Lin, Jean (District of Columbia)

Netter, Brian D. (District of Columbia)

Pinon, Adriana (Texas)

Rassbach, Eric C (District of Columbia)

Segura, Andre (Texas)

Thompson, William Thomas (Texas)

Wofsy, Cody H. (California)

Zafar, Noor (New York)

Attorneys(s) for Defendant

Stone, Judd E (Texas)

Sweeten, Patrick Kinney (Texas)

Windham, Lori H. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

United States v. Texas

Aug. 26, 2021 Docket

Docket [PACER]

Annunciation House v. Abbott

Aug. 26, 2021 Docket
1

Complaint

United States v. Texas

July 30, 2021 Complaint
1

Complaint for Declaratory and Injunctive Relief

Annunciation House v. Abbott

Aug. 4, 2021 Complaint
52

Order

United States v. Texas

Aug. 26, 2021 Order/Opinion

Resources

Title Description External URL

ACLU Files Federal Lawsuit Challenging Texas Migrant Transportation Order

ACLU

The American Civil Liberties Union and the ACLU of Texas are suing Texas Gov. Greg Abbott over his executive order that bars the transportation of certain migrants in the state. Aug. 5, 2021 https://www.aclu.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60099074/united-states-v-state-of-texas/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT (Filing fee $ 402.), filed by UNITED STATES OF AMERICA. (Attachments: # 1 Civil Cover Sheet)(Kolsky, Joshua) (Entered: 07/30/2021)

1 Civil Cover Sheet

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July 30, 2021 RECAP
2

REQUEST FOR ISSUANCE OF SUMMONS by UNITED STATES OF AMERICA. (Kolsky, Joshua) (Entered: 07/30/2021)

July 30, 2021 RECAP
3

MOTION for Temporary Restraining Order or Preliminary Injunction by UNITED STATES OF AMERICA. (Attachments: # 1 Hastings Declaration, # 2 Hott Declaration, # 3 Sualog Declaration, # 4 Proposed Order)(Avallone, Zachary) (Entered: 07/30/2021)

1 Hastings Declaration

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2 Hott Declaration

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3 Sualog Declaration

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4 Proposed Order

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July 30, 2021 PACER

Case assigned to Judge Kathleen Cardone. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (mt)

July 30, 2021 PACER

If ordered by the court, all referrals will be assigned to Magistrate Judge Berton (mt)

July 30, 2021 PACER
4

NOTICE of Attorney Appearance by Zachary Avallone on behalf of UNITED STATES OF AMERICA (Avallone, Zachary) (Entered: 07/30/2021)

July 30, 2021 PACER

Case Assigned/Reassigned

July 30, 2021 PACER

To be Referred to EP Mag Judge

July 30, 2021 PACER
5

ORDER SETTING GOVERNMENT'S EMERGENCY MOTION (TRO/PRELIMINARY INJUNCTION) HEARING (set for Monday, 8/2/2021 02:00 PM MOUNTAIN TIME before Judge Kathleen Cardone, COURTROOM 522, UNITED STATES COURTHOUSE, 525 MAGOFFIN AVE, EL PASO, TEXAS). Signed by Judge Kathleen Cardone. (mt) (Entered: 07/31/2021)

July 31, 2021 RECAP
6

NOTICE of Attorney Appearance by Brian Boynton on behalf of UNITED STATES OF AMERICA. Attorney Brian Boynton added to party UNITED STATES OF AMERICA(pty:pla) (Boynton, Brian) (Entered: 08/02/2021)

Aug. 2, 2021 PACER
7

NOTICE of Attorney Appearance by Jean Lin on behalf of UNITED STATES OF AMERICA (Lin, Jean) (Entered: 08/02/2021)

Aug. 2, 2021 PACER
8

Summons Issued as to Greg Abbott, STATE OF TEXAS. (ep1) (Entered: 08/02/2021)

Aug. 2, 2021 PACER
9

Memorandum in Opposition to Motion, filed by Greg Abbott, STATE OF TEXAS, re 3 MOTION for Temporary Restraining Order or Preliminary Injunction filed by Plaintiff UNITED STATES OF AMERICA (Sweeten, Patrick) (Entered: 08/02/2021)

Aug. 2, 2021 RECAP
10

NOTICE of Attorney Appearance by Judd E. Stone on behalf of Greg Abbott, STATE OF TEXAS (Stone, Judd) (Entered: 08/02/2021)

Aug. 2, 2021 PACER
11

NOTICE of Attorney Appearance by William Thomas Thompson on behalf of Greg Abbott, STATE OF TEXAS (Thompson, William) (Entered: 08/02/2021)

Aug. 2, 2021 PACER
12

NOTICE of Attorney Appearance by Patrick K. Sweeten on behalf of Greg Abbott, STATE OF TEXAS (Sweeten, Patrick) (Entered: 08/02/2021)

Aug. 2, 2021 PACER
13

APPENDIX to 9 Memorandum in Opposition to Motion by Greg Abbott, STATE OF TEXAS. (Sweeten, Patrick) (Entered: 08/02/2021)

Aug. 2, 2021 PACER
14

Unopposed MOTION for Leave to Exceed Page Limitation for Response to Plaintiff's Motion for Emergency Temporary Restraining Order by Greg Abbott, STATE OF TEXAS. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 08/02/2021)

1 Proposed Order

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Aug. 2, 2021 RECAP

Text Order GRANTING 14 Motion for Leave to File Excess Pages entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)

Aug. 2, 2021 PACER
15

Minute Entry for proceedings held before Judge Kathleen Cardone: Motion Hearing held on 8/2/2021 re 3 MOTION for Temporary Restraining Order or Preliminary Injunction filed by UNITED STATES OF AMERICA (Motion taken under advisement, supplemental documents due 08/03/21 (Minute entry documents are not available electronically.). (Court Reporter ecro.)(ep1) (Entered: 08/03/2021)

Aug. 2, 2021 PACER

Order on Motion for Leave to File Excess Pages

Aug. 2, 2021 PACER

Motions Taken Under Advisement: 3 MOTION for Temporary Restraining Order or Preliminary Injunction (ep1)

Aug. 3, 2021 PACER
16

Unopposed MOTION for Leave to Exceed Page Limitation by UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order)(Kolsky, Joshua) (Entered: 08/03/2021)

Aug. 3, 2021 PACER
17

REPLY to Response to Motion, filed by UNITED STATES OF AMERICA, re 3 MOTION for Temporary Restraining Order or Preliminary Injunction filed by Plaintiff UNITED STATES OF AMERICA (Attachments: # 1 Affidavit)(Kolsky, Joshua) (Entered: 08/03/2021)

1 Affidavit

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Aug. 3, 2021 RECAP

Text Order GRANTING 16 Motion for Leave to File Excess Pages entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)

Aug. 3, 2021 PACER
18

ORDER GRANTING 3 Motion for TEMPORARY RESTRAINING ORDER, Signed by Judge Kathleen Cardone. (mt) (Entered: 08/03/2021)

Aug. 3, 2021 RECAP
19

EXPEDITED TRANSCRIPT REQUEST by STATE OF TEXAS for proceedings held on 8/2/21. Proceedings Transcribed: Hearing on TRO. Court Reporter: Walter Chiriboga. (mt) (Entered: 08/03/2021)

Aug. 3, 2021 PACER

Motions Taken Under Advisement

Aug. 3, 2021 PACER

Order on Motion for Leave to File Excess Pages

Aug. 3, 2021 PACER
20

TRANSCRIPT REQUEST by UNITED STATES OF AMERICA for proceedings held on August 2, 2021. Proceedings Transcribed: Hearing for motion for TRO. Court Reporter: Walter Chiriboga. (Avallone, Zachary) (Entered: 08/04/2021)

Aug. 4, 2021 PACER
57

COMPLAINT, filed by Annunciation House, FIEL Houston, Angry Tias & Abuelas of the Rio Grande Valley, Jennifer Harbury. (Attachments: # 1 Civil Cover Sheet)(ep1) (Entered: 09/07/2021)

1 Civil Cover Sheet

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Aug. 4, 2021 RECAP
58

MOTION for Preliminary Injunction by Angry Tias & Abuelas of the Rio Grande Valley, Annunciation House, FIEL Houston, Jennifer Harbury. (Attachments: # 1 Exhibit A. Executive Order GA-37, # 2 Exhibit B. Garcia Declaration, # 3 Exhibit C. Sandefur Declaration, # 4 Exhibit D. Harbury Declaration, # 5 Exhibit E. Espinosa Declaration, # 6 Exhibit F. Title 42 Order, # 7 Exhibit G. Gov. Greg Abbott Proclamation, # 8 Exhibit H. Executive Order GA-38, # 9 Proposed Order)(ep1) (Entered: 09/07/2021)

1 Exhibit A. Executive Order GA-37

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2 Exhibit B. Garcia Declaration

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3 Exhibit C. Sandefur Declaration

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4 Exhibit D. Harbury Declaration

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5 Exhibit E. Espinosa Declaration

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6 Exhibit F. Title 42 Order

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7 Exhibit G. Gov. Greg Abbott Proclamation

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8 Exhibit H. Executive Order GA-38

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9 Proposed Order

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Aug. 4, 2021 RECAP
21

TRANSCRIPT REQUEST for proceedings held on 08/2/21. Proceedings Transcribed: ECRO. Court Reporter: Walter Chiriboga. (ep1) (Entered: 08/05/2021)

Aug. 5, 2021 PACER
22

Transcript filed of Proceedings held on 08/02/2021, Proceedings Transcribed: Hearing on Motion for TRO. Court Reporter/Transcriber: Walter A. Chiriboga, Jr., Telephone number: 915-834-0553. Tape Number: 01. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 8/30/2021, Redacted Transcript Deadline set for 9/7/2021, Release of Transcript Restriction set for 11/5/2021, (wc) (Entered: 08/07/2021)

Aug. 7, 2021 PACER
23

NOTICE of Attorney Appearance by Michael Joseph Gerardi on behalf of UNITED STATES OF AMERICA. Attorney Michael Joseph Gerardi added to party UNITED STATES OF AMERICA(pty:pla) (Gerardi, Michael) (Entered: 08/08/2021)

Aug. 8, 2021 PACER
24

Joint MOTION for Clarification Regarding August 13 Hearing by UNITED STATES OF AMERICA. (Lin, Jean) (Entered: 08/09/2021)

Aug. 9, 2021 RECAP
25

ORDER GRANTING IN PART 24 Joint Motion for Clarification. FURTHER ORDERED that, on or before August 11, 2021, at 5:00 p.m. the parties shall each FILE with the Court a list of all witnesses and an Exhibit List. Signed by Judge Kathleen Cardone. (mc4) (Entered: 08/09/2021)

Aug. 9, 2021 RECAP
26

MOTION to Appear Pro Hac Vice by Steven C. Levatino (For Eric Rassbach- Becket Fund for Religious Liberty) ( Filing fee $ 100 receipt number 0542-15104022) by on behalf of Catholic Charities of the Rio Grande Valley. (Attachments: # 1 Exhibit Application for Pro Hac Vice-Rassbach)(Levatino, Steven) (Entered: 08/10/2021)

Aug. 10, 2021 PACER
27

MOTION to Appear Pro Hac Vice by Steven C. Levatino (For Llori Whindham- Becket Fund for Religious Liberty ( Filing fee $ 100 receipt number 0542-15104107) by on behalf of Catholic Charities of the Rio Grande Valley. (Attachments: # 1 Exhibit Application for Pro Hac Vice-Windham)(Levatino, Steven) (Entered: 08/10/2021)

Aug. 10, 2021 PACER
28

ORDER GRANTING IN PART 26 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order.; GRANTING IN PART 27 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Attorneys Rassbach and Windham shall apply for admission to practice before the United States District Court for the Western District of Texas on or before September 22, 2021, and diligently pursue such application until they are either admitted to practice before this Court or denied admission. Signed by Judge Kathleen Cardone. (ep1) (Entered: 08/11/2021)

Aug. 11, 2021 RECAP
29

SUMMONS Returned Executed by UNITED STATES OF AMERICA. Greg Abbott served on 8/5/2021, answer due 8/26/2021. (Kolsky, Joshua) (Entered: 08/11/2021)

Aug. 11, 2021 PACER
30

SUMMONS Returned Executed by UNITED STATES OF AMERICA. STATE OF TEXAS served on 8/5/2021, answer due 8/26/2021. (Kolsky, Joshua) (Entered: 08/11/2021)

Aug. 11, 2021 PACER
31

Exhibit List for Hearing on Plaintiff's Motion for Preliminary Injunction by Greg Abbott, STATE OF TEXAS.. (Sweeten, Patrick) (Additional attachment(s) added on 4/4/2022: # 1 Defendants Exhibit Notebook) (dc). (Entered: 08/11/2021)

Aug. 11, 2021 RECAP
32

Witness List by Greg Abbott, STATE OF TEXAS. (Sweeten, Patrick) (Entered: 08/11/2021)

Aug. 11, 2021 RECAP
33

WITNESS/EXHIBIT LIST by UNITED STATES OF AMERICA. (Avallone, Zachary) (Additional attachment(s) added on 4/5/2022: # 1 P-1, # 2 P-2, # 3 P-3, # 4 P-4, # 5 P-5, # 6 P-6, # 7 P-7, # 8 P-8, # 9 P-9, # 10 P-10, # 11 P-11, # 12 P-12, # 13 P-13, # 14 P-14, # 15 P-15) (ep1). (Entered: 08/11/2021)

Aug. 11, 2021 RECAP
34

Unopposed MOTION for Leave to File Amicus Brief by Eric C. Rassbach. by Catholic Charities of the Rio Grande Valley. (Attachments: # 1 Brief Amicus Curiae of Catholic Charities of the Rio Grande Valley, # 2 Declaration of Sr. Norma Pimentel)(Rassbach, Eric) (Entered: 08/12/2021)

1 Brief Amicus Curiae of Catholic Charities of the Rio Grande Valley

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2 Declaration of Sr. Norma Pimentel

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Aug. 12, 2021 PACER

Text Order GRANTING 34 Motion for Leave to File Amicus Brief entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)

Aug. 12, 2021 PACER
35

MOTION to Transfer Case to First-Filed Court or in the Alternative, to Stay Proceedings by Greg Abbott, STATE OF TEXAS. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Sweeten, Patrick) (Entered: 08/12/2021)

Aug. 12, 2021 PACER
36

AMICUS BRIEF by Catholic Charities of the Rio Grande Valley. (Attachments: # 1 Declaration of Sr. Norma Pimentel)(ep1) (Entered: 08/12/2021)

1 Declaration of Sr. Norma Pimentel

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Aug. 12, 2021 PACER

Order on Motion for Leave to File Amicus Brief

Aug. 12, 2021 PACER
37

** DOCUMENT DEFICIENT ** TRANSCRIPT REQUEST by UNITED STATES OF AMERICA for proceedings held on August 13, 2021. Proceedings Transcribed: Hearing on Motion for Preliminary Injunction.. (Avallone, Zachary) Modified on 8/13/2021 (bg2). (Entered: 08/13/2021)

Aug. 13, 2021 RECAP
38

Minute Entry for proceedings held before Judge Kathleen Cardone: Preliminary Injunction Hearing held on 8/13/2021 T.R.O extended 14 days, written order forthcoming (Minute entry documents are not available electronically.). (Court Reporter ECRO.)(ep1) (Entered: 08/13/2021)

Aug. 13, 2021 PACER
39

** DOCUMENT DEFICIENT ** TRANSCRIPT REQUEST by Greg Abbott, STATE OF TEXAS for proceedings held on 08/13/21. Proceedings Transcribed: Hearing on Motion for Preliminary Injunction. Court Reporter: ECRO. (Thompson, William) Modified on 8/13/2021 (bg2). (Entered: 08/13/2021)

Aug. 13, 2021 RECAP
40

ORDER that the Temporary Restraining Order, ECF No.18, SHALL REMAIN IN FULL FORCE AND EFFECT for an additional fourteen (14) daysuntil the 27th day of August, 2021.. Signed by Judge Kathleen Cardone. (ep1) (Entered: 08/13/2021)

Aug. 13, 2021 RECAP
41

ORDER that the United States of America SHALL FILE a proposed preliminary injunction order on or before August 20, 2021. IT IS FURTHER ORDERED that the United States of America SHALL FILE its Response to Defendants State of Texas and Greg Abbotts Motion to Transfer Venue, ECF No. 35, along with a proposed order on or before August 19, 2021.. Signed by Judge Kathleen Cardone. (ep1) (Entered: 08/13/2021)

Aug. 13, 2021 RECAP
42

NOTICE of Filing Defendants' Presentation from Hearing on Motion for Preliminary Injunction (Aug. 13, 2021) by Greg Abbott, STATE OF TEXAS (Attachments: # 1 Exhibit)(Sweeten, Patrick) (Entered: 08/13/2021)

1 Exhibit

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Aug. 13, 2021 RECAP
43

DEFICIENCY NOTICE: re 37 Transcript Request (Miscellaneous) (bg2) (Entered: 08/13/2021)

Aug. 13, 2021 RECAP
44

DEFICIENCY NOTICE: re 39 Transcript Request (Miscellaneous) (bg2) (Entered: 08/13/2021)

Aug. 13, 2021 PACER
45

TRANSCRIPT REQUEST (CORRECTED) by UNITED STATES OF AMERICA for proceedings held on August 13, 2021. Proceedings Transcribed: Hearing re Motion for Preliminary Injunction.. (Avallone, Zachary) (Entered: 08/13/2021)

Aug. 13, 2021 PACER
46

Memorandum in Opposition to Motion, filed by UNITED STATES OF AMERICA, re 35 MOTION to Transfer Case to First-Filed Court or in the Alternative, to Stay Proceedings filed by Defendant Greg Abbott, Defendant STATE OF TEXAS (Gerardi, Michael) (Entered: 08/19/2021)

Aug. 19, 2021 RECAP
47

Unopposed MOTION for Extension of Time to File Responsive Pleading by Greg Abbott, STATE OF TEXAS. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 08/20/2021)

1 Proposed Order

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Aug. 20, 2021 RECAP
48

NOTICE of Filing Proposed Order for Preliminary Injunction by UNITED STATES OF AMERICA (Attachments: # 1 Proposed Order)(Gerardi, Michael) (Entered: 08/20/2021)

1 Proposed Order

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Aug. 20, 2021 RECAP

Text Order GRANTING 47 Motion for Extension of Time to File. EXTENDED to October 11, 2021. SO ORDERED. Entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)

Aug. 23, 2021 PACER
59

Memorandum in Opposition to Motion, filed by Greg Abbott, Steven McCraw, re 58 MOTION for Preliminary Injunction filed by Consol Plaintiff FIEL Houston, Consol Plaintiff Annunciation House, Consol Plaintiff Jennifer Harbury, Consol Plaintiff Angry Tias & Abuelas of the Rio Grande Valley (Attachments: # 1 Appendix in support of Response in Opposition to Plaintiffs' Motion for Preliminary Injunction)(ep1) (Entered: 09/07/2021)

1 Appendix in support of Response in Opposition to Plaintiffs' Motion for Pr

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Aug. 23, 2021 PACER

Order on Motion for Extension of Time to File

Aug. 23, 2021 PACER
49

TRANSCRIPT REQUEST (RENEWED REQUEST) by UNITED STATES OF AMERICA for proceedings held on Aug. 13, 2021. Proceedings Transcribed: Hearing re Motion for Preliminary Injunction.. (Avallone, Zachary) (Entered: 08/24/2021)

Aug. 24, 2021 RECAP
60

REPLY to Response to Motion, filed by Angry Tias & Abuelas of the Rio Grande Valley, Annunciation House, FIEL Houston, Jennifer Harbury, re 58 MOTION for Preliminary Injunction filed by Consol Plaintiff FIEL Houston, Consol Plaintiff Annunciation House, Consol Plaintiff Jennifer Harbury, Consol Plaintiff Angry Tias & Abuelas of the Rio Grande Valley (Attachments: # 1 Pimentel Declaration, # 2 Samaniego Declaration, # 3 Cheung Declaration with Exhibits A-C)(ep1) (Entered: 09/07/2021)

Aug. 25, 2021 PACER
51

ORDER GRANTING 5 Motion to Consolidate Cases. Accordingly, it is hereby ORDERED that cause numbers EP-21-CV-173-KC and EP-21-CV-178-KC be CONSOLIDATED into cause number EP-21-CV-173-KC, for discovery and other pretrial purposes. IT IS ORDERED that all future filings be FILED in cause number EP-21-CV-173-KC (Consolidated Action). Signed by Judge Kathleen Cardone. (dc) (Entered: 08/26/2021)

Aug. 26, 2021 RECAP
52

Plaintiffs Motion for a Preliminary Injunction, ECF No.3, is hereby GRANTED. IT IS HEREBY ORDERED THAT DEFENDANTS, THEIR AGENTS, OFFICERS, AND EMPLOYEES, AND ALL OTHER PERSONS AND ENTITIES IN ACTIVECONCERT OR PARTICIPATION WITH THEM ARE ENJOINED FROM TAKING ANY ACTION TO ENFORCE THE EXECUTIVE ORDER. IT IS FURTHER ORDERED that this preliminary injunction shall remain in force until resolution of this action on the merits.. Signed by Judge Kathleen Cardone. (mt) (Entered: 08/26/2021)

Aug. 26, 2021 RECAP
53

TRANSCRIPT REQUEST by Catholic Charities of the Rio Grande Valley for proceedings held on 8/13/21. Proceedings Transcribed: Hearing on Motion. Court Reporter: ECRO. (dc) (Entered: 08/26/2021)

Aug. 26, 2021 PACER
54

Unopposed MOTION for Extension of Time to File Responsive Pleading by Greg Abbott, Steven McCraw. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 08/30/2021)

1 Proposed Order

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Aug. 30, 2021 RECAP

Text Order GRANTING 54 Motion for Extension of Time to File. EXTENDED to October 11, 2021. Entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)

Aug. 31, 2021 PACER

Order on Motion for Extension of Time to File

Aug. 31, 2021 PACER
55

Transcript filed of Proceedings held on August 13, 2021, Proceedings Transcribed: Preliminary Injunction Hearing. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 9/23/2021, Redacted Transcript Deadline set for 10/4/2021, Release of Transcript Restriction set for 12/1/2021, (lr) (Entered: 09/02/2021)

Sept. 2, 2021 PACER
56

MOTION to Appear Pro Hac Vice ( Filing fee $ 100 receipt number 300038200). (Attachments: # 1 Proposed Order, # 2 Correspondence)(ep1) (Entered: 09/02/2021)

1 Proposed Order

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2 Correspondence

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Sept. 2, 2021 PACER

Text Order GRANTING 56 Motion to Appear Pro Hac Vice. IT IS ORDERED that Gina Michele D'Andrea may appear on behalf of Immigration Reform Law Institute. IT IS FURTHER ORDERED that Gina Michele D'Andrea, if shehas not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Court Rule AT-l(f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)

Sept. 7, 2021 PACER

Order on Motion to Appear Pro Hac Vice

Sept. 7, 2021 PACER

Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (dl)

Sept. 9, 2021 PACER

If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Hightower. (dl)

Sept. 9, 2021 PACER

Remark: The original random judge assignment to Judge Yeakel was voided due to clerical error. Based on the related case information provided in the civil cover sheet, the case has been directly assigned to Judge Pitman. (kc).

Sept. 9, 2021 PACER
61

Certified Mailing (dt) (Entered: 09/13/2021)

Sept. 13, 2021 PACER
62

NOTICE of Pending Admission by Catholic Charities of the Rio Grande Valley re 28 Order on Motion to Appear Pro Hac Vice,,,,,,, (Rassbach, Eric) (Entered: 09/21/2021)

Sept. 21, 2021 RECAP
63

NOTICE of Pending Admission by Catholic Charities of the Rio Grande Valley re 28 Order on Motion to Appear Pro Hac Vice,,,,,,, (Windham, Lori) (Entered: 09/21/2021)

Sept. 21, 2021 RECAP

Text Order GRANTING 33 Agreed Motion to Withdraw Motion to Expedite Discovery, (Dkt. 20), entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc)

Sept. 27, 2021 PACER

Text Order WITHDRAWING 20 Motion to Expedite Discovery entered by Judge Robert Pitman. In light of Defendant's Agreed Motion to Withdraw, (Dkt. 33), and this Court's text order granting the Agreed Motion to Withdraw on September 27, 2021, IT IS ORDERED that the Motion to Expedite Discovery, (Dkt. 20), is WITHDRAWN. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc)

Sept. 27, 2021 PACER

Text Order GRANTING 29 Motion to Appear Pro Hac Vice by attorney Gene P. Hamilton. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg)

Sept. 28, 2021 PACER
50

Unopposed MOTION for Leave to Exceed Page Limitation on a Motion to Dismiss by State of Texas. (Attachments: # 1 Proposed Order Granting Leave to File MTD, # 2 Brief Motion to Dismiss)(Hudson, Eric) (Entered: 09/29/2021)

Sept. 29, 2021 PACER

Text Order GRANTING 50 Unopposed Motion for Leave to File Excess Pages entered by Judge Robert Pitman. IT IS ORDERED that the Clerk of Court shall file the State of Texas's Motion to Dismiss. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc)

Sept. 30, 2021 PACER

Text Order GRANTING 46 Motion for Leave to File Excess Pages entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc)

Sept. 30, 2021 PACER

Notice of Correction: *PLEASE NOTE: Not all parties are registered to receive electronic notifications. If those parties need to be notified of filings the Certificates of Service should reflect how those parties who are not registered for CM/ECF are being served. (dm)

Oct. 1, 2021 PACER

Text Order GRANTING 56 United States' Motion for Leave to Exceed Page Limitation entered by Judge Robert Pitman. IT IS ORDERED that the Clerk of Court shall file the United States' Combined Reply. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc)

Oct. 1, 2021 PACER

Text Order MOOTING 35 Motion to Expedite; GRANTING 35 Motion for Extension of Time to Answer entered by Judge Robert Pitman. In light of this Court's order granting Stilley's motion to intervene, (Dkt. 40), Stilley's motion to expedite is MOOT. In light of there being no opposition to his extension request, Stilly shall file his answer or otherwise respond to Plaintiff's complaint on or before October 13, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh)

Oct. 6, 2021 PACER

Reset Deadlines: Oscar Stilley answer due 10/13/2021. (dm)

Oct. 6, 2021 PACER

NOTICE OF INTERLOCUTORY APPEAL Following 69 Notice of Appeal by State of Texas as to 68 Order on Motion for Protective Order, Order on Motion to Dismiss, Order on Motion for TRO, Order on Motion for Preliminary Injunction, Order on Motion for Leave to File Amicus Brief, by State of Texas. Filing fee $ 505, receipt number 0542-15305685. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (dm)

Oct. 6, 2021 PACER

NOTICE OF INTERLOCUTORY APPEAL Following 70 Notice of Appeal as to 68 Order on Motion for Protective Order, Order on Motion to Dismiss, Order on Motion for TRO, Order on Motion for Preliminary Injunction, Order on Motion for Leave to File Amicus Brief, by Erick Graham, Mistie Sharp, Jeff Tuley. Filing fee $ 505, receipt number 0542-15305734. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (dm)

Oct. 6, 2021 PACER
64

NOTICE of Attorney Appearance by Amy Snow Hilton on behalf of Greg Abbott, Steven McCraw, STATE OF TEXAS. Attorney Amy Snow Hilton added to party Greg Abbott(pty:dft), Attorney Amy Snow Hilton added to party Steven McCraw(pty:condft), Attorney Amy Snow Hilton added to party STATE OF TEXAS(pty:dft) (Hilton, Amy) (Entered: 10/08/2021)

Oct. 8, 2021 PACER
65

NOTICE of Attorney Appearance by William D. Wassdorf on behalf of Greg Abbott, Steven McCraw, STATE OF TEXAS. Attorney William D. Wassdorf added to party Greg Abbott(pty:dft), Attorney William D. Wassdorf added to party Steven McCraw(pty:condft), Attorney William D. Wassdorf added to party STATE OF TEXAS(pty:dft) (Wassdorf, William) (Entered: 10/08/2021)

Oct. 8, 2021 PACER
66

NOTICE of Attorney Appearance by Daniel Lawrence Abrahamson on behalf of Greg Abbott, Steven McCraw, STATE OF TEXAS. Attorney Daniel Lawrence Abrahamson added to party Greg Abbott(pty:dft), Attorney Daniel Lawrence Abrahamson added to party Steven McCraw(pty:condft), Attorney Daniel Lawrence Abrahamson added to party STATE OF TEXAS(pty:dft) (Abrahamson, Daniel) (Entered: 10/08/2021)

Oct. 8, 2021 PACER
67

MOTION to Dismiss Dkt. #1 by Greg Abbott, STATE OF TEXAS. (Hilton, Amy) (Entered: 10/11/2021)

Oct. 11, 2021 PACER
68

MOTION to Dismiss Dkt. #57 by Greg Abbott, Steven McCraw. (Hilton, Amy) (Entered: 10/11/2021)

Oct. 11, 2021 PACER

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Aug. 30, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

United States, and two organizations and two individuals involved in the assistance and transportation of migrants in the Sate of Texas.

Plaintiff Type(s):

Non-DOJ federal government plaintiff

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Texas, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Federalism (including 10th Amendment)

Supremacy Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

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:

Access to public accommodations - governmental

Classification / placement

Government Services

Placement in detention facilities

Transportation

COVID-19:

Transfer-ordered or process created/modified

Type of Facility:

Government-run

Immigration/Border:

Asylum - procedure

Deportation - procedure

Detention - conditions

Detention - procedures

Family Separation

Refugees

Undocumented immigrants - state and local regulation