Case: Louisiana v. Becerra

3:21-cv-03970 | U.S. District Court for the Western District of Louisiana

Filed Date: Nov. 15, 2021

Closed Date: Dec. 2, 2022

Clearinghouse coding complete

Case Summary

COVID-19 Summary: In this case, several states sued to block the federal vaccine mandate which required Medicare- and Medicaid-certified providers and suppliers to become vaccinated prior to December 6, 2021 (the CMS mandate). The judge granted the preliminary injunction on November 30,2021, and issued a nationwide injunction prohibiting the CMS mandate. 571 F.Supp.3d 516. The defendants appealed and requested the lower court issue a stay pending appeal, which the court denied the same day. The…

COVID-19 Summary: In this case, several states sued to block the federal vaccine mandate which required Medicare- and Medicaid-certified providers and suppliers to become vaccinated prior to December 6, 2021 (the CMS mandate). The judge granted the preliminary injunction on November 30,2021, and issued a nationwide injunction prohibiting the CMS mandate. 571 F.Supp.3d 516. The defendants appealed and requested the lower court issue a stay pending appeal, which the court denied the same day. The defendants appealed to the Fifth Circuit and moved for a stay of the injunction, which was denied in part—only for the states party to the case. The defendants then appealed to the Supreme Court for a stay of the preliminary injunction pending appeal, which was granted on January 13, 2022. On remand in the district court, the case was ultimately dismissed with prejudice on November 3, 2022 but still may be appealed.


This case is about whether the federal government can require Medicare- and Medicaid-certified providers and suppliers to receive a COVID-19 vaccination. President Joe Biden announced in September 2021 that the Department of Health and Human Services (HHS) would issue a rule requiring vaccination for all employees in Medicare- and Medicaid- participating facilities. The Centers for Medicare and Medicaid (CMS), which is a component of HHS, issued a rule to that effect. On November 15, 2021, the States of Louisiana, Montana, Arizona, Alabama, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, and West Virginia sued Xavier Becerra (the Secretary of HHS), HHS, CMS, and Chiquita Brooks-Lasure (Administrator of CMS) in the U.S. District Court for the Western District of Louisiana.

The states presented several statutory, procedural, and constitutional claims for relief. They argued that CMS violated the Administrative Procedure Act (APA) by acting in excess of its statutory authority, arguing that CMS lacks the power to mandate vaccinations and that in doing so exceeded its grant of authority by the Social Security Act. According to the states, this overstep implicated major constitutional questions such as the Nondelegation Doctrine, the Tenth Amendment, and the Spending Clause. The states also claimed that the CMS violated the Congressional Review Act—which requires all rules be submitted to Congress, giving it an opportunity to disapprove of the rule—and that CMS’s invocation of the “good cause” exception was inappropriate. They further argued that the rule was arbitrary and capricious and therefore in violation of the APA. The states contended CMS failed to engage in reasoned decision-making and arbitrarily failed to account for the economic impacts of the mandate on the healthcare industry and the costs to the states and instead simply followed the directions of the President. The states also claimed that CMS failed to abide by the notice and comment requirements for federal rule-making, in violation of the APA and the Social Security Act. In addition, the states argued that the vaccine mandate violated 42 U.S.C. §§ 1395 and 1395z because it granted CMS too much control over the selection of health care employees and because CMS failed to consult with the appropriate state agencies. Finally, the states claimed that the mandate violated 42 U.S.C. § 1302 due to HHS's failure to prepare a regulatory impact analysis on the mandate's effect on rural hospitals.

In addition to the claims of statutory violations, the states also made constitutional and federalism arguments. They stated that the vaccine mandate violated the Spending Clause of the U.S. Constitution by putting an unconstitutional condition on the states' receipt of federal funds and by using the federal government's spending power to conscript state agencies for federal purposes. The states also contended that the mandate violated the anti-commandeering doctrine by compelling states to administer federal regulatory programs. Lastly, the states argued that the federal government violated the Tenth Amendment and the principles of federalism by exercising power beyond what was delegated to it through the Constitution and U.S. Congress and by interfering with the states' police power, which includes the authority to adopt public health regulations.

The states sought a preliminary and permanent injunction against enforcement of the mandate and, a declaration that the mandate is unconstitutional and unlawful, and tolling of the mandate’s compliance deadlines pending judicial review. The case was assigned to District Judge Terry A. Doughty.

The states also moved for a preliminary injunction on November 15, 2021. On November 30, the court granted the motion and enjoined CMS from implementing and enforcing the vaccine mandate. 571 F.Supp.3d 516. The court ruled that the plaintiffs had demonstrated a likelihood of success on the merits of their case. The court relied on a recent Fifth Circuit case upholding a stay of a vaccine mandate promulgated by OSHA in its analysis. The court also found that the Supreme Court’s newly fashioned “major questions doctrine” required Congressional authority for “decisions of vast economic and political significance,” and found no clear indication of Congress's intent to authorize CMS to enact such a substantial and significant mandate.

The court also found a likelihood that CMS improperly bypassed the notice and comment requirements of the APA and the Social Security Act. The court noted that while the requirements may be bypassed if the agency has good cause, CMS's own delay in mandating vaccination undermined its emergency justification argument for dispensing with the requirements.

The court also determined that the states were likely to succeed in establishing that the vaccine mandate is arbitrary and capricious. The court held that CMS lacked evidence showing that vaccination status has a direct impact on COVID-19 spread in healthcare facilities. Furthermore, the court found that CMS had improperly rejected alternatives to the mandate, such as periodic testing or exemptions for individuals with natural immunity from COVID-19 due to a prior infection. The court also found a likelihood of a finding that the mandate is arbitrary and capricious because it is overbroad. Specifically, the court noted that the mandate applies to all covered facilities equally, regardless of the dangers of COVID-19 infection in each respective facility. The court also concluded that CMS had failed to adequately explain its sudden change in policy and judged the change to be pretextual and based on President Biden’s declaration of his intention to impose a national CMS mandate. The court also determined that when CMS weighed the benefits and risks of the mandate to the healthcare industry, it failed to properly consider all reliance interests, particularly the interests of those opposed to the mandate.

Next, the court held that the plaintiffs had shown a likelihood of irreparable harm in the absence of preliminary relief. The court found that the states had shown that the mandate would irreparably harm their sovereign interests because they would be unable to enforce their own laws surrounding vaccination mandates and proof of vaccination. Next, the court determined that the states' “quasi-sovereign” interests were likely to suffer irreparable harm absent a preliminary injunction. These quasi-sovereign interests include the health and well-being of the residents of the plaintiff states. The court found that the plaintiffs had filed adequate support to show that their citizens would be physically and economically harmed by the mandate. These harms stem from the likelihood that the mandate would exacerbate already-existing staffing shortages, which would likely cause a reduction in quality of care, a decrease in the variety of services offered, and possible closures of some facilities, entirely. The court also found that the negative effects on the economies of the plaintiff states would also be irreparable due to sovereign immunity against monetary damages for federal agencies. The court further determined that the plaintiffs would likely face irreparable harm to their proprietary interests absent preliminary relief. These proprietary interests include the general financial health of the plaintiffs' facilities.

Finally, in two paragraphs, the court held that the balance of equities favored the plaintiff states and that the public had an interest in an injunction. With no support, the court concluded that it “believes” the balance favors an injunction because “the public interest is served by maintaining the constitutional structure and maintaining the liberty of individuals who do not want to take the COVID-19 vaccine.” 571 F.Supp.3d 516.

On December 1, 2021, the defendants appealed the district court's preliminary injunction to the Fifth Circuit (USCA Case # 21-3074). On the same day, the defendants moved to stay the preliminary injunction pending their appeal in the district court and in the Fifth Circuit. On December 1, the very same day as the defendants’ motion, the district court denied the stay. 2021 WL 5711601. The court determined that the defendants were not likely to prevail on the merits of their appeal for the same reasons that the court found that the plaintiffs were likely to succeed on the merits of their case. In a single sentence, the court summarily concluded the defendants would not suffer irreparable harm if a stay was not entered. The court also noted that a stay would require unvaccinated employees to receive the vaccine or face termination and concluded a stay would defeat the purpose of the injunction. 2021 WL 5711601.

On December 15, 2021, the Fifth Circuit denied the defendants' motion for a stay pending appeal as it pertained to the fourteen plaintiff states but granted the motion with respect to any other jurisdiction. The appeals court noted that nationwide injunctions must be justified in scope, and it found that the district court’s rationale for granting a nationwide injunction was lacking and did not contain necessary principles of constitutional uniformity or the concern that patchwork rulings would undermine an injunction limited to certain jurisdictions.

On December 16, 2021, the defendants applied to the Supreme Court for a stay of the preliminary injunction pending appeal.

On January 13, 2022, the Supreme Court stayed the district court's injunction pending the defendants' appeal in the Fifth Circuit. 142 S. Ct. 647. In a per curiam opinion, the Court analyzed two preliminary injunctions against CMS's mandate: the injunction issued by the Western District of Louisiana in this case and the injunction issued in Missouri v. Biden. See 571 F.Supp.3d 1079. First, the Court held that the mandate fell within the authorities that Congress conferred on HHS, including the ability to impose conditions on the receipt of Medicaid and Medicare funds if the department finds the conditions necessary in the interest of the health and safety of individuals receiving services through Medicare and Medicaid. The Court found that requiring providers to take steps to avoid transmitting COVID-19 was consistent with this statutory authorization. The Court noted the longstanding practice of HHS to condition Medicare and Medicaid funds on a host of conditions that address the safe and effective provision of healthcare, including conditions of participation that relate to the qualifications and duties of healthcare workers.

The Supreme Court also held that the mandate was not arbitrary and capricious. The Court stated that the plaintiff states had not shown that CMS had failed to examine the relevant data and articulate a satisfactory explanation for its decisions to impose the vaccine mandate instead of a testing mandate; require vaccination of employees with natural immunity; and to depart from the agency's prior approach of encouraging, rather than mandating, vaccination. The Court also concluded that CMS had good cause to delay notice and comment, since it found that the promulgation of the rule in advance of the winter flu season would reduce COVID-19 infections, hospitalizations, and deaths. Justice Thomas filed a dissenting opinion in the case, which was joined by Justices Alito, Gorsuch, and Barrett. Justice Alito also filed a dissenting opinion, which was joined by Justices Thomas, Gorsuch, and Barrett. 142 S. Ct. 647.

On January 6, 2022 the defendants filed an opposed motion to stay proceedings in the district court pending appeal in the Fifth Circuit. The plaintiff states filed an opposition motion on January 14, 2022, arguing that the Supreme Court’s ruling contemplates that litigation will continue in the lower courts. Judge Doughty denied the defendants’ motion to stay the proceedings on January 18, concluding that, while the Supreme Court’s ruling reached some of the merits of the case, the constitutional claims at issue remained unresolved. 2022 WL 495043.

On February 4, 2022, the plaintiff states filed a motion for leave to amend their complaint to add the states of Tennessee and Virginia as plaintiffs, as well as complaining of additions to parties covered by the mandate, that the COVID virus had changed in the intervening time, and that, despite the Supreme Court ruling otherwise, the mandate was now illegal because the deferred notice and comment period had expired in the intervening time. The court denied the motion on February 9, finding that it did not have jurisdiction over the issues because the Supreme Court had remanded the case to the Fifth Circuit, where it remained pending. The court did issue, however, an indicative ruling noting that it would grant the motion for leave to amend if it had jurisdiction. 2022 WL 445159

On February 10, 2022, the states moved in the Fifth Circuit to remand the case to the district court. In an unpublished, nonprecedential per curiam opinion, the Fifth Circuit rejected the states’ motion because the allegation the states requested to amend into the complaint (that the mandate violated the anti-commandeering doctrine) could have been made originally. The states petitioned for a rehearing en banc, which the Circuit denied on March 3, 2022. The parties argued the appeal to the original district court’s grant of preliminary injunction before the Fifth Circuit on June 6, 2022.  The parties then agreed that the preliminary injunction should be vacated, and the court issued an unpublished opinion vacating the injunction and remanding the case for resolution on the merits on June 13, 2022. 2022 WL 2116002.

Meanwhile, in the district court, the defendants had filed a motion to dismiss for failure to state a claim on March 17, 2022, arguing that the Supreme Court’s decision regarding the stay of injunction in this case and Biden v. Missouri resolved the issue by either explicitly or implicitly rejecting all of the plaintiff states’ claims. The defendants also argued that the mandate did not violate the anti-commandeering doctrine because it imposed the same conditions no matter whether the facilities were privately run or run by the states. The states never filed a motion to amend their complaint to include the anti-commandeering doctrine argument, and on November 3, 2022, Magistrate Judge Kayla D. McClusky issued a recommended opinion agreeing that the Supreme Court’s ruling rejected the states’ claims and dismissed the complaint with prejudice. 2022 WL 17408035.

The states objected to the recommendation on November 17, 2022, citing the Supreme Court's major questions doctrine ruling in West Virginia v. EPA, but Judge Doughty accepted the recommendation after a de novo review on December 2, 2022. 

The states did not file an appeal, and the case is closed.

Summary Authors

Terry Howard (12/23/2022)

Terry Howard (9/22/2023)

Related Cases

Missouri v. Biden, Eastern District of Missouri (2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63154813/parties/louisiana-v-becerra/


Judge(s)

Doughty, Terry Alvin (Louisiana)

Attorney for Plaintiff

Brungard, Morgan Elizabeth (Louisiana)

Dewhirst, David M (Louisiana)

Fisher, Thomas Molnar (Louisiana)

Attorney for Defendant

Drezner, Michael (Louisiana)

show all people

Documents in the Clearinghouse

Document

3:21-cv-03970

Docket [PACER]

Dec. 3, 2021

Dec. 3, 2021

Docket
2

3:21-cv-03970

Motion for Preliminary Injunction

The State of Louisiana v. Becerra

Nov. 15, 2021

Nov. 15, 2021

Pleading / Motion / Brief
21

3:21-cv-03970

Defendants' Memorandum in Opposition to Plaintiffs' Motion for a Preliminary Injunction

State of Louisiana v. Becerra

Nov. 29, 2021

Nov. 29, 2021

Pleading / Motion / Brief
28

3:21-cv-03970

Memorandum Ruling

State of Louisiana v. Becerra

Nov. 30, 2021

Nov. 30, 2021

Order/Opinion

571 F.Supp.3d 571

26

3:21-cv-03970

Plaintiff States' Reply Memorandum in Support of Motion for Preliminary Injunction

The State of Louisiana v. Becerra

Nov. 30, 2021

Nov. 30, 2021

Pleading / Motion / Brief
35

3:21-cv-03970

Memorandum Order

Dec. 1, 2021

Dec. 1, 2021

Order/Opinion

2021 WL 2021

32-1

3:21-cv-03970

Defendants' Memorandum in Support of their Motion for a Stay Pending Appeal

State of Louisiana v. Becerra

Dec. 2, 2021

Dec. 2, 2021

Pleading / Motion / Brief

3:21-cv-03970

21-30734

Memorandum Order on Motion to Stay Preliminary Injunction

U.S. Court of Appeals for the Fifth Circuit

Dec. 15, 2021

Dec. 15, 2021

Order/Opinion

20 F.4th 20

39

21-30734

USCA Order

U.S. Court of Appeals for the Fifth Circuit

Dec. 15, 2021

Dec. 15, 2021

Order/Opinion

20 F.4th 20

46

3:21-cv-03970

Memorandum Order on Motion to Stay Further Proceedings

Jan. 18, 2022

Jan. 18, 2022

Order/Opinion

2022 WL 2022

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63154813/louisiana-v-becerra/

Last updated April 29, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health and Human Services (Filing fee $402, receipt number ALAWDC-4895438) filed by State of Utah, State of Indiana, State of Montana, State of Louisiana, State of Idaho, State of Arizona, State of Oklahoma, State of West Virginia, State of Mississippi, State of Alabama, State of South Carolina, State of Georgia. (Attachments: # 1 Civil cover sheet)(Attorney Elizabeth Baker Murrill added to party State of Alabama(pty:pla), Attorney State of Arizona(pty:pla), State of Georgia(pty:pla), State of Idaho(pty:pla), State of Indiana(pty:pla), State of Louisiana(pty:pla), State of Mississippi(pty:pla), State of Montana(pty:pla), State of Oklahoma(pty:pla), State of South Carolina(pty:pla), State of Utah(pty:pla), State of West Virginia(pty:pla))(aty,Murrill, Elizabeth) Modified on 11/16/2021 to modify docket text. (Crick, S). (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

Clearinghouse
2

MOTION for Preliminary Injunction by State of Alabama, State of Arizona, State of Georgia, State of Idaho, State of Indiana, State of Louisiana, State of Mississippi, State of Montana, State of Oklahoma, State of South Carolina, State of Utah, State of West Virginia. Motion Ripe Deadline set for 11/15/2021. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Proposed order)(aty,Murrill, Elizabeth). Added MOTION for Temporary Restraining Order on 11/16/2021 (Crick, S). Modified on 11/18/2021 to removed Motion for TRO - added in error. (Crick, S). (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

Clearinghouse

CASE Assigned to Judge Terry A Doughty and Magistrate Judge Kayla D McClusky. (crt,Crick, S)

Nov. 15, 2021

Nov. 15, 2021

PACER

NOTICE of Corrective Action to Elizabeth Baker Murrill on behalf of State of Alabama, State of Arizona, State of Georgia, State of Idaho, State of Indiana, State of Louisiana, State of Mississippi, State of Montana, State of Oklahoma, State of South Carolina, State of Utah, State of West Virginia regarding 2 MOTION for Preliminary Injunction . Action taken: Terminated TRO event added in error to 2 Motion for Preliminary Injunction. (crt,Crick, S)

Nov. 15, 2021

Nov. 15, 2021

PACER
3

ISSUED IN ERROR. SUMMONS ISSUED as to Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services. (crt,Crick, S) Modified on 11/16/2021 to indicate issued in error. 4 USA Summons issued. (Crick, S). (Entered: 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

PACER
4

SUMMONS ISSUED as to U S Attorney, U S Attorney General, Xavier Becerra, U S Dept of Health & Human Services, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services. (crt,Crick, S) (Entered: 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

PACER

NOTICE of Corrective Action regarding 3 Summons Issued - All,. Action taken: Modified text to indicate issued in error. 4 Correct summons issued. (crt,Crick, S)

Nov. 16, 2021

Nov. 16, 2021

PACER
5

*VACATED* MINUTE ENTRY: Plaintiff States are to promptly serve Defendants Xavier Becerra, United States Department of Health and Human Services, Chiquita Brooks-Lasure, and Centers for Medicare and Medicaid Services with the Complaint and Motion for Preliminary Injunction. Upon receipt, Defendants may file a Response to the Motion for Preliminary Injunction within fifteen (15) days. Plaintiff States may file a Reply five (5) days after Defendants files their Response. Signed by Judge Terry A Doughty on 11/16/2021. (crt,Miletello, A) Modified on 11/17/2021 to indicate vacated, see 6 Memorandum Order (Miletello, A). (Entered: 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

PACER
6

MEMORANDUM ORDER that Plaintiff States promptly serve Government Defendants with the Complaint and Motion for Preliminary Injunction. IT IS FURTHER ORDERED that Government Defendants file a Response to 2 Motion for Preliminary Injunction by Friday, November 26, 2021, at 5:00 p.m., CST. IT IS FURTHER ORDERED that Plaintiff States file a Reply to the Response by Wednesday, December 1, 2021, at 5:00 p.m., CST. IT IS FURTHER ORDERED that 5 Minute Entry dated November 16, 2021, is VACATED. Signed by Judge Terry A Doughty on 11/17/2021. (crt,Miletello, A) (Entered: 11/17/2021)

Nov. 17, 2021

Nov. 17, 2021

PACER
7

SUMMONS Returned Executed by State of Utah, State of Indiana, State of Montana, State of Louisiana, State of Idaho, State of Arizona, State of Oklahoma, State of West Virginia, State of Mississippi, State of Alabama, State of South Carolina, State of Georgia Xavier Becerra served on 11/19/2021, answer due 1/18/2022. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(aty,St John, Joseph) Modified on 11/22/2021 to modify date of service. (Crick, S). (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

PACER
8

SUMMONS Returned Executed by State of Utah, State of Indiana, State of Montana, State of Louisiana, State of Idaho, State of Arizona, State of Oklahoma, State of West Virginia, State of Mississippi, State of Alabama, State of South Carolina, State of Georgia Chiquita Brooks-Lasure served on 11/19/2021, answer due 1/18/2022. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(aty,St John, Joseph) Modified on 11/22/2021 to modify date of service. (Crick, S). (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

PACER
9

SUMMONS Returned Executed by State of Utah, State of Indiana, State of Montana, State of Louisiana, State of Idaho, State of Arizona, State of Oklahoma, State of West Virginia, State of Mississippi, State of Alabama, State of South Carolina, State of Georgia Centers for Medicare & Medicaid Services served on 11/19/2021, answer due 1/18/2022. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(aty,St John, Joseph) Modified on 11/22/2021 to modify date of service. (Crick, S). (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

PACER
10

SUMMONS Returned Executed by State of Utah, State of Indiana, State of Montana, State of Louisiana, State of Idaho, State of Arizona, State of Oklahoma, State of West Virginia, State of Mississippi, State of Alabama, State of South Carolina, State of Georgia U S Dept of Health & Human Services served on 11/19/2021, answer due 1/18/2022. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(aty,St John, Joseph) Modified on 11/22/2021 to modify date of service. (Crick, S). (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

PACER
11

AMENDED COMPLAINT against Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services filed by State of Utah, State of Indiana, State of Montana, State of Louisiana, State of Idaho, State of Arizona, State of Oklahoma, State of West Virginia, State of Mississippi, State of Alabama, State of South Carolina, State of Georgia, Commonwealth of Kentucky, State of Ohio.(aty,Faircloth, Jimmy) Modified on 11/23/2021 to modify docket text.(Crick, S). (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
12

NOTICE of Joinder to 2 MOTION for Preliminary Injunction by Commonwealth of Kentucky, State of Ohio (aty,Faircloth, Jimmy) Modified on 11/23/2021 to modify docket text.(Crick, S). (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
13

SUMMONS ISSUED as to U S Attorney, U S Attorney General, Xavier Becerra, U S Dept of Health & Human Services, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services. (crt,Crick, S) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
14

MOTION for Marc Manley to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4904707) by Commonwealth of Kentucky. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 11/23/2021. (Attachments: # 1 Proposed order, # 2 Certificate of good standing)(aty,Faircloth, Jimmy) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
15

NOTICE of Appearance by Joel L McElvain on behalf of Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services (Attorney Joel L McElvain added to party Xavier Becerra(pty:dft), Attorney Joel L McElvain added to party Chiquita Brooks-Lasure(pty:dft), Attorney Joel L McElvain added to party Centers for Medicare & Medicaid Services(pty:dft), Attorney Joel L McElvain added to party U S Dept of Health & Human Services(pty:dft)) (aty,McElvain, Joel) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
16

NOTICE of Appearance by Michael Drezner on behalf of Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services (Attorney Michael Drezner added to party Xavier Becerra(pty:dft), Attorney Michael Drezner added to party Chiquita Brooks-Lasure(pty:dft), Attorney Michael Drezner added to party Centers for Medicare & Medicaid Services(pty:dft), Attorney Michael Drezner added to party U S Dept of Health & Human Services(pty:dft)) (aty,Drezner, Michael) (Entered: 11/26/2021)

Nov. 26, 2021

Nov. 26, 2021

PACER
17

NOTICE of Appearance by Julie Straus Harris on behalf of Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services (Attorney Julie Straus Harris added to party Xavier Becerra(pty:dft), Attorney Julie Straus Harris added to party Chiquita Brooks-Lasure(pty:dft), Attorney Julie Straus Harris added to party Centers for Medicare & Medicaid Services(pty:dft), Attorney Julie Straus Harris added to party U S Dept of Health & Human Services(pty:dft)) (aty,Harris, Julie) (Entered: 11/26/2021)

Nov. 26, 2021

Nov. 26, 2021

PACER
18

NOTICE of Appearance by Jonathan D Kossak on behalf of Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services (Attorney Jonathan D Kossak added to party Xavier Becerra(pty:dft), Attorney Jonathan D Kossak added to party Chiquita Brooks-Lasure(pty:dft), Attorney Jonathan D Kossak added to party Centers for Medicare & Medicaid Services(pty:dft), Attorney Jonathan D Kossak added to party U S Dept of Health & Human Services(pty:dft)) (aty,Kossak, Jonathan) (Entered: 11/26/2021)

Nov. 26, 2021

Nov. 26, 2021

PACER
19

Consent MOTION for Leave to File Excess Pages re 2 Motion for Preliminary Injunction by Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 11/26/2021. (Attachments: # 1 Proposed pleading, # 2 Proposed order)(aty,McElvain, Joel) Modified on 11/29/2021 to create docket entry relationship and modify docket text.(Crick, S). (Entered: 11/26/2021)

Nov. 26, 2021

Nov. 26, 2021

PACER

Motions Transferred regarding 19 Consent MOTION for Leave to File Excess Pages re 2 Motion for Preliminary Injunction. Motions referred to Judge Terry A Doughty. (crt,Crick, S)

Nov. 26, 2021

Nov. 26, 2021

PACER
20

ORDER granting 19 Motion for Leave to File Excess Pages. Signed by Judge Terry A Doughty on 11/29/2021. (crt,Crawford, A) (Entered: 11/29/2021)

Nov. 29, 2021

Nov. 29, 2021

PACER
21

MEMORANDUM in Opposition to 2 MOTION for Preliminary Injunction filed by Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services. (crt,Crawford, A) (Entered: 11/29/2021)

Nov. 29, 2021

Nov. 29, 2021

Clearinghouse
22

MOTION to Expedite consideration of 2 MOTION for Preliminary Injunction on Written Submissions by State of Alabama, State of Arizona, State of Georgia, State of Idaho, State of Indiana, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of Ohio, State of Oklahoma, State of South Carolina, State of Utah, State of West Virginia. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 11/29/2021. (Attachments: # 1 Memorandum / Brief, # 2 Proposed order)(aty,Faircloth, Jimmy). Added MOTION to set Response date in error on 11/29/2021 (Crawford, A). (Entered: 11/29/2021)

Nov. 29, 2021

Nov. 29, 2021

PACER

Motions Transferred regarding 22 MOTION to Expedite consideration of 2 MOTION for Preliminary Injunction on Written Submissions. Motions referred to Judge Terry A Doughty. (crt,Crick, S)

Nov. 29, 2021

Nov. 29, 2021

PACER
23

ORDER granting 22 Motion to Expedite Consideration. Signed by Judge Terry A Doughty on 11/29/2021. (crt,Crawford, A) (Entered: 11/29/2021)

Nov. 29, 2021

Nov. 29, 2021

PACER
24

Unopposed MOTION for Leave to File Excess Pages re Reply to 2 Motion for Preliminary Injunction by State of Alabama, State of Arizona, State of Georgia, State of Idaho, State of Indiana, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of Ohio, State of Oklahoma, State of South Carolina, State of Utah, State of West Virginia. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 11/29/2021. (Attachments: # 1 Proposed pleading, # 2 Proposed order)(aty,Faircloth, Jimmy) Modified on 11/30/2021 to create docket entry relationship. (Crick, S). (Entered: 11/29/2021)

Nov. 29, 2021

Nov. 29, 2021

PACER

Motions Transferred regarding 24 Unopposed MOTION for Leave to File Excess Pages re Reply to 2 Motion for Preliminary Injunction. Motions referred to Judge Terry A Doughty. (crt,Crick, S)

Nov. 29, 2021

Nov. 29, 2021

PACER
25

ORDER granting 24 Motion for Leave to File Excess Pages. Signed by Judge Terry A Doughty on 11/30/2021. (crt,Crawford, A) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

PACER
26

REPLY to Response to 2 MOTION for Preliminary Injunction filed by Plaintiff States. (crt,Crawford, A) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

Clearinghouse
27

MOTION for Lindsay S. See to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4910469) by State of West Virginia. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 11/30/2021. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

PACER
28

MEMORANDUM RULING re 2 MOTION for Preliminary Injunction filed by State of Louisiana, State of Indiana, State of Montana, State of Arizona, State of Mississippi, State of Utah, State of Idaho, State of Georgia, State of Oklahoma, State of South Carolina, State of Alabama, State of West Virginia. Signed by Judge Terry A Doughty on 11/30/2021. (crt,Crawford, A) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

Clearinghouse
29

ORDER granting 2 Motion for Preliminary Injunction. Signed by Judge Terry A Doughty on 11/30/2021. (crt,Crawford, A) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

PACER
30

ORDER granting 14 Motion to Appear Pro Hac Vice for appearance of Marc Edwin Manley for Commonwealth of Kentucky. Signed by Magistrate Judge Kayla D McClusky on 11/30/2021. (crt,Leday, A) (Entered: 12/01/2021)

Dec. 1, 2021

Dec. 1, 2021

PACER
31

NOTICE OF APPEAL as to 29 Order on Motion for Preliminary Injunction, 28 Memorandum Ruling, by Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services. (Filed on behalf of USA - Filing Fee not required) (aty,McElvain, Joel) (Entered: 12/01/2021)

Dec. 1, 2021

Dec. 1, 2021

PACER
32

MOTION to Stay re 29 Order on Motion for Preliminary Injunction, 28 Memorandum Ruling, Motion for Stay Pending Appeal by Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 12/1/2021. (Attachments: # 1 Memorandum / Brief, # 2 Proposed order)(aty,McElvain, Joel) (Entered: 12/01/2021)

Dec. 1, 2021

Dec. 1, 2021

PACER
33

MOTION for Thomas M. Fisher to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4911714) by State of Indiana. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 12/1/2021. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 12/01/2021)

Dec. 1, 2021

Dec. 1, 2021

PACER

Motions Transferred regarding 32 MOTION to Stay re 29 Order on Motion for Preliminary Injunction, 28 Memorandum Ruling, Motion for Stay Pending Appeal. Motions referred to Judge Terry A Doughty. (crt,Crick, S)

Dec. 1, 2021

Dec. 1, 2021

PACER
34

ORDER granting 27 Motion to Appear Pro Hac Vice for appearance of Lindsay S See for State of West Virginia. Signed by Magistrate Judge Kayla D McClusky on 12/1/2021. (crt,Leday, A) (Entered: 12/01/2021)

Dec. 1, 2021

Dec. 1, 2021

PACER
35

MEMORANDUM ORDER denying 32 Motion to Stay Pending Appeal. Signed by Judge Terry A Doughty on 12/1/2021. (crt,Crawford, A) (Entered: 12/01/2021)

Dec. 1, 2021

Dec. 1, 2021

Clearinghouse
36

MOTION for Thomas T. Hydrick to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4913636) by State of South Carolina. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 12/2/2021. (Attachments: # 1 Proposed order, # 2 Certificate of good standing)(aty,Faircloth, Jimmy) (Entered: 12/02/2021)

Dec. 2, 2021

Dec. 2, 2021

PACER
37

ORDER granting 33 Motion to Appear Pro Hac Vice for appearance of Thomas M Fisher for State of Indiana. Signed by Magistrate Judge Kayla D McClusky on 12/2/2021. (crt,Leday, A) (Entered: 12/02/2021)

Dec. 2, 2021

Dec. 2, 2021

PACER

Set Deadline for Clerk re 31 Notice of Appeal: Certify Appeal Record (21-30734) by Clerk to COA 12/17/2021. (crt,WalkerSld, B)

Dec. 2, 2021

Dec. 2, 2021

PACER

USCA Case Number 21-30734 for 31 Notice of Appeal, filed by Chiquita Brooks-Lasure, Xavier Becerra, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services. (crt,WalkerSld, B)

Dec. 3, 2021

Dec. 3, 2021

PACER
38

ORDER granting 36 Motion to Appear Pro Hac Vice for appearance of Thomas T Hydrick for State of South Carolina. Signed by Magistrate Judge Kayla D McClusky on 12/3/2021. (crt,Leday, A) (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

PACER
39

MEMORANDUM ORDER of USCA as to 31 Notice of Appeal, filed by Chiquita Brooks-Lasure, Xavier Becerra, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services that the opposed motion for stay of the district court's preliminary injunction order pending appeal filed by Appellants Centers for Medicare and Medicaid Services, HHS, Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services and Ms. Chiquita Brooks-Lasure is DENIED insofar as the order applies to the 14 Plaintiff States. A stay is GRANTED as to the order's application to any other jurisdiction. (crt,WalkerSld, B) (Entered: 12/15/2021)

Dec. 15, 2021

Dec. 15, 2021

PACER

ELECTRONICALLY CERTIFIED Record on Appeal to US Court of Appeals re 31 Notice of Appeal, is now available to Appellate Counsel via the 5th Circuit Court of Appeals website. See Instructions for Access and Use of the Electronic Record Download Feature of CM/ECF by clicking here. (USCA #21-30734)If you do not have access to the Electronic Download Feature of CM/ECF, please submit your request for the certified record on appeal to the District Court. (crt,WalkerSld, B)

Dec. 20, 2021

Dec. 20, 2021

PACER
40

MOTION to Stay Further Proceedings by Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 1/6/2022. (Attachments: # 1 Memorandum / Brief, # 2 Proposed order)(aty,McElvain, Joel) (Entered: 01/06/2022)

Jan. 6, 2022

Jan. 6, 2022

PACER

Motions Transferred regarding 40 MOTION to Stay Further Proceedings. Motions referred to Judge Terry A Doughty. (crt,Crick, S)

Jan. 6, 2022

Jan. 6, 2022

PACER
41

MINUTE ENTRY: Government response as to 40 MOTION to Stay Further Proceedings is due by 1/14/2022. Signed by Judge Terry A Doughty on 1/7/2022. (crt,Crawford, A) (Entered: 01/07/2022)

Jan. 7, 2022

Jan. 7, 2022

PACER
42

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,,, with consent by Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 1/11/2022. (Attachments: # 1 Proposed order)(aty,McElvain, Joel) (Entered: 01/11/2022)

Jan. 11, 2022

Jan. 11, 2022

PACER
43

ORDER granting 42 Motion for Extension of Time to Respond to 1 Complaint. Responses due by 2/8/22, should the Court deny the pending Motion to Stay. Signed by Judge Terry A Doughty on 1/11/2022. (crt,Crawford, A) (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

PACER
44

MEMORANDUM in Opposition re 40 MOTION to Stay Further Proceedings filed by State of Alabama, State of Arizona, State of Georgia, State of Idaho, State of Indiana, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of Ohio, State of Oklahoma, State of South Carolina, State of Utah, State of West Virginia. (aty,Murrill, Elizabeth) (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

PACER
45

REPLY to Response to Motion re 40 MOTION to Stay Further Proceedings filed by Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services. (aty,McElvain, Joel) (Entered: 01/18/2022)

Jan. 18, 2022

Jan. 18, 2022

PACER
46

ORDER denying 40 Motion to Stay. Signed by Judge Terry A Doughty on 1/18/2022. (crt,Crawford, A) (Entered: 01/18/2022)

Jan. 18, 2022

Jan. 18, 2022

Clearinghouse
47

MOTION for Morgan Brungard to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4980787) by State of Louisiana. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 2/1/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
48

Consent MOTION for Extension of Time to File Answer re 1 Complaint by Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 2/1/2022. (Attachments: # 1 Proposed order)(aty,McElvain, Joel) Modified on 2/2/2022 to modify docket text. (Crick, S). (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
49

ORDER granting 48 Motion for Extension of Time to Answer 1 Complaint, 11 Amended Complaint. Xavier Becerra answer due 3/1/2022; Chiquita Brooks-Lasure answer due 3/1/2022; Centers for Medicare & Medicaid Services answer due 3/1/2022; U S Dept of Health & Human Services answer due 3/1/2022. Signed by Magistrate Judge Kayla D McClusky on 2/2/2022. (crt,Leday, A) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

PACER
50

ORDER granting 47 Motion to Appear Pro Hac Vice for appearance of Morgan Elizabeth Brungard for State of Louisiana. Signed by Magistrate Judge Kayla D McClusky on 2/2/2022. (crt,Leday, A) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

PACER
51

MOTION to Amend/Correct with opposition by State of Alabama, State of Arizona, State of Georgia, State of Idaho, State of Indiana, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of Ohio, State of Oklahoma, State of South Carolina, State of Utah, State of West Virginia, State of Tennessee, Commonwealth of Virginia. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 2/4/2022. (Attachments: # 1 Proposed pleading Second Amended and Supplemental Complaint, # 2 Proposed order)(Attorney Elizabeth Baker Murrill added to party State of Tennessee(pty:pla), Attorney Elizabeth Baker Murrill added to party Commonwealth of Virginia(pty:pla))(aty,Murrill, Elizabeth) (Entered: 02/04/2022)

Feb. 4, 2022

Feb. 4, 2022

PACER
52

*ISSUED IN ERROR* NOTICE of Motion Setting regarding: 51 MOTION to Amend/Correct with opposition . Motions referred to Judge Terry A Doughty. Responses due by 2/25/2022 (crt,Crick, S) Modified on 2/4/2022 to indicate notice issued in error(Crawford, A). (Entered: 02/04/2022)

Feb. 4, 2022

Feb. 4, 2022

PACER
53

ELECTRONIC MINUTE ENTRY: Defendant's response as to 51 MOTION to Amend/Correct with opposition is due by 5:00 p.m. on 2/7/202. Signed by Judge Terry A Doughty on 2/4/2022. (crt,Crawford, A) (Entered: 02/04/2022)

Feb. 4, 2022

Feb. 4, 2022

PACER

NOTICE of Corrective Action regarding 52 Notice of Motion Setting. Action taken: Entry marked issued in error. See Electronic Minute Entry for Response Deadline. (crt,Crawford, A)

Feb. 4, 2022

Feb. 4, 2022

PACER
54

MOTION for David Dewhirst to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4989067) by State of Montana. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 2/7/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

PACER
55

MEMORANDUM in Opposition re 51 MOTION to Amend/Correct with opposition filed by Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services. (Attachments: # 1 Exhibit A-January 25, 2022 memorandum)(aty,McElvain, Joel) (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

PACER
56

MINUTE ENTRY: Plaintiffs' Reply to Response as to 51 MOTION to Amend/Correct with opposition due by 2/8/2022 at 5:00 p.m. Signed by Judge Terry A Doughty on 2/7/2022. (crt,Crawford, A) (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

PACER
57

ORDER granting 54 Motion to Appear Pro Hac Vice for appearance of David M S Dewhirst for State of Montana. Signed by Magistrate Judge Kayla D McClusky on 2/8/2022. (crt,Crawford, A) (Entered: 02/08/2022)

Feb. 8, 2022

Feb. 8, 2022

PACER
58

REPLY to Response to Motion re 51 MOTION to Amend/Correct with opposition filed by State of Alabama, State of Arizona, State of Georgia, State of Idaho, State of Indiana, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of Ohio, State of Oklahoma, State of South Carolina, State of Tennessee, State of Utah, Commonwealth of Virginia, State of West Virginia. (aty,Murrill, Elizabeth) (Entered: 02/08/2022)

Feb. 8, 2022

Feb. 8, 2022

PACER
59

MEMORANDUM RULING denying 51 Motion for Leave to File Second Amended, Supplemental, and Restated Complaint. Signed by Judge Terry A Doughty on 2/9/2022. (crt,Crawford, A) (Entered: 02/09/2022)

Feb. 9, 2022

Feb. 9, 2022

Clearinghouse
60

NOTICE of Plaintiff's Motion for Remand filed in the US 5th Circuit COA by State of Alabama, State of Arizona, State of Georgia, State of Idaho, State of Indiana, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of Ohio, State of Oklahoma, State of South Carolina, State of Utah, State of West Virginia (aty,Murrill, Elizabeth) (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER
61

APPEAL REMARK re 31 Notice of Appeal: Non Dispositive Unpublished Opinion - Judge: LHS, Judge: JEG, Judge: GJC. denying Motion to remand case filed by Appellees State of Montana, State of South Carolina, State of Alabama, State of Louisiana, State of Oklahoma, State of Ohio, State of Georgia, State of Utah, State of West Virginia, State of Mississippi, State of Arizona, State of Indiana, State of Idaho and Commonwealth of Kentucky. (USCA #21-30734) ((crt,WalkerSld, B) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
62

Consent MOTION for Extension of Time to File Answer re 11 Amended Complaint,, with consent by Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 2/23/2022. (Attachments: # 1 Proposed order)(aty,McElvain, Joel) (Entered: 02/23/2022)

Feb. 23, 2022

Feb. 23, 2022

PACER
62

Consent MOTION for Extension of Time to File Answer re 11 Amended Complaint,, with consent by Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 2/23/2022. (Attachments: # 1 Proposed order)(aty,McElvain, Joel) (Entered: 02/23/2022)

Feb. 23, 2022

Feb. 23, 2022

PACER
63

ORDER granting 62 Motion for Extension of Time to Answer 11 Amended Complaint. Defendants shall file an answer or otherwise respond no later than 14 days following the Fifth Circuit's disposition of Plaintiffs' pending rehearing petition. Signed by Magistrate Judge Kayla D McClusky on 2/28/2022. (crt,Leday, A) (Entered: 02/28/2022)

Feb. 28, 2022

Feb. 28, 2022

PACER
63

ORDER granting 62 Motion for Extension of Time to Answer 11 Amended Complaint. Defendants shall file an answer or otherwise respond no later than 14 days following the Fifth Circuit's disposition of Plaintiffs' pending rehearing petition. Signed by Magistrate Judge Kayla D McClusky on 2/28/2022. (crt,Leday, A) (Entered: 02/28/2022)

Feb. 28, 2022

Feb. 28, 2022

PACER
63

ORDER granting 62 Motion for Extension of Time to Answer 11 Amended Complaint. Defendants shall file an answer or otherwise respond no later than 14 days following the Fifth Circuit's disposition of Plaintiffs' pending rehearing petition. Signed by Magistrate Judge Kayla D McClusky on 2/28/2022. (crt,Leday, A) (Entered: 02/28/2022)

Feb. 28, 2022

Feb. 28, 2022

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Presidential/Gubernatorial Authority

Public Benefits/Government Services

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Nov. 15, 2021

Closing Date: Dec. 2, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

14 U.S. states

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Health and Human Services (HHS) (- United States (national) -), Federal

Case Details

Causes of Action:

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

Medicare, 42 U.S.C. 1395-1395lll (Title XVIII of the Social Security Act)

Constitutional Clause(s):

Federalism (including 10th Amendment)

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

COVID-19:

COVID vaccination ordered