Case: Louisiana v. Becerra

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

Filed Date: Nov. 15, 2021

Clearinghouse coding in progress

Case Summary

(This summary is temporary, while we research the case.)

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. 2021 WL 5609846. The defendants appealed and requested the lower court issue a stay pending appeal, which the court denied the same day.


People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/61408494/parties/louisiana-v-becerra/

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
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
28

3:21-cv-03970

Memorandum Ruling

State of Louisiana v. Becerra

2021 WL 5609846

Nov. 30, 2021

Nov. 30, 2021

Order/Opinion
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

20 F.4th 260

Dec. 15, 2021

Dec. 15, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/61408494/louisiana-v-becerra/

Last updated June 6, 2022, 3:14 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)

1 Civil cover sheet

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Nov. 15, 2021

Nov. 15, 2021

Clearinghouse

Case Assigned/Reassigned

Nov. 15, 2021

Nov. 15, 2021

PACER
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)

1 Memorandum in Support

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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15 Exhibit N

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16 Exhibit O

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17 Exhibit P

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18 Proposed order

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Nov. 15, 2021

Nov. 15, 2021

Clearinghouse

Notice of Corrective Action

Nov. 15, 2021

Nov. 15, 2021

PACER

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

Notice of Corrective Action

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

Case Assigned/Reassigned

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

Notice of Corrective Action

Nov. 18, 2021

Nov. 18, 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

RECAP
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

Motions Transferred

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)

1 Proposed pleading Defendants' opposition to motion for preliminary injuncti

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2 Proposed order

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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

Motions Transferred

Nov. 29, 2021

Nov. 29, 2021

PACER
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

RECAP
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)

1 Searchable Copy of Opinion

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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

RECAP

Motions Transferred

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

Motions Transferred

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

RECAP
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)

1 Memorandum / Brief

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2 Proposed order

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Dec. 1, 2021

Dec. 1, 2021

Clearinghouse
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)

1 Certificate of good standing

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2 Proposed order

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Dec. 1, 2021

Dec. 1, 2021

RECAP

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

RECAP
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

Dec. 3, 2021

Dec. 3, 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

~Util - Set/Reset Appeal Deadlines

Dec. 7, 2021

Dec. 7, 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

RECAP

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

Appeal Record Certified to USCA

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)

1 Memorandum / Brief

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2 Proposed order

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Jan. 6, 2022

Jan. 6, 2022

RECAP

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

RECAP

Motions Transferred

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

RECAP
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

RECAP
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

RECAP
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)

1 Proposed order

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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

RECAP
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)

1 Proposed pleading Second Amended and Supplemental Complaint

View on RECAP

2 Proposed order

View on RECAP

Feb. 4, 2022

Feb. 4, 2022

RECAP
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

RECAP
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

~Util - Set Motion and R&R Deadlines/Hearings AND Minute Entry

Feb. 4, 2022

Feb. 4, 2022

PACER

Notice of Corrective Action

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)

1 Exhibit A-January 25, 2022 memorandum

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Feb. 7, 2022

Feb. 7, 2022

RECAP
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

RECAP
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

RECAP
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

RECAP
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

RECAP
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)

1 Proposed order

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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

RECAP
64

MOTION to Dismiss For Failure to State a Claim First Amended 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. (Attachments: # 1 Memorandum / Brief, # 2 Proposed order)(aty,McElvain, Joel) (Entered: 03/17/2022)

1 Memorandum / Brief

View on PACER

2 Proposed order

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March 17, 2022

March 17, 2022

PACER
65

NOTICE of Motion Setting regarding: 64 MOTION to Dismiss For Failure to State a Claim First Amended Complaint. Motions referred to Magistrate Judge Kayla D McClusky. Responses due by 4/8/2022. (crt,Thomas, T) (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

RECAP
66

MEMORANDUM in Opposition re 64 MOTION to Dismiss For Failure to State a Claim First Amended Complaint 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: 04/08/2022)

April 8, 2022

April 8, 2022

RECAP
67

Consent MOTION for Extension of Time to File Response/Reply as to 64 MOTION to Dismiss For Failure to State a Claim First Amended 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 4/11/2022. (Attachments: # 1 Proposed order)(aty,Kossak, Jonathan) Modified docket text on 4/12/2022 (Miletello, A). (Entered: 04/11/2022)

April 11, 2022

April 11, 2022

PACER
68

ORDER granting 67 Motion for Extension of Time to File Reply re 64 MOTION to Dismiss For Failure to State a Claim. Replies due by 4/29/2022. Signed by Judge Terry A Doughty on 4/12/2022. (crt,Crawford, A) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

PACER
68

ORDER granting 67 Motion for Extension of Time to File Reply re 64 MOTION to Dismiss For Failure to State a Claim. Replies due by 4/29/2022. Signed by Judge Terry A Doughty on 4/12/2022. (crt,Crawford, A) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

PACER
69

REPLY to Response to Motion re 64 MOTION to Dismiss For Failure to State a Claim First Amended Complaint filed by Xavier Becerra, Chiquita Brooks-Lasure, Centers for Medicare & Medicaid Services, U S Dept of Health & Human Services. (aty,McElvain, Joel) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

RECAP
70

Appear Pro Hac Vice

1 Certificate of good standing

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2 Proposed order

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June 1, 2022

June 1, 2022

PACER
71

Appear Pro Hac Vice

June 2, 2022

June 2, 2022

PACER
72

Order on Motion to Appear Pro Hac Vice

June 2, 2022

June 2, 2022

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Nov. 15, 2021

Plaintiffs

Plaintiff Description:

12 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:

Ex Parte Young (Federal) or Bivens

Social Security (Title XX), 42 U.S.C. §§ 1397 et seq.

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

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Issues

COVID-19:

COVID vaccination ordered