The State of Louisiana v. Becerra

State of Louisiana v. Becerra

The State of Louisiana v. Becerra

State of Louisiana v. Becerra

2021 WL 5609846

State of Louisiana v. Becerra

U. S. Court of Appeals for the Fifth Circuit

20 F.4th 260

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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Case Assigned/Reassigned

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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Notice of Corrective Action

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

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)

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)

Notice of Corrective Action

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)

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)

*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)

Case Assigned/Reassigned

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)

Notice of Corrective Action

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

Motions Transferred

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)

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)

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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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)

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)

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)

Motions Transferred

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)

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)

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

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)

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)

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)

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

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)

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

Motions Transferred

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)

Motions Transferred

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)

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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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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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)

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)

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)

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)

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)

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

USCA Case Number

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)

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)

~Util - Set/Reset Appeal Deadlines

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)

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)

Appeal Record Certified to USCA

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

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)

Motions Transferred

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)

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)

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)

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)

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

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)

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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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)

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)

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

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2 Proposed order

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*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)

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)

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)

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

Notice of Corrective Action

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)

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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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)

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)

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)

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)

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)

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)

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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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)

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

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2 Proposed order

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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)

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)

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)

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)

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)

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)

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