Case: Braid v. Stilley

Braid v. Gomez

Center for Reproductive Rights

COMPLAINT for Interpleader and Declatory Judgment filed by Alan Braid against Felipe Gomez, Wolfgang Hirczy de Mino, Oscar Stilley (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Agrawal, Suyash) Docket Text Modified by Clerk's Office on 10/6/2021) (jg, ). (Entered: 10/05/2021)

1 Civil Cover Sheet

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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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ATTORNEY Appearance for Interpleader Alan Braid by Suyash Agrawal (Agrawal, Suyash) (Entered: 10/05/2021)

ATTORNEY Appearance for Interpleader Alan Braid by Alethea Anne Swift (Swift, Alethea) (Entered: 10/05/2021)

Notice of Constitutional Question by Alan Braid (Agrawal, Suyash) (Entered: 10/05/2021)

MOTION for Interpleader Deposit (28 U.S.C. Section 1335) (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Agrawal, Suyash) (Entered: 10/06/2021)

CASE ASSIGNED to the Honorable Jorge L. Alonso. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (dxb, )

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18744651. (Duane, Molly) (Entered: 10/06/2021)

NOTICE of Motion by Suyash Agrawal for presentment of MOTION for Interpleader Deposit (28 U.S.C. Section 1335) 5 before Honorable Jorge L. Alonso on 10/13/2021 at 09:30 AM. (Agrawal, Suyash) (Entered: 10/06/2021)

MOTION by Plaintiff Alan BraidMOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18745296 (Stewart, Meredith) (Entered: 10/06/2021)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18745581. (Ray, Ebony) (Entered: 10/06/2021)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18745890. / Motion for Leave for Shannon R. Selden to Appear Pro Hac Vice (Attachments: # 1 Addendum--Additional Court Admissions)(Selden, Shannon) (Entered: 10/06/2021)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18745927. (Peaslee, Katherine) (Entered: 10/06/2021)

PRO SE Appearance by Defendant Felipe N. Gomez (nsf, ) (Received for docketing on 10/25/21) (Entered: 10/25/2021)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18747870. (Hess, Richard) (Entered: 10/07/2021)

SUMMONS Issued as to Defendants Felipe N. Gomez, Wolfgang P. Hirczy De Mino, Oscar Stilley (dxb, )

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18749599. Abigail C. Noebels (Noebels, Abigail) (Entered: 10/07/2021)

MOTION by Defendant Felipe N. Gomez for Judicial notice of correct complaints in Gomez v. Braid, 21 CI 19920(Bexar COunty District Court, TX). (nsf, ) (Entered: 10/12/2021)

MOTION by Defendant Felipe N. Gomez FRCP 12(b)(1) Motion to dismiss Interpleader defendant Felipe Gomez for lack of Controversy and lack of subject matter jurisdiction. (Exhibits) (nsf, ) (Entered: 10/12/2021)

MINUTE entry before the Honorable Jorge L. Alonso: Interpleader Plaintiff's motion for leave to deposit interpleader funds 5 is granted. Enter Order. Plaintiff's motions for leave to appear pro hac vice 6, 8, 9, 10, 11, 12, 13 are granted. Motion hearing date of 10/13/21 is stricken. Notice mailed by Judge's staff (lf, ) (Entered: 10/12/2021)

ORDER Granting Interpleader Plaintiff's Motion For Leave To Deposit Interpleader Funds. Signed by the Honorable Jorge L. Alonso on 10/15/2021. Notice mailed by Judge's staff (lf, ) (Entered: 10/15/2021)

NOTICE of filing by Felipe N. Gomez re MOTION by Defendant Felipe N. GomezFRCP 12(b)(1) Motion to dismiss Interpleader defendant Felipe Gomez for lack of Controversy and lack of subject matter jurisdiction 15, MOTION by Defendant Felipe N. Gomez for Judicial notice of correct complaints in Gomez v. Braid, 21 CI 19920(Bexar COunty District Court, TX) 14 (nsf, ) (Entered: 10/15/2021)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18773066. (Hearron, Marc) (Entered: 10/15/2021)

BOND in the amount of $ 10,000.00 cashier's check, Receipt No. 4624263157, posted by Alan Braid. (jmk, )

MOTION by Defendant Felipe N. Gomez to expedite Motion for Judicial Notice 14, 18,and Motion to Dismiss 15 . (nsf, ) (Entered: 10/21/2021)

PRO SE Appearance by Defendant Felipe N. Gomez. (nsf, ) (Entered: 10/21/2021)

ANSWER to Intervenor Complaint, and COUNTERCLAIM filed by Oscar Stilley against Alan Braid . by Oscar Stilley(Stilley, Oscar) (Entered: 11/07/2021)

NOTICE of Motion by Felipe N. Gomez for presentment of motion to expedite 20, motion for miscellaneous relief 14, motion for miscellaneous relief 15 before Honorable Jorge L. Alonso on 11/19/2021 at 09:30 AM. (Exhibits) (ph, ) Modified on 11/17/2021 (ph, ). (Entered: 11/15/2021)

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing set for 11/19/21 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff (lf, ) (Entered: 11/18/2021)

STATUS Report on service, Motions, Stilley Answer/Counterclaim filed by Defendant Felipe N. Gomez. (jh, ) (Entered: 11/19/2021)

MOTION by Defendant Felipe N. Gomez to dismiss for lack of jurisdiction and subject matter. Affidavit disavowing any demand for $10,000 on Dr. Braid, submitted in support of FRCP 12(b)(1). (nsf, ) (Entered: 11/22/2021)

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held. For the reasons stated on the record, Interpleader Plaintiff's motion for leave to deposit interpleader funds 5 is granted. Defendant Gomez's motion for judicial notice of correct complaints in Gomez v Braid, 21 CI 19920 14 is withdrawn. The parties shall file a single response brief to Defendant Gomez's FRCP 12(b)(1) motion to dismiss interpleader defendant Felipe Gomez for lack of controversy and lack of subject matter jurisdiction 15 and Motion to expedite motion for judicial notice and motion to dismiss 20 by 12/3/21. Defendant's reply shall be filed by 12/17/21. The time for service by Plaintiff is extended to 12/1/21. Responses to Defendant Stilley's counterclaim shall be filed by 12/27/21. Plaintiff's motion for leave to appear pro hac vice 19 is granted. Attorney Marc Hearron is given leave to file an appearance on behalf of Plaintiff. Telephonic status hearing set for 1/11/22 at 9:30 a.m. The parties are directed to file a joint status report, or separate if not possible, by 1/7/22. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff (lf, ) (Entered: 11/22/2021)

MOTION by Defendant Felipe N. Gomez to issue FRCP 5(p) certification, to certify this matter to USCA7 per 4, and stay all proceedings below. (Exhibits) (nsf, ) (Entered: 11/22/2021)

MOTION by Defendant Felipe N. Gomez to join USA and Texas as necessary parties. (Exhibits) (nsf, ) (Entered: 11/22/2021)

MOTION by Defendant Felipe N. Gomez for judicial notice of Honorable Judge Robert L. Pitman 21cv796(WDTX-Austin 68 )10.6.21 Order. (nsf, ) (Entered: 11/22/2021)

MOTION by Defendant Felipe N. Gomez to reset briefing schedule, MOTION by Defendant Felipe N. Gomez to strike due to absence of Texas, USA, Demino.(nsf, ) (Entered: 11/23/2021)

NOTICE of Motion by Felipe N. Gomez for presentment of motion for miscellaneous relief 31, motion for miscellaneous relief 29, motion to reset, motion to strike 32, motion to join 30 before Honorable Jorge L. Alonso on 11/30/2021 at 09:30 AM. (nsf, ) (Entered: 11/23/2021)

MOTION by Defendant Felipe N. Gomez STATUS REPORT ON SETTLEMENT ATTEMPTS AND NOTICE OF INTENT TO ORALLY SEEK 28 USC 1292(b) FINDING BY THE COURT AS TO NOTICE 4 . (nsf, ) (Entered: 11/29/2021)

ORDER : Defendant's motion for certification under FRCP 5.1 29 is granted. Per Rule 5.1(b) of the Federal Rules of Civil Procedure, the Court certifies, under 28 U.S.C ยง 2043, to the Texas Attorney General that Plaintiff Alan Braid challenges the constitutionality of Texas Senate Bill 8. See 1 4 . The Court denies Defendant's motions to reset the briefing schedule 32 ; motion for judicial notice 31 ; motion to join the United States and Texas as required parties 30 ; and motion for leave to file an interlocutory appeal 34 . The hearing set for November 30, 2021 is stricken. Signed by the Honorable Jorge L. Alonso on 11/29/2021. Notice mailed by Judge's staff (lf, ) (Entered: 11/29/2021)

PRO SE Appearance by Defendant Felipe N. Gomez. (nsf, ) (Entered: 12/01/2021)

REPORT on settlement attempts engendered by Order 35 by Felipe N. Gomez. (nsf, ) (Entered: 12/01/2021)

MOTION by Plaintiff Alan Braid, Counter Defendant Alan Braid for Leave to Serve Dr. Wolfgang P. Hirzcy de Mino with Substituted Service (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order)(Noebels, Abigail) (Entered: 12/01/2021)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Text of Proposed Order

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NOTICE of Motion by Abigail C. Noebels for presentment of motion for miscellaneous relief, 38 before Honorable Jorge L. Alonso on 12/7/2021 at 09:30 AM. (Noebels, Abigail) (Entered: 12/01/2021)

RESPONSE by Alan Braidin Opposition to MOTION by Defendant Felipe N. GomezFRCP 12(b)(1) Motion to dismiss Interpleader defendant Felipe Gomez for lack of Controversy and lack of subject matter jurisdiction 15 (Attachments: # 1 Declaration of Katherine Peaslee, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Peaslee, Katherine) (Entered: 12/03/2021)

1 Declaration of Katherine Peaslee

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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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MINUTE entry before the Honorable Jorge L. Alonso: Motion hearing previously set for 12/7/21 is stricken and reset to telephonic motion hearing on 12/8/21 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff (lf, ) (Entered: 12/06/2021)

MOTION by Defendant Felipe N. Gomez to strike immaterial non-recorded emails (peaslee declaration exhibits a-e)and related text at pages 8-9 of response 40 to dismiss, and for sanctions. (nsf, ) (Entered: 12/07/2021)

MOTION by Defendant Felipe N. Gomez 59(e)for reconsideration of 35,for immediate dismissal Sua Sponte, for grant of immediate permissive joinder of USA and Texas, or for 28 USC 1292(b)finding. (Exhibits) (nsf, ) (Entered: 12/07/2021)

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held. For the reasons stated on the record, Interpleader Plaintiff's Dr. Braid's motion for leave to serve Dr. Wolfgang P. Hirczy de Mino with substituted service 38 is granted. Interpleader Plaintiff Dr. Braid's shall serve Defendant by substitute service in five days from entry of this order. Defendant's Gomez's FRE/FRCP 12(f) motion to strike immaterial non-record emails (Peaslee Declaration Exhibits A-E) and related text at pages 8-9 of response 40 to motion to dismiss, and for sanctions 42 is denied. Defendant Gomez's motion and argument in support of reconsideration of 35, for immediate dismissal sua sponte, for grant of immediate permissive joinder of USA and Texas, or for 28 USC1292(b) finding 43 is taken under advisement. Notice mailed by Judge's staff (lf, ) (Entered: 12/08/2021)

SUMMONS Returned Executed by Alan Braid as to Wolfgang P. Hirczy De Mino on 12/9/2021, answer due 12/30/2021. (Agrawal, Suyash) (Entered: 12/09/2021)

MOTION by Defendant Felipe N. Gomez to dismiss due to dismissal of 21CI19920. (Exhibits) (nsf, ) (Entered: 12/10/2021)

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing set for 12/20/21 at 9:00 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff (lf, ) (Entered: 12/13/2021)

Pre-Hearing STATEMENT by Alan Braid re: Effect of Recent Texas SB 8 Filings and Decisions on this Action (Hess, Richard) (Entered: 12/19/2021)

MOTION by Defendant Felipe N. Gomezto treat "statement" 48 as response to motion to dismiss 46 and allow reply. (nsf, ) (Entered: 12/20/2021)

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held and continued to 1/25/22 at 9:30 a.m. Plaintiff's response to Defendant Gomez's motion to dismiss due to dismissal of 21CI19920 46 shall be filed by 1/3/21; Defendant's reply shall be filed by 1/17/22. Telephonic status hearing previously set for 1/11/22 and status report deadline of 1/7/22 are stricken. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff (lf, ) (Entered: 01/06/2022)

EXHIBIT by Defendant Felipe N. Gomez in support of motion to dismiss 46 and reply to Stilley "Statement"/Response 48 . (Exhibits). (jn, ) (Entered: 12/21/2021)

NOTICE of filing of Exhibit in support of motions to dismiss 15 & 46 and in opposition to Braid "Statement"/response 48 . by Felipe N. Gomez. (nsf, ) (Entered: 12/27/2021)

ANSWER to counterclaim by Alan Braid(Peaslee, Katherine) (Entered: 12/27/2021)

NOTICE by Felipe N. Gomez of filing of exhibits in relation to motions for dismissal 15 & 46, relating to defendant Demino misconduct and notice of intent to file FRCP 13 crossclaim, and suggestion to take motions under advisement pending addressing Demino issue (Exhibits) (exr, ) (Entered: 01/03/2022)

RESPONSE by Alan Braidin Opposition to MOTION by Defendant Felipe N. Gomez to dismiss 46 (Attachments: # 1 Declaration of Katherine Peaslee, # 2 Exhibit A)(Peaslee, Katherine) (Entered: 01/03/2022)

1 Declaration of Katherine Peaslee

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2 Exhibit A

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REPLY by Defendant Felipe N. Gomez to response in opposition to motion 54 . (nsf, ) (Entered: 01/04/2022)

STATUS Report as to unavailability for 1.25.22 Status/Hearing filed by Felipe N. Gomez. (Exhibit) (jh, ) (Entered: 01/24/2022)

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing previously set fro 1/25/22 is stricken and reset to 2/8/22 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff (lf, ) (Entered: 01/24/2022)

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing previously set for 2/8/22 is stricken and reset to 2/16/22 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff (lf, ) (Entered: 02/07/2022)

MOTION by Plaintiff Alan Braid, Counter Defendant Alan Braid for leave to file excess pages (Attachments: # 1 Exhibit Proposed Motion for Summary Judgment)(Agrawal, Suyash) (Entered: 02/11/2022)

NOTICE of Motion by Suyash Agrawal for presentment of motion for leave to file excess pages 60 before Honorable Jorge L. Alonso on 2/16/2022 at 09:30 AM. (Agrawal, Suyash) (Entered: 02/11/2022)

OBJECTION to request for briefing of motion for overlarge motion and status report as to Demino (99.9% Likely) getting Dwop'd on 21-2276-C/B Today moooting matter (Again). by Felipe Gomez. (Attachments) (gcy, ) Modified on 2/14/2022 (gcy, ). (Entered: 02/11/2022)

STATUS REPORT on Status, and (99.9% Likely) impending dismissal of Deminio's Texas Appeal (4th Ct #21-00017) of nonappealable final nonsuit of GomezvV Braid et al 21CI19920 (Bexar Co. TX) filed by Felipe N. Gomez. (Exhibits) (jh, ) (Entered: 02/14/2022)

RESPONSE and Objection to Motion for overlarge Motion and Brief filed by Defendant Felipe N. Gomez. (jh, ) (Entered: 02/15/2022)

NOTICE of appeal by Felipe N. Gomez regarding orders 32, 35, 28, 44, 31 . (jh, ) (Entered: 02/15/2022)

NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 65 . (jh, ) (Entered: 02/15/2022)

TRANSMITTED to the 7th Circuit the short record on notice of appeal 65 . Notified counsel. (jh, ) (Entered: 02/15/2022)

ORDER: For the reasons below, the Court denies Gomez's motions 15 20 27 43 46 and 49 . The Court, however, grants the parties leave to file supplemental briefs to show cause why judgment should not be entered that Gomez is not entitled to the statutory damages award under Texas Senate Bill 8 relating to the abortion procedure performed by Alan Braid, M.D. on September 6, 2021. Intervenor-Defendant Gomez has until March 7, 2022 to file his brief. Any other interested party is granted until March 21, 2022 to file a brief on this issue. Gomez is granted until April 4, 2022 to file any reply. Motion hearing date of 2/16/22 is stricken. Signed by the Honorable Jorge L. Alonso on 2/15/2022. Notice mailed by Judge's staff (lf, ) (Entered: 02/15/2022)

MINUTE entry before the Honorable Jorge L. Alonso: Interpleader Plaintiff'sMotion for leave to file brief in excess of fifteen pages 60 is granted. Notice mailed by Judge's staff (lf, ) (Entered: 02/15/2022)

AMENDED NOTICE of appeal by Felipe N. Gomez regarding orders 15, 43, 27, 20, 46 . (jh, ) (Entered: 02/16/2022)

AMENDED NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 70 (jh, ) (Entered: 02/16/2022)

TRANSMITTED to the 7th Circuit the short record on Amended Notice of Appeal 70 . Notified counsel (jh, ) (Entered: 02/16/2022)

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 65 ; USCA Case No. 22-1236. (nsf, ) (Entered: 02/16/2022)

CIRCUIT Rule 3(b) Fee Notice. (nsf, ) (Entered: 02/16/2022)

MOTION by Plaintiff Alan Braid for summary judgment (Attachments: # 1 Memorandum of Law In Support of Interpleader Plaintiff Alan Braid, M.D.'s Motion For Summary Judgment, # 2 Local Rule 56.1(a)(2) Statement of Material Facts, # 3 Appendix A, # 4 Appendix B)(Peaslee, Katherine) (Entered: 02/17/2022)

1 Memorandum of Law In Support of Interpleader Plaintiff Alan Braid, M.D.'s

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2 Local Rule 56.1(a)(2) Statement of Material Facts

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3 Appendix A

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4 Appendix B

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NOTICE of Motion by Katherine Peaslee for presentment of motion for summary judgment, 75 before Honorable Jorge L. Alonso on 2/25/2022 at 09:30 AM. (Peaslee, Katherine) (Entered: 02/17/2022)

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 70 ; USCA Case No. 22-1248. (nsf, ) (Entered: 02/17/2022)

CIRCUIT Rule 3(b) Fee Notice. (nsf, ) (Entered: 02/17/2022)

MOTION by Defendant Felipe N. Gomez for judicial notice of honorable Texas court of appeals February 16, 2022, order finding that Gomez sought only declaratory not monetary relief at the time of filing of 21cv5283, and that Gomez v Braid, 21CI19920, is extinguished. (Exhibits) (rc, ) (Entered: 02/22/2022)

NOTICE by Felipe N. Gomez of filing of motion to add Texas, stay or FRAP 42 in USCA7 Appeal 22-1248. (Exhibits) (rc, ) (Entered: 02/22/2022)

MINUTE entry before the Honorable Jorge L. Alonso: Intervenor-defendant Felipe Gomez's motion for judicial notice 79 is granted in part and denied in part. The Court takes judicial notice of the Fourth Court of Appeals' (in San Antonio, Texas) order in case no. 04-22-0017-CV dated February 16, 2022. The Court otherwise denies the motion and keeps in place the briefing schedule previously set by the Court to show cause why judgment should not be entered that, based on res judicata, Gomez is not entitled to the statutory damages award under Texas Senate Bill 8 relating to the abortion procedure performed by Alan Braid, M.D. on September 6, 2021. See 68 . The Court sets the following briefing schedule with respect to intervenor-plaintiff's motion for summary judgment: intervenor-defendants' responses due on or before March 28, 2022; any reply is due on or before April 11, 2022. Motion hearing date of 2/25/22 is stricken. Notice mailed by Judge's staff (lf, ) (Entered: 02/24/2022)

MOTION by Defendant Felipe N. Gomez for Judicial Notices of Demino Nonsuit. (Exhibits) (nsf, ) (Entered: 02/28/2022)

CERTIFIED copy of order dated 2/28/22 from the Seventh Circuit regarding notice of appeal 70 ; Appellate case no. : 22-1248. IT IS ORDERED that the petition for a writ of mandamus is DENIED. IT IS FURTHER ORDERED that the motion to stay the appeal is DENIED. IT IS FINALLY ORDERED that the motion to voluntarily dismiss without prejudice is DENIED. Federal Rule of Appellate Procedure 42(b) allows an appellant to voluntarily dismiss an appeal, but once the appeal is dismissed, the appellant cannot reinstate it at a later date. (nsf, ) (Entered: 02/28/2022)

MOTION by Defendant Felipe N. Gomez to strike Braid Statement in support of motion for summary judgment [75-3, Appendix 1, Exh. 1] in nearly its entirety for failure to comply with FRCP 56 and FRE 602. (gcy, ) (Entered: 03/01/2022)

CERTIFIED copy of order dated 2/28/22 from the Seventh Circuit regarding notice of appeal 70 ; Appellate case no. : 22-1248. IT IS ORDERED that the petition for a writ of mandamus is DENIED. IT IS FURTHER ORDERED that the motion to stay the appeal is DENIED. IT IS FINALLY ORDERED that the motion to voluntarily dismiss without prejudice is DENIED. Federal Rule of Appellate Procedure 42(b) allows an appellant to voluntarily dismiss an appeal, but once the appeal is dismissed, the appellant cannot reinstate it at a later date. (nsf, ) (Entered: 02/28/2022)

MOTION by Defendant Felipe N. Gomez to strike Braid Statement in support of motion for summary judgment [75-3, Appendix 1, Exh. 1] in nearly its entirety for failure to comply with FRCP 56 and FRE 602. (gcy, ) (Entered: 03/01/2022)

MANDATE of USCA dated 3/4/22 regarding notice of appeal 70, notice of appeal 65 ;USCA No.22-1236, 22-1248 ; No record to be returned. (nsf, ) (Entered: 03/04/2022)

CERTIFIED copy of order dated 3/4/22 from the Seventh Circuit regarding notice of appeal 70, notice of appeal 65 ; Appellate case no. : 22-1236, 22-1248. IT IS ORDERED that this case is DISMISSED, pursuant to Federal Rule of AppellateProcedure 42(b). (nsf, ) (Entered: 03/04/2022)

RESPONSE by Defendant Felipe N. Gomeze Local Rule 56.1(b)(3)(A)and (B) to Braid's FRCP LR56.1(a)(2) statement. (nsf, ) (Entered: 03/04/2022)

MOTION by Defendant Oscar Stilley for leave to file excess pages up to 25, in response to motion for summary judgment. (Stilley, Oscar) (Entered: 03/08/2022)

NOTICE of Motion by Oscar Stilley for presentment of motion for leave to file excess pages 88 before Honorable Jorge L. Alonso on 3/16/2022 at 09:30 AM. (Stilley, Oscar) (Entered: 03/08/2022)

MINUTE entry before the Honorable Jorge L. Alonso: Defendant Oscar Stilley's unopposed motion for leave to file overlength brief in response to motion for summary judgment 88 is granted. Motion hearing date of 3/16/22 is stricken. Notice mailed by Judge's staff (lf, ) (Entered: 03/11/2022)

AGREED MOTION TO RESET 68 AND COMBINE BRIEFING SCHEDULES [68, 81] AND GOMEZ MOTION TO SET BRIEFING ON MOTION TO STRIKE 84 . (nsf, ) (Entered: 03/14/2022)

Notice of Non-Response by F. Gomez to Show Cause Order (Dkt. 68) by Alan Braid (Agrawal, Suyash) (Entered: 03/18/2022)

MOTION by Defendant Felipe N. Gomez to strike 92 which is not a "Notice" BTU rather to treat as response to 91 or an unnoticed motion, and to grant relief in 91 without need to notice up and have a hearing. (gcy, ) (Additional attachment(s) added on 3/21/2022: # 1 Proposed Order) (gcy, ). (Entered: 03/21/2022)

RESPONSE by Oscar Stilley to MOTION by Plaintiff Alan Braid for summary judgment 75 (Stilley, Oscar) (Entered: 03/28/2022)

RULE 56 LR 56.1(b)(3) Statement by Oscar Stilley regarding motion for summary judgment, 75 response to material facts, and additional material facts. (Stilley, Oscar) (Entered: 03/28/2022)