Case: Braid v. Stilley

1:21-cv-05283 | U.S. District Court for the Northern District of Illinois

Filed Date: Oct. 5, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

The Center for Reproductive Rights and private counsel filed this suit on October 5, 2021 on behalf of a physician who violated S.B. 8, the Texas law banning abortion care at approximately six weeks of pregnancy, in the U.S. District Court for the Northern District of Illinois. The suit was an interpleader action brought under the Declaratory Judgment Act and sought a declaration that S.B. 8 was unconstitutional. The case was assigned to Judge Jorge Alonso.  The interpleader action was brought …

The Center for Reproductive Rights and private counsel filed this suit on October 5, 2021 on behalf of a physician who violated S.B. 8, the Texas law banning abortion care at approximately six weeks of pregnancy, in the U.S. District Court for the Northern District of Illinois. The suit was an interpleader action brought under the Declaratory Judgment Act and sought a declaration that S.B. 8 was unconstitutional. The case was assigned to Judge Jorge Alonso. 

The interpleader action was brought against three individuals who sued the physician under S.B. 8 seeking statutory damages for violating the law. Only one of these plaintiffs was entitled to damages under S.B. 8 because each suit addressed the same alleged violation. As an interpleader action, the physician was asking the court to determine which interpleader-defendant, if any, was entitled to statutory damages in their separate suits against the physician. The lawsuit also asked the court to declare S.B. 8 unconstitutional for violating the First and Fourteenth Amendment. The First Amendment claims alleged violations of free speech and freedom to petition. The Fourteenth Amendment claims alleged violations of substantive due process, equal protection, supremacy, and vagueness. 

On November 29, 2021, Judge Alonso ruled on several motions before the court. First, he certified to the Texas Attorney General that the physician challenged the constitutionality of Texas's S.B. 8 under Federal Rule of Civil Procedure 51. Next, the court denied defendant's motion for the court to take judicial notice of a Texas U.S. district court's ruling on the constitutionality of S.B. 8. Judge Alonso explained that judicial notice was improper at that time because there was no pending evidentiary dispute. The court also denied defendant's motion to join the United States and the state of Texas. Accordingly, Judge Alonso denied defendant's motion to vacate the briefing schedule since joinder was denied for the United States and Texas. Finally, the court denied defendant’s motion for leave to appeal for failing to identify any issue that involved a controlling question of law for which an immediate appeal would be beneficial.

Three months later, on February, 15, 2022, the court issued several more orders on a litany of defendant's motions. The court began by summarily denying defendants' motions for an expedited hearing on defendant's first motion to dismiss as well as their motion to treat the physician's prehearing statement as a response to his second motion to dismiss. Each motion was denied as moot. The former was unnecessary because the court's order ruled on the first motion to dismiss. The latter was moot because the court had set a briefing schedule allowing the physician to file a formal response.

The court discussed defendant's motions to reconsider but dismissed it, too. First, Judge Alonso denied defendant's motion to reconsider its November 29th decision. The court's November 29th orders were inapt for reconsideration because defendant failed to identify any manifest error or newly discovered evidence warranting reconsideration. Then, Judge Alonso denied defendant's first motion to dismiss on lack of subject-matter jurisdiction grounds. The court had subject-matter jurisdiction because the requirements for 28 U.S.C.§ 1335 and the physician had a reasonable fear that he could be subject to conflicting claims and duplicitous liability under S.B. 8. The court then denied defendant's motion to dismiss based on a non-suit in an underlying Texas case against that defendant—and involving the physician—since the non-suit occurred after the interpleader suit commenced. The court's subject-matter jurisdiction over interpleader actions is determined at the case’s outset.

Defendant's motion to dismiss based on a non-suit, however, raised claim preclusion concerns for the court. Judge Alonso analyzed whether res judicata barred this defendant from receiving statutory damages. After considerable analysis, Judge Alonso determined the defendant was likely barred from receiving the damages award. So Judge Alonso granted that defendant until March 7  to file a supplemental brief showing cause why summary judgment on the basis of res judicata would be improper. On March 18, the physician notified the court that the defendant failed to file a response showing case, but the court has yet to act on this issue.

This case is on-going as of April 3, 2022.

Summary Authors

Jordan Katz (3/19/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60626475/parties/braid-v-stilley/

Documents in the Clearinghouse

Document
1

1:21-cv-05283

Complaint for Interpleader and Declaratory Judgment

Oct. 5, 2021

Oct. 5, 2021

Complaint
23

1:21-cv-05283

Interpleader Defendant Oscar Stilley's Answer to Complaint with Counterclaim Complaint

Nov. 7, 2021

Nov. 7, 2021

Pleading / Motion / Brief
35

1:21-cv-05283

Order

Nov. 29, 2021

Nov. 29, 2021

Order/Opinion
68

1:21-cv-05283

Order

Braid v. Gomez

Feb. 15, 2022

Feb. 15, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60626475/braid-v-stilley/

Last updated June 3, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

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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Oct. 5, 2021

Oct. 5, 2021

Clearinghouse
2

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

Oct. 5, 2021

Oct. 5, 2021

PACER
3

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

Oct. 5, 2021

Oct. 5, 2021

PACER
4

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

Oct. 5, 2021

Oct. 5, 2021

PACER
5

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)

Oct. 6, 2021

Oct. 6, 2021

PACER

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

Oct. 6, 2021

Oct. 6, 2021

PACER
6

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

Oct. 6, 2021

Oct. 6, 2021

PACER
7

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)

Oct. 6, 2021

Oct. 6, 2021

RECAP
8

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)

Oct. 6, 2021

Oct. 6, 2021

PACER
9

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

Oct. 6, 2021

Oct. 6, 2021

PACER
10

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)

Oct. 6, 2021

Oct. 6, 2021

PACER
11

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

Oct. 6, 2021

Oct. 6, 2021

PACER
22

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

Oct. 6, 2021

Oct. 6, 2021

PACER
12

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

Oct. 7, 2021

Oct. 7, 2021

PACER

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

Oct. 7, 2021

Oct. 7, 2021

PACER
13

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

Oct. 7, 2021

Oct. 7, 2021

PACER
14

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)

Oct. 10, 2021

Oct. 10, 2021

RECAP
15

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)

Oct. 11, 2021

Oct. 11, 2021

RECAP
16

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)

Oct. 12, 2021

Oct. 12, 2021

PACER
17

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)

Oct. 15, 2021

Oct. 15, 2021

RECAP
18

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)

Oct. 15, 2021

Oct. 15, 2021

RECAP
19

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

Oct. 15, 2021

Oct. 15, 2021

PACER

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

Oct. 15, 2021

Oct. 15, 2021

PACER
20

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

Oct. 21, 2021

Oct. 21, 2021

RECAP
21

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

Oct. 21, 2021

Oct. 21, 2021

PACER
23

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

Nov. 7, 2021

Nov. 7, 2021

Clearinghouse
24

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)

Nov. 14, 2021

Nov. 14, 2021

PACER
25

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)

Nov. 18, 2021

Nov. 18, 2021

PACER
26

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

Nov. 18, 2021

Nov. 18, 2021

PACER
27

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)

Nov. 19, 2021

Nov. 19, 2021

PACER
28

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)

Nov. 19, 2021

Nov. 19, 2021

PACER
29

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)

Nov. 21, 2021

Nov. 21, 2021

PACER
30

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

Nov. 22, 2021

Nov. 22, 2021

PACER
31

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)

Nov. 22, 2021

Nov. 22, 2021

PACER
32

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)

Nov. 23, 2021

Nov. 23, 2021

PACER
33

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)

Nov. 23, 2021

Nov. 23, 2021

PACER
34

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)

Nov. 29, 2021

Nov. 29, 2021

RECAP
35

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)

Nov. 29, 2021

Nov. 29, 2021

Clearinghouse
36

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

Nov. 30, 2021

Nov. 30, 2021

PACER
37

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

Dec. 1, 2021

Dec. 1, 2021

PACER
38

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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Dec. 1, 2021

Dec. 1, 2021

RECAP
39

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)

Dec. 1, 2021

Dec. 1, 2021

PACER
40

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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Dec. 3, 2021

Dec. 3, 2021

RECAP
41

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)

Dec. 6, 2021

Dec. 6, 2021

PACER
42

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)

Dec. 6, 2021

Dec. 6, 2021

PACER
43

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)

Dec. 6, 2021

Dec. 6, 2021

PACER
44

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)

Dec. 8, 2021

Dec. 8, 2021

RECAP
45

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)

Dec. 9, 2021

Dec. 9, 2021

PACER
46

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

Dec. 9, 2021

Dec. 9, 2021

RECAP
47

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)

Dec. 13, 2021

Dec. 13, 2021

PACER
48

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)

Dec. 19, 2021

Dec. 19, 2021

RECAP
49

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

Dec. 20, 2021

Dec. 20, 2021

RECAP
56

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)

Dec. 20, 2021

Dec. 20, 2021

RECAP
50

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)

Dec. 21, 2021

Dec. 21, 2021

RECAP
51

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)

Dec. 27, 2021

Dec. 27, 2021

PACER
52

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

Dec. 27, 2021

Dec. 27, 2021

RECAP
53

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)

Jan. 3, 2022

Jan. 3, 2022

PACER
54

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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Jan. 3, 2022

Jan. 3, 2022

RECAP
55

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

Jan. 3, 2022

Jan. 3, 2022

RECAP
57

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

Jan. 24, 2022

Jan. 24, 2022

PACER
58

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)

Jan. 24, 2022

Jan. 24, 2022

PACER
59

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)

Feb. 7, 2022

Feb. 7, 2022

PACER
60

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)

Feb. 11, 2022

Feb. 11, 2022

PACER
61

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)

Feb. 11, 2022

Feb. 11, 2022

PACER
62

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)

Feb. 11, 2022

Feb. 11, 2022

PACER
63

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)

Feb. 11, 2022

Feb. 11, 2022

PACER
64

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

Feb. 14, 2022

Feb. 14, 2022

PACER
65

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

Feb. 14, 2022

Feb. 14, 2022

PACER
66

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

Feb. 15, 2022

Feb. 15, 2022

PACER
67

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

Feb. 15, 2022

Feb. 15, 2022

PACER
68

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)

Feb. 15, 2022

Feb. 15, 2022

Clearinghouse
69

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)

Feb. 15, 2022

Feb. 15, 2022

PACER
70

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

Feb. 15, 2022

Feb. 15, 2022

PACER
71

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

Feb. 16, 2022

Feb. 16, 2022

PACER
72

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

Feb. 16, 2022

Feb. 16, 2022

PACER
73

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

Feb. 16, 2022

Feb. 16, 2022

PACER
74

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

Feb. 16, 2022

Feb. 16, 2022

PACER
75

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

View on RECAP

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

View on PACER

3 Appendix A

View on PACER

4 Appendix B

View on PACER

Feb. 17, 2022

Feb. 17, 2022

PACER
76

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)

Feb. 17, 2022

Feb. 17, 2022

PACER
77

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

Feb. 17, 2022

Feb. 17, 2022

PACER
78

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

Feb. 17, 2022

Feb. 17, 2022

PACER
79

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)

Feb. 19, 2022

Feb. 19, 2022

RECAP
80

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)

Feb. 22, 2022

Feb. 22, 2022

RECAP
81

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)

Feb. 24, 2022

Feb. 24, 2022

RECAP
82

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

Feb. 25, 2022

Feb. 25, 2022

PACER
83

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)

Feb. 28, 2022

Feb. 28, 2022

PACER
84

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)

Feb. 28, 2022

Feb. 28, 2022

PACER
83

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)

Feb. 28, 2022

Feb. 28, 2022

PACER
84

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)

Feb. 28, 2022

Feb. 28, 2022

PACER
85

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)

March 4, 2022

March 4, 2022

PACER
86

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)

March 4, 2022

March 4, 2022

PACER
87

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)

March 4, 2022

March 4, 2022

PACER
88

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)

March 8, 2022

March 8, 2022

PACER
89

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)

March 8, 2022

March 8, 2022

PACER
90

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)

March 11, 2022

March 11, 2022

PACER
91

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)

March 14, 2022

March 14, 2022

RECAP
92

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

March 18, 2022

March 18, 2022

RECAP
93

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)

March 18, 2022

March 18, 2022

PACER
94

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

March 28, 2022

March 28, 2022

RECAP
95

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)

March 28, 2022

March 28, 2022

RECAP

Case Details

State / Territory: Illinois

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: Oct. 5, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A physician who violated Texas's S.B. 8 law.

Attorney Organizations:

Center for Reproductive Rights

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Case Details

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Petitions clause

Supremacy Clause

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Abortion