Case: Texas v. Biden

4:21-cv-00579 | U.S. District Court for the Northern District of Texas

Filed Date: April 22, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about whether the Biden Administration’s order creating an exception to regulations expelling migrants during the COVID-19 pandemic for unaccompanied minors violated the Administrative Procedure Act (APA) and the Immigration Nationality Act (INA). On April 22, 2021, Texas filed this lawsuit in the U.S. District Court for the Northern District of Texas. They sued the President along with the agencies charged with creating and implementing the order (CDC, DHS, HHS, CBP, and ICE) fo…

This is a case about whether the Biden Administration’s order creating an exception to regulations expelling migrants during the COVID-19 pandemic for unaccompanied minors violated the Administrative Procedure Act (APA) and the Immigration Nationality Act (INA). On April 22, 2021, Texas filed this lawsuit in the U.S. District Court for the Northern District of Texas. They sued the President along with the agencies charged with creating and implementing the order (CDC, DHS, HHS, CBP, and ICE) for declaratory and injunctive relief under the APA and the INA. In October 2020, the CDC under the Trump Administration issued a final order suspending any immigration at the border due to COVID-19 (several months after the interim rule created in March 2020). In February 2021, the Biden Administration issued an order that made an exception for “unaccompanied alien children” (UAC) (as defined under 6 U.S.C. § 279(g)(2)). Texas requested a declaratory judgment finding the order was arbitrary and capricious under the APA; that the order failed to enforce the INA, which requires the detention of family units absent humanitarian reasons; that the U.S. had violated an agreement to consult with Texas on issues of immigration; and that the President had violated the Take Care Clause of the Constitution by not complying with the INA. Texas also requested a preliminary injunction preventing the enforcement of the February 2021 order and requiring expedited removal under the October 2020 order. The case was assigned to Judge Mark T. Pittman.  

On June 23, 2021, Texas filed a motion for a preliminary injunction. The U.S. filed its response and the Court held a hearing on the motion on July 23, 2021. The U.S. then gave notice of a new CDC order issued July 16, 2021, which continued to exempt UAC and indicated they were implementing mitigation efforts to prevent the spread of COVID-19 at the border. On July 21, 2021, Texas responded to the new order and its effect on the preliminary injunction. The Government filed its reply and argued the new July 2021 order superseded the February 2021 order, so Texas’s claims were moot. On July 29, 2021, the Court denied the preliminary injunction as moot and allowed Texas to amend its complaint. 2021 WL 4552148. 

On July 30, 2021, a man worried about contracting polio from immigration filed a motion to intervene. The U.S. responded on August 20, 2021, and the Court denied the motion in a footnote when it issued its opinion on the motion to dismiss. 2022 WL 658579. 

On August 23, 2021, Texas filed its Amended Complaint alleging the same claims against the new CDC order and on September 7, 2021 Texas renewed its motion for a preliminary injunction. On September 21, 2021, the United States filed a motion to dismiss consolidated with its response to Texas’s motion for a preliminary injunction. Missouri filed an amicus brief on in support of Texas’s motion while 29 legal aid organizations filed an amicus brief in opposition. Texas filed its response to the motion to dismiss consolidated with their reply to the U.S. on the motion for a preliminary injunction. 

On March 4, 2022, the Court granted the motion to dismiss on two claims but denied it on the others. 2022 WL 658579. First, the Court found Texas could move forward on claims about the violation of the APA: Texas had standing to bring claims because it suffered a financial injury from the order through increased healthcare and education spending and the statute did not preclude review of agency action.  Second, it found Texas could move forward with claims about enforcing the INA because the claims were not barred by res judicata – they had not been litigated in Texas v. Biden, No. 2:21-CV-067-Z, 2021 WL 3603341 (N.D. Tex. Aug. 13, 2021), a case about Migrant Protection Protocols for deportation, because this case involved detention to determine if someone has contracted COVID-19 rather than deportation. However, the Court did dismiss the claim brought about the violation of an agreement between the U.S. and Texas because the agreement had expired. It also dismissed the claim about the Take Care Clause because it was duplicative of other claims. Finally, the Court granted the motion for preliminary injunction because there was a likelihood of success on the claim that the order was arbitrary and capricious as well as a likelihood of irreparable harm from the costs expended on healthcare and education. 

While the motion to dismiss was pending, on October 6, 2021, the U.S. filed a motion to disqualify one of the attorneys representing Texas because he had worked for the Department of Justice while the Trump Administration had been drafting the initial CDC orders and had obtained confidential government information. The Court denied the motion on November 3, 2021. 2021 WL 5115608. 

On March 11, 2022, the CDC issued a new order and the Court requested a joint status report in light of the new order. On March 18, 2022, Texas filed a status report stating that the CDC’s next review to assess the order at issue would be on March 30th, so it would be best to stay proceedings until that assessment was complete. On March 24, 2022, the Court stayed all deadlines until April 7th. On April 1, 2022 a new CDC order was issued saying it would terminate all prior orders as of May 23rd. On April 7, 2022, Texas filed another status report and a motion for a scheduling order where they requested to amend their complaint to challenge the new order. On April 13, 2022, the Court held a hearing on the status report. On April 14, 2022, the Court denied the motion to amend the complaint because it would completely alter the nature of the suit. 

The case is still ongoing.

Summary Authors

Kathryn Hurley (4/19/2022)

Documents in the Clearinghouse

Document
1

4:21-cv-00579

Complaint for Declaratory Relief and Preliminary and Permanent Injunctive Relief

April 22, 2021

April 22, 2021

Complaint
54

4:21-cv-00579

Order Denying as Moot Plaintiff's Motion for Preliminary Injunction

2021 WL 4552148

July 29, 2021

July 29, 2021

Order/Opinion
62

4:21-cv-00579

Amended Complaint

Aug. 23, 2021

Aug. 23, 2021

Complaint
75

4:21-cv-00579

Amicus Brief of the State of Missouri in Support of Plaintiff's Motion for a Preliminary Injunction

Sept. 21, 2021

Sept. 21, 2021

Pleading / Motion / Brief
84

4:21-cv-00579

Amicus Brief of 29 Legal Aid Organizations in Opposition to Plaintiff's Motion for a Preliminary Injunction

Sept. 27, 2021

Sept. 27, 2021

Pleading / Motion / Brief
96

4:21-cv-00579

Opinion Denying Motion to Disqualify

2021 WL 5115608

Nov. 3, 2021

Nov. 3, 2021

Order/Opinion
100

4:21-cv-00579

Opinion Granting Plaintiff's Motion for Preliminary Injunction

2022 WL 658579

March 4, 2022

March 4, 2022

None

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59846432/state-of-texas-v-biden/

Last updated Aug. 11, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY RELIEF AND PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF against All Defendants filed by State of Texas. (Filing fee $402; Receipt number 0539-11826122) Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Reitz, Aaron) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

Clearinghouse
2

New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (tln) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

PACER
3

***STRICKEN/UNFILED PER 6 ORDER***Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number; 0539-11826722) filed by State of Texas (Attachments: # ( 1) Certificate of Good Standing) (Crapo, Matt) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

PACER
4

***STRICKEN/UNFILED PER 7 ORDER***Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11827149) filed by State of Texas (Attachments: # 1 Exhibit(s) Cert of Good Standing) (Hajec, Christopher) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

PACER
5

***STRICKEN/UNFILED PER 8 ORDER***Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11827489) filed by State of Texas (Attachments: # 1 Additional Page(s) Certificate of Good Standing) (Hamilton, Gene) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

PACER
6

Order Striking/Unfiling 3 Application for Admission Pro Hac Vice with Certificate of Good Standing (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by State of Texas due to the following deficiency: The signature of the attorney of record, which includes a party proceeding pro se, is required on each document filed. See FED. R. Civ. P. 11(a), FED. R. Crim. P. 49(d), LR 11.1(b), or LCrR 49.5(b); Not signed and needs to indicate "N/A" to questions as necessary. (Ordered by Judge Mark Pittman on 4/26/2021) (tln) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

RECAP
7

Order Striking/Unfiling 4 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11827149) filed by State of Texas due to the following deficiency: The signature of the attorney of record, which includes a party proceeding pro se, is required on each document filed. See FED. R. Civ. P. 11(a), FED. R. Crim. P. 49(d), LR 11.1(b), or LCrR 49.5(b); Not signed and needs to indicate "N/A" to questions necessary. (Ordered by Judge Mark Pittman on 4/26/2021) (tln) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

PACER
8

Order Striking/ Unfiling 5 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11827489) filed by State of Texas due to the following deficiency: The signature of the attorney of record, which includes a party proceeding pro se, is required on each document filed. See FED. R. Civ. P. 11(a), FED. R. Crim. P. 49(d), LR 11.1(b), or LCrR 49.5(b); Not signed and needs to indicate "N/A" to questions as necessary. (Ordered by Judge Mark Pittman on 4/26/2021) (tln) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

PACER
9

Request for Clerk to issue Summons filed by State of Texas. (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s), # 4 Additional Page(s), # 5 Additional Page(s), # 6 Additional Page(s), # 7 Additional Page(s), # 8 Additional Page(s), # 9 Additional Page(s), # 10 Additional Page(s), # 11 Additional Page(s)) (Reitz, Aaron) (Entered: 04/27/2021)

April 27, 2021

April 27, 2021

PACER
10

Summons issued as to Xavier Becerra, Joseph R Biden, Jr, Centers for Disease Control & Prevention, Tae Johnson, Alejandro Mayorkas, Troy Miller, US Customs & Border Protection, US Department of Homeland Security, US Immigration & Customs Enforcement, United States Department of Health & Human Services, United States of America, Rochelle Walensky, U.S. Attorney, and U.S. Attorney General. (Attachments: # 1 Becerra, # 2 CDC, # 3 USDEPTHEALTH, # 4 Miller, # 5 USCUSTOMS, # 6 Walinsky, # 7 USIMMIGRATION, # 8 USDEPTOFMOMELANDSEC, # 9 USA, # 10 Biden, # 11 Johnson) (tln) (Entered: 04/27/2021)

April 27, 2021

April 27, 2021

PACER
11

Application for Admission Pro Hac Vice with Certificate of Good Standing (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by State of Texas (Attachments: # 1 Additional Page(s) Certificate of Good Standing) (Hamilton, Gene) (Entered: 04/27/2021)

April 27, 2021

April 27, 2021

PACER
12

Supplemental Document by State of Texas as to 1 Complaint,,,, . (Reitz, Aaron) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER
13

Application for Admission Pro Hac Vice with Certificate of Good Standing (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by State of Texas (Attachments: # 1 Certificate of Good Standing) (Crapo, Matt) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER
14

Application for Admission Pro Hac Vice with Certificate of Good Standing (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by State of Texas (Attachments: # 1 Exhibit(s) DC Cert Good Standing) (Hajec, Christopher) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER
15

ELECTRONIC ORDER granting 11 Application for Admission Pro Hac Vice of Gene P. Hamilton. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 4/30/2021) (chmb)(cpb) (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

PACER
16

ELECTRONIC ORDER granting 13 Application for Admission Pro Hac Vice of Matt A. Crapo. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 4/30/2021) (chmb)(cpb) (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

PACER
17

ELECTRONIC ORDER granting 14 Application for Admission Pro Hac Vice of Christopher J. Hajec. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 4/30/2021) (chmb)(cpb) (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

PACER

Order on Application for Admission Pro Hac Vice

April 30, 2021

April 30, 2021

PACER
18

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11926688) filed by State of Texas (Attachments: # 1 Additional Page(s) Good Standing Cert Iowa)Attorney Matthew George Whitaker added to party State of Texas(pty:pla) (Whitaker, Matthew) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
19

ELECTRONIC ORDER granting 18 Application for Admission Pro Hac Vice of Matthew G. Whitaker. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 5/27/2021) (chmb)(cpb) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER

Order on Application for Admission Pro Hac Vice

May 27, 2021

May 27, 2021

PACER
20

NOTICE of Attorney Appearance by Brian Walters Stoltz-DOJ on behalf of Xavier Becerra, Joseph R Biden, Jr, Centers for Disease Control & Prevention, Tae Johnson, Alejandro Mayorkas, Troy Miller, US Customs & Border Protection, US Department of Homeland Security, US Immigration & Customs Enforcement, United States Department of Health & Human Services, United States of America, Rochelle Walensky. (Filer confirms contact info in ECF is current.) (Stoltz-DOJ, Brian) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

PACER
21

MOTION for Injunction (Preliminary) filed by State of Texas (Attachments: # 1 Proposed Order) (Reitz, Aaron) (Entered: 06/23/2021)

1 Proposed Order

View on RECAP

June 23, 2021

June 23, 2021

PACER
22

Brief/Memorandum in Support filed by State of Texas re 21 MOTION for Injunction (Preliminary) (Reitz, Aaron) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

PACER
23

Appendix in Support filed by State of Texas re 22 Brief/Memorandum in Support of Motion (Preliminary Injunction) (Reitz, Aaron) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

PACER
24

ORDER: Before the Court is Plaintiff's Motion for Preliminary Injunction (ECF Nos. 21 23 ), filed June 23, 2021. In order to more efficiently resolve the issues presented, the Court ORDERS Defendants to respond on or before June 30, 2021. The Court further ORDERS Plaintiff to file a reply on or before July 7, 2021. The Court sets this matter for hearing on July 12, 2021, at 9:00 a.m. in the Fourth Floor Courtroom of the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas. Counsel for all parties are ORDERED to attend. (Ordered by Judge Mark Pittman on 6/23/2021) (tln) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

PACER
25

MOTION to Extend Time for Filing Response to Motion for Preliminary Injunction --- EXPEDITED CONSIDERATION REQUESTED --- filed by Xavier Becerra, Joseph R Biden, Jr, Centers for Disease Control & Prevention, Tae Johnson, Alejandro Mayorkas, Troy Miller, US Customs & Border Protection, US Department of Homeland Security, US Immigration & Customs Enforcement, United States Department of Health & Human Services, United States of America, Rochelle Walensky with Brief/Memorandum in Support. (Stoltz-DOJ, Brian) (Entered: 06/27/2021)

June 27, 2021

June 27, 2021

PACER
26

ORDER...Before the Court is Defendants Motion for Extension of Time to Respond to Plaintiffs Motion for Preliminary Injunction (ECF No. 25 ), in which Defendants seek a one-week extension. Having considered the request for extension, the Court finds that it should be GRANTED in part. Therefore, it is ORDERED that Defendants file a response to the Motion for Preliminary Injunction on or before July 6, 2021; Plaintiff file a reply on or before July 12, 2021; and the hearing on the Motion be reset for July 13, 2021 at 9:00 a.m. in the Fourth Floor Courtroom of the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas 76102. (Ordered by Judge Mark Pittman on 6/28/2021) (wxc) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

RECAP
27

MOTION for Leave to File Response to Preliminary-Injunction Motion in Excess of Page Limits filed by Xavier Becerra, Joseph R Biden, Jr, Centers for Disease Control & Prevention, Tae Johnson, Alejandro Mayorkas, Troy Miller, US Customs & Border Protection, US Department of Homeland Security, US Immigration & Customs Enforcement, United States Department of Health & Human Services, United States of America, Rochelle Walensky with Brief/Memorandum in Support. (Stoltz-DOJ, Brian) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

RECAP
28

RESPONSE filed by Xavier Becerra, Joseph R Biden, Jr, Centers for Disease Control & Prevention, Tae Johnson, Alejandro Mayorkas, Troy Miller, US Customs & Border Protection, US Department of Homeland Security, US Immigration & Customs Enforcement, United States Department of Health & Human Services, United States of America, Rochelle Walensky re: 21 MOTION for Injunction (Preliminary) (Stoltz-DOJ, Brian) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

RECAP
29

Appendix in Support filed by Xavier Becerra, Joseph R Biden, Jr, Centers for Disease Control & Prevention, Tae Johnson, Alejandro Mayorkas, Troy Miller, US Customs & Border Protection, US Department of Homeland Security, US Immigration & Customs Enforcement, United States Department of Health & Human Services, United States of America, Rochelle Walensky re 28 Response/Objection, (Stoltz-DOJ, Brian) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER
30

ORDER: Before the Court is Defendants' Motion for Leave to file Response in Excess of Page Limits 27 . Having considered the Motion, the Court finds that it should be and hereby is GRANTED. (Ordered by Judge Mark Pittman on 7/7/2021) (sre) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER
31

Request for Clerk to issue Summons filed by State of Texas. (Reitz, Aaron) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
32

SUMMONS Returned Executed as to Xavier Becerra ; served on 5/11/2021. (Reitz, Aaron) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
33

SUMMONS Returned Executed as to Joseph R Biden, Jr ; served on 5/21/2021. (Reitz, Aaron) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
34

SUMMONS Returned Executed as to Centers for Disease Control & Prevention ; served on 5/7/2021. (Reitz, Aaron) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
35

SUMMONS Returned Executed as to Tae Johnson ; served on 5/6/2021. (Reitz, Aaron) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
36

SUMMONS Returned Executed as to Alejandro Mayorkas ; served on 5/6/2021. (Reitz, Aaron) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
37

SUMMONS Returned Executed as to Troy Miller ; served on 5/7/2021. (Reitz, Aaron) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
38

SUMMONS Returned Executed as to US Customs & Border Protection ; served on 5/6/2021. (Reitz, Aaron) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
39

SUMMONS Returned Executed as to US Department of Homeland Security ; served on 5/6/2021. (Reitz, Aaron) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
40

SUMMONS Returned Executed as to US Immigration & Customs Enforcement ; served on 5/6/2021. (Reitz, Aaron) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
41

SUMMONS Returned Executed as to United States Department of Health & Human Services ; served on 5/11/2021. (Reitz, Aaron) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
42

SUMMONS Returned Executed as to United States of America ; served on 5/10/2021. (Reitz, Aaron) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
43

SUMMONS Returned Executed as to Rochelle Walensky ; served on 5/7/2021. (Reitz, Aaron) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
44

Summons Reissued as to Joseph R Biden, Jr. (wxc) (Entered: 07/09/2021)

July 9, 2021

July 9, 2021

PACER
45

Unopposed MOTION for Leave to File Motion to Exceed Page Limits filed by State of Texas (Attachments: # 1 Proposed Order) (Reitz, Aaron) (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

PACER
46

REPLY filed by State of Texas re: 21 MOTION for Injunction (Preliminary) (Reitz, Aaron) (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

PACER
47

Appendix in Support filed by State of Texas re 46 Reply in Support of Motion for Preliminary Injunction (Reitz, Aaron) (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

RECAP
48

ORDER granting 45 Motion for Leave to file Response in Excess of Page Limits. (Ordered by Judge Mark Pittman on 7/13/2021) (tln) (Entered: 07/13/2021)

July 13, 2021

July 13, 2021

PACER
49

ELECTRONIC Minute Entry for proceedings held before Judge Mark Pittman: Motion Hearing held on 7/13/2021 re 21 Motion for Injunction filed by State of Texas. Attorney Appearances: Plaintiff - Aaron Reitz; Defense - Brian Stoltz. (Court Reporter: Monica Guzman) (No exhibits) Time in Court - 1:50. (chmb) (Entered: 07/13/2021)

July 13, 2021

July 13, 2021

PACER
50

NOTICE of New CDC Order filed by Xavier Becerra, Joseph R Biden, Jr, Centers for Disease Control & Prevention, Tae Johnson, Alejandro Mayorkas, Troy Miller, US Customs & Border Protection, US Department of Homeland Security, US Immigration & Customs Enforcement, United States Department of Health & Human Services, United States of America, Rochelle Walensky (Attachments: # 1 Exhibit(s) CDC Order) (Stoltz-DOJ, Brian) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
51

ORDER re 50 Notice of New CDC Order: Accordingly, no later than Wednesday, July 21, 2021, the Court ORDERS the State of Texas to file a response informing the Court of the effect of the new order on its contentions in this lawsuit and its pending motion for a preliminary injunction. The federal defendants shall reply to Texas's response no later than Friday, July 23, 2021. (see order) (Ordered by Judge Mark Pittman on 7/19/2021) (tln) (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

RECAP
52

RESPONSE filed by State of Texas re: 51 Order Setting Deadline/Hearing, 50 Notice (Reitz, Aaron) (Entered: 07/21/2021)

July 21, 2021

July 21, 2021

RECAP
53

REPLY filed by Xavier Becerra, Joseph R Biden, Jr, Centers for Disease Control & Prevention, Tae Johnson, Alejandro Mayorkas, Troy Miller, US Customs & Border Protection, US Department of Homeland Security, US Immigration & Customs Enforcement, United States Department of Health & Human Services, United States of America, Rochelle Walensky re: 52 Response/Objection, 50 Notice (Other), (Stoltz-DOJ, Brian) (Entered: 07/23/2021)

July 23, 2021

July 23, 2021

PACER
54

ORDER: The 21 Motion for Preliminary Injunction is DENIED as moot. Accordingly, should Texas desire to file an amended complaint to include claims and/or seek injunctive relief arising out of the New Order (ECF No. 52 at 8), the Court GRANTS leave to file an amended complaint. Texas's deadline to file an amended complaint is on or before August 16, 2021. (Ordered by Judge Mark Pittman on 7/29/2021) (tln) (Entered: 07/29/2021)

July 29, 2021

July 29, 2021

Clearinghouse
55

Plaintiff Intervenor's MOTION to Intervene filed by Robert A. Heghmann. (Attachments: # 1 Proposed Order, # 2 proposed intervening plaintiff's complaint) (tln) (Entered: 07/30/2021)

1 Proposed Order

View on PACER

2 proposed intervening plaintiff's complaint

View on PACER

July 30, 2021

July 30, 2021

RECAP
56

ORDER: Pursuant to Federal Rules of Civil Procedure 16(b) and 26, and the Court's Civil Justice Expense and Delay Reduction Plan and notwithstanding Local Rule 16.1(i), the Court enters this Order to facilitate entry of a Scheduling Order to govern this civil action. The Joint Report shall be filed on or before August 17, 2021. (Ordered by Judge Mark Pittman on 8/3/2021) (tln) (Entered: 08/03/2021)

Aug. 3, 2021

Aug. 3, 2021

RECAP

***Clerk's Notice of delivery: (see NEF for details) Docket No:56. Wed Aug 4 13:20:57 CDT 2021 (crt)

Aug. 4, 2021

Aug. 4, 2021

PACER

Order Receipt

Aug. 4, 2021

Aug. 4, 2021

PACER
57

NOTICE of Attorney Appearance by Leif A Olson on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (Olson, Leif) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER

Order Receipt

Aug. 16, 2021

Aug. 16, 2021

PACER
58

Unopposed MOTION for Extension of Time to File Amended Complain and Report of Parties' Conference filed by State of Texas (Attachments: # 1 Proposed Order) (Olson, Leif) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
59

ORDER granting 58 Unopposed Motion to Continue Amendment and Report Deadlines. Therefore, it is ORDERED that Plaintiff's deadline to file an amended complaint is EXTENDED up to and including August 23, 2021, and the parties' deadline to file the joint report is EXTENDED up to and including August 24, 2021. (Ordered by Judge Mark Pittman on 8/16/2021) (tln) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

RECAP

***Clerk's Notice of delivery: (see NEF for details) Docket No:59. Mon Aug 16 15:02:00 CDT 2021 (crt)

Aug. 16, 2021

Aug. 16, 2021

PACER
60

RESPONSE filed by Xavier Becerra, Joseph R Biden, Jr, Centers for Disease Control & Prevention, Tae Johnson, Alejandro Mayorkas, Troy Miller, US Customs & Border Protection, US Department of Homeland Security, US Immigration & Customs Enforcement, United States Department of Health & Human Services, United States of America, Rochelle Walensky re: 55 MOTION to Intervene (Stoltz-DOJ, Brian) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
61

Notice of Filing of Official Electronic Transcript of Motion Proceedings held on July 13, 2021 before Judge Mark T. Pittman. Court Reporter/Transcriber Monica Guzman, Telephone number 817-850-6681 or mguzman.csr@yahoo.com. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. ยง 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (66 pages) Redaction Request due 9/13/2021. Redacted Transcript Deadline set for 9/23/2021. Release of Transcript Restriction set for 11/22/2021. (mwg) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
62

AMENDED COMPLAINT against All Defendants filed by State of Texas. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s)) (Olson, Leif) (Entered: 08/23/2021)

1

View on RECAP

Aug. 23, 2021

Aug. 23, 2021

Clearinghouse
63

Joint STATUS REPORT (Scheduling Proposal) filed by Xavier Becerra, Joseph R Biden, Jr, Centers for Disease Control & Prevention, Tae Johnson, Alejandro Mayorkas, Troy Miller, US Customs & Border Protection, US Department of Homeland Security, US Immigration & Customs Enforcement, United States Department of Health & Human Services, United States of America, Rochelle Walensky. (Stoltz-DOJ, Brian) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

RECAP
64

ORDER: Pursuant to the Joint Report filed by the parties (ECF No. 63 ), the Court enters the following briefing schedule: September 7, 2021 Deadline for Texas to file its Motion for Preliminary Injunction; September 21, 2021 Deadline for Defendants to file a response to the Motion for Preliminary Injunction and a Motion to Dismiss and consolidated brief in support of each; September 28, 2021 Deadline for Texas to file consolidated response to Motion to Dismiss and reply in support of Motion for Preliminary Injunction; October 5, 2021 Deadline for Defendants to file reply in support of Motion to Dismiss. If the Court denies Defendants' Motion to Dismiss, within 14 days of the denial order Defendants shall file an administrative record regarding any remaining Administrative Procedures Act claim, and the parties shall file a joint status report providing a proposed briefing schedule related to that administrative record. (Ordered by Judge Mark Pittman on 8/26/2021) (tln) (Entered: 08/26/2021)

Aug. 26, 2021

Aug. 26, 2021

RECAP

Order Receipt

Aug. 26, 2021

Aug. 26, 2021

PACER

***Clerk's Notice of delivery: (see NEF for details) Docket No:64. Thu Aug 26 16:01:54 CDT 2021 (crt)

Aug. 26, 2021

Aug. 26, 2021

PACER
65

REPLY to Defendants' Motion to Dismiss His Motion to Intervene as Plaintiff filed by Robert A. Heghmann re: 55 MOTION to Intervene (mmw) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
66

Unopposed MOTION for Leave to File Excess Pages filed by State of Texas (Attachments: # 1 Proposed Order) (Olson, Leif) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
67

MOTION for Injunction filed by State of Texas (Attachments: # 1 Proposed Order) (Olson, Leif) (Entered: 09/07/2021)

1 Proposed Order

View on RECAP

Sept. 7, 2021

Sept. 7, 2021

RECAP
68

Brief/Memorandum in Support filed by State of Texas re 67 MOTION for Injunction (Olson, Leif) (Entered: 09/08/2021)

Sept. 8, 2021

Sept. 8, 2021

RECAP
69

Appendix in Support filed by State of Texas re 67 MOTION for Injunction (Olson, Leif) (Entered: 09/08/2021)

Sept. 8, 2021

Sept. 8, 2021

PACER
70

ORDER: Before the Court is Plaintiff's Unopposed Motion for Leave to Exceed Page Limits. ECF No. 66 . Having considered the Motion, the Court finds that it should be and hereby is GRANTED. (Ordered by Judge Mark Pittman on 9/9/2021) (mmw) (Entered: 09/09/2021)

Sept. 9, 2021

Sept. 9, 2021

RECAP

***Clerk's Notice of delivery: (see NEF for details) Docket No:70. Fri Sep 10 12:07:51 CDT 2021 (crt)

Sept. 10, 2021

Sept. 10, 2021

PACER

Order Receipt

Sept. 10, 2021

Sept. 10, 2021

PACER
71

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12231173) filed by State of Missouri (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order Proposed Order Granting Application for Admission Pro Hac Vice). Party State of Missouri added.Attorney Jesus A Osete added to party State of Missouri(pty:am) (Osete, Jesus) (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

PACER
72

Unopposed MOTION for Leave to File Amicus Brief in Support of Plaintiff State of Texas's Motion for Preliminary Injunction filed by State of Missouri (Attachments: # 1 Exhibit(s) Brief Amicus Curiae of State of Missouri, # 2 Proposed Order Proposed Order Granting Leave to File Amicus Briefssion Pro Hac Vice) (Osete, Jesus) (Entered: 09/20/2021)

1 Exhibit(s) Brief Amicus Curiae of State of Missouri

View on RECAP

2 Proposed Order Proposed Order Granting Leave to File Amicus Briefssion Pro Hac

View on PACER

Sept. 20, 2021

Sept. 20, 2021

PACER
73

ELECTRONIC ORDER granting 71 Application for Admission Pro Hac Vice of Jesus A. Osete. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 9/21/2021) (chmb)(cpb) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER
74

ORDER: Before the Court is the State of Missouri's Unopposed Motion for Leave to File Amicus Brief in Support of Motion for Preliminary Injunction. ECF No. 72 . Having considered the Motion, the Court finds that it should be and hereby is GRANTED. (Ordered by Judge Mark Pittman on 9/21/2021) (mmw) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER
75

Brief Amicus Curiae of the State of Missouri in Support of Plaintiff State of Texas's 21 Motion for a Preliminary Injunction (mmw) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

Clearinghouse
76

MOTION to Dismiss filed by Xavier Becerra, Joseph R Biden, Jr, Centers for Disease Control & Prevention, Tae Johnson, Alejandro Mayorkas, Troy Miller, US Customs & Border Protection, US Department of Homeland Security, US Immigration & Customs Enforcement, United States Department of Health & Human Services, United States of America, Rochelle Walensky (Stoltz-DOJ, Brian) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

RECAP
77

RESPONSE filed by Xavier Becerra, Joseph R Biden, Jr, Centers for Disease Control & Prevention, Tae Johnson, Alejandro Mayorkas, Troy Miller, US Customs & Border Protection, US Department of Homeland Security, US Immigration & Customs Enforcement, United States Department of Health & Human Services, United States of America, Rochelle Walensky re: 67 MOTION for Injunction (Stoltz-DOJ, Brian) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER
78

Unopposed MOTION for Leave to File Consolidated Brief of No More Than 50 Pages filed by Xavier Becerra, Joseph R Biden, Jr, Centers for Disease Control & Prevention, Tae Johnson, Alejandro Mayorkas, Troy Miller, US Customs & Border Protection, US Department of Homeland Security, US Immigration & Customs Enforcement, United States Department of Health & Human Services, United States of America, Rochelle Walensky with Brief/Memorandum in Support. (Stoltz-DOJ, Brian) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER
79

Brief/Memorandum in Support filed by Xavier Becerra, Joseph R Biden, Jr, Centers for Disease Control & Prevention, Tae Johnson, Alejandro Mayorkas, Troy Miller, US Customs & Border Protection, US Department of Homeland Security, US Immigration & Customs Enforcement, United States Department of Health & Human Services, United States of America, Rochelle Walensky re 77 Response/Objection, 76 MOTION to Dismiss (Stoltz-DOJ, Brian) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

RECAP
80

Appendix in Support filed by Joseph R Biden, Jr, Centers for Disease Control & Prevention, Tae Johnson, Alejandro Mayorkas, Troy Miller, US Customs & Border Protection, US Department of Homeland Security, US Immigration & Customs Enforcement, United States Department of Health & Human Services, United States of America, Rochelle Walensky re 77 Response/Objection, 76 MOTION to Dismiss (Stoltz-DOJ, Brian) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

RECAP

Order on Application for Admission Pro Hac Vice

Sept. 21, 2021

Sept. 21, 2021

PACER
81

ORDER granting 78 Unopposed Motion for Leave to File Consolidated Brief of No More Than 50 Pages. (Ordered by Judge Mark Pittman on 9/22/2021) (npk) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

PACER

***Clerk's Notice of delivery: (see NEF for details) Docket No:74. Thu Sep 23 07:46:45 CDT 2021 (crt)

Sept. 23, 2021

Sept. 23, 2021

PACER

***Clerk's Notice of delivery: (see NEF for details) Docket No:81. Thu Sep 23 12:29:41 CDT 2021 (crt)

Sept. 23, 2021

Sept. 23, 2021

PACER

Order Receipt

Sept. 23, 2021

Sept. 23, 2021

PACER
82

Unopposed MOTION for Leave to File Brief of Amici Curiae 29 Legal Service and Advocacy Organizations in Opposition to Plaintiff's Renewed Motion for Preliminary Injunction filed by Al Otro Lado, American Immigration Council, Asylum Access, Asylum Access Mexico (AAMX) A.C, Catholic Legal Immigration Network, Inc., Center for Civic Policy, Center for Gender and Refugee Studies, Comunidad Maya Pixan Ixim, Disciples Immigration Legal Counsel, First Focus on Children, Florence Immigrant and Refugee Rights Project, FWD.us, Immigrant Defenders Law Center, Innovation Law Lab, International Mayan League, Justice Action Center, Justice for Our Neighbors El Paso, Kids in Need of Defense ("KIND"), Kino Border Initiative, La Raza Centro Legal SF, La Raza Community Resource Center, Migrant Center for Human Rights, National Immigration Law Center, National Immigration Project ("NIPNLG"), Project Corazon, Lawyers for Good Government, The Refugee and Immigrant Center for Education and Legal Services ("RAICES"), Refugees International, Student Clinic for Immigrant Justice, Inc., Taylor Levy Law (Attachments: # 1 Exhibit A - Brief of Amici Curiae, # 2 Proposed Order). Party Al Otro Lado; American Immigration Council; Asylum Access; Asylum Access Mexico (AAMX) A.C.; Catholic Legal Immigration Network, Inc.; Center for Civic Policy; Center for Gender and Refugee Studies; Comunidad Maya Pixan Ixim; Disciples Immigration Legal Counsel; First Focus on Children; Florence Immigrant and Refugee Rights Project; FWD.us; Immigrant Defenders Law Center; Innovation Law Lab; International Mayan League; Justice Action Center; Justice for Our Neighbors El Paso; Kids in Need of Defense ("KIND"); Kino Border Initiative; La Raza Centro Legal SF; La Raza Community Resource Center; Migrant Center for Human Rights; National Immigration Law Center; National Immigration Project ("NIPNLG"); Project Corazon, Lawyers for Good Government; The Refugee and Immigrant Center for Education and Legal Services ("RAICES"); Refugees International; Student Clinic for Immigrant Justice, Inc.; and Taylor Levy Law added. (Persson, Emma) (Entered: 09/24/2021)

1 Exhibit A - Brief of Amici Curiae

View on RECAP

2 Proposed Order

View on PACER

Sept. 24, 2021

Sept. 24, 2021

RECAP
83

ORDER: Before the Court is twenty-nine legal service and advocacy organizations' (Organizations) Unopposed Motion for Leave to File Amicus Brief in Opposition to the Motion for Preliminary Injunction. ECF No. 82 . Having considered the Motion, the Court finds that it should be and hereby is GRANTED. (Ordered by Judge Mark Pittman on 9/27/2021) (mmw) (Entered: 09/27/2021)

Sept. 27, 2021

Sept. 27, 2021

RECAP

Order Receipt

Sept. 27, 2021

Sept. 27, 2021

PACER
84

Brief of Amici Curiae in Opposition to Plaintiff's 67 Renewed Motion for Preliminary Injunction filed by Al Otro Lado, American Immigration Council, Asylum Access, Asylum Access Mexico (AAMX) A.C, Catholic Legal Immigration Network, Inc., Center for Civic Policy, Center for Gender and Refugee Studies, Comunidad Maya Pixan Ixim, Disciples Immigration Legal Counsel, FWD.us, First Focus on Children, Florence Immigrant and Refugee Rights Project, Immigrant Defenders Law Center, Innovation Law Lab, International Mayan League, Justice Action Center, Justice for Our Neighbors El Paso, Kids in Need of Defense ("KIND"), Kino Border Initiative, La Raza Centro Legal SF, La Raza Community Resource Center, Migrant Center for Human Rights, National Immigration Law Center, National Immigration Project ("NIPNLG"), Project Corazon, Lawyers for Good Government, Refugees International, Student Clinic for Immigrant Justice, Inc., Taylor Levy Law, The Refugee and Immigrant Center for Education and Legal Services ("RAICES") re 62 Amended Complaint,, 67 MOTION for Injunction (mmw) (Entered: 09/27/2021)

Sept. 27, 2021

Sept. 27, 2021

Clearinghouse

***Clerk's Notice of delivery: (see NEF for details) Docket No:83, 84. Mon Sep 27 14:52:46 CDT 2021 (crt)

Sept. 27, 2021

Sept. 27, 2021

PACER