Case: State of Texas v. Becerra

State of Texas v. Beccerra

U.S. Court of Appeals for the Fifth Circuit

COMPLAINT against All Defendants filed by State of Texas. (Filing fee $402; Receipt number 0539-12962642) Plaintiff will submit summons(es) for issuance. 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. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Cover Sheet) (Hilton, Christopher) Modified on 7/14/2022 (bmh). (Entered: 07/14/2022)

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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by State of Texas. (Clerk QC note: No affiliate entered in ECF). (Hilton, Christopher) (Entered: 07/14/2022)

Request for Clerk to issue Summons filed by State of Texas. (Attachments: # 1 Additional Page(s) SumsRqst-Becerra-ND, # 2 Additional Page(s) SumsRqst-Becerra-USAG, # 3 Additional Page(s) SumsRqst-CMMS-MD, # 4 Additional Page(s) SumsRqst-CMMS-ND, # 5 Additional Page(s) SumsRqst-CMMS-USAG, # 6 Additional Page(s) SumsRqst-Tritz-MD, # 7 Additional Page(s) SumsRqst-Tritz-ND, # 8 Additional Page(s) SumsRqst-Tritz-USAG, # 9 Additional Page(s) SumsRqst-US HHS-DC, # 10 Additional Page(s) SumsRqst-US HHS-ND, # 11 Additional Page(s) SumsRqst-US HHS-USAG, # 12 Additional Page(s) SumsRqst-Wright-MD, # 13 Additional Page(s) SumsRqst-Wright-ND, # 14 Additional Page(s) SumsRqst-Wright-USAG) (Hilton, Amy) (Entered: 07/14/2022)

New Case Notes: A filing fee has been paid. 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. (bmh) (Entered: 07/14/2022)

Summons issued as to All Defendants, U.S. Attorney, and U.S. Attorney General. (bmh) (Entered: 07/14/2022)

SUMMONS Returned Executed as to US Department of Health and Human Services ; served on 7/19/2022. (Hilton, Amy) (Entered: 07/27/2022)

SUMMONS Returned Executed as to US Department of Health and Human Services ; served on 7/22/2022. (Hilton, Amy) (Entered: 07/27/2022)

SUMMONS Returned Executed as to David R. Wright ; served on 7/22/2022. (Hilton, Amy) (Entered: 07/27/2022)

SUMMONS Returned Executed as to David R. Wright ; served on 7/19/2022. (Hilton, Amy) (Entered: 07/27/2022)

SUMMONS Returned Executed. (Hilton, Amy) (Entered: 07/27/2022)

SUMMONS Returned Executed as to Centers for Medicare & Medicaid Services ; served on 7/19/2022. (Hilton, Amy) (Entered: 07/27/2022)

SUMMONS Returned Executed as to Karen L. Tritz ; served on 7/19/2022. (Hilton, Amy) (Entered: 07/27/2022)

SUMMONS Returned Executed as to Karen L. Tritz ; served on 7/22/2022. (Hilton, Amy) (Entered: 07/27/2022)

SUMMONS Returned Executed as to Xavier Becerra ; served on 7/19/2022. (Hilton, Amy) (Entered: 07/27/2022)

SUMMONS Returned Executed as to Xavier Becerra ; served on 7/22/2022. (Hilton, Amy) (Entered: 07/27/2022)

SUMMONS Returned Executed as to Centers for Medicare & Medicaid Services ; served on 7/22/2022. (Hilton, Amy) (Entered: 07/27/2022)

SUMMONS Returned Executed. (Hilton, Amy) (Entered: 07/27/2022)

AMENDED COMPLAINT against Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright filed by State of Texas, American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations. 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), # 2 Exhibit(s)) (Hilton, Amy) (Entered: 07/28/2022)

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Request for Clerk to issue Summonses filed by American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations, State of Texas. (Hilton, Christopher) (Entered: 07/29/2022)

Summons issued as to All Defendants, U.S. Attorney, and U.S. Attorney General. (bmh) (Entered: 07/29/2022)

SUMMONS Returned Executed as to US Department of Health and Human Services ; served on 7/21/2022. (Hilton, Amy) (Entered: 08/03/2022)

MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by State of Texas (Attachments: # 1 Proposed Order Proposed Order Granting Temporary Restraining Order) (Hilton, Amy). Added MOTION for Preliminary Injunction on 8/4/2022 (twd). (Entered: 08/03/2022)

Brief/Memorandum in Support filed by State of Texas re 22 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit(s) Appendix) (Hilton, Amy) (Entered: 08/03/2022)

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ORDER: It is ordered that the plaintiffs shall notify the defendants of their request for injunctive relief and provide them with a copy of this order. It is further ordered that the plaintiffs shall file a notice describing compliance with Rule 65(a)(1). Finally, the Court orders the plaintiffs to confer with the defendants and to prepare a status report for the Court that provides: (1) a proposed briefing schedule regarding the plaintiffs' motion; (2) the parties position on whether the Court may resolve the motion on the papers alone; (3) a proposed hearing date, if a hearing is desired or necessary; (4) an explanation of whether any hearing would be evidentiary in nature; and (5) if so, a general description of what evidence the parties plan to submit. The plaintiffs shall file the status report no later than August 9, 2022. (Ordered by Judge James Wesley Hendrix on 8/4/2022) (bmh) (Entered: 08/04/2022)

NOTICE of Attorney Appearance by Ryan Bangert on behalf of American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations. (Filer confirms contact info in ECF is current.) (Bangert, Ryan) (Entered: 08/04/2022)

NOTICE of Attorney Appearance by Kate Talmor-DOJ on behalf of Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright. (Filer confirms contact info in ECF is current.) (Talmor-DOJ, Kate) (Entered: 08/05/2022)

NOTICE of Attorney Appearance by Alexander N Ely on behalf of Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright. (Filer confirms contact info in ECF is current.) (Ely, Alexander) (Entered: 08/05/2022)

SUMMONS Returned Executed as to All Defendants. (Hilton, Amy) (Entered: 08/08/2022)

NOTICE of Advisory to the Court filed by American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations, State of Texas (Hilton, Amy) (Entered: 08/08/2022)

Joint STATUS REPORT filed by American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations, State of Texas. (Hilton, Amy) (Entered: 08/09/2022)

ORDER: The Court recognizes the plaintiffs allegations of imminent and irreparable injury, and it is also mindful of the defendants need for additional time to respond to the plaintiffs motion. Considering these conflicting interests, the Court sets the following schedule on the motion: The defendants shall file a responsive brief on or before August 15, 2022. The plaintiffs may file a reply brief on or before August 17, 2022. The Court will hear any evidence or argument the parties wish to present on August 18, 2022, at 1:00 p.m. CST in the United States District Court, Courtroom C-216, 1205 Texas Avenue, Lubbock, Texas 79401, before Judge James Wesley Hendrix. So ordered. (Ordered by Judge James Wesley Hendrix on 8/10/2022) (krr) (Entered: 08/10/2022)

NOTICE of Attorney Appearance by Christopher Robert Healy on behalf of Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright. (Filer confirms contact info in ECF is current.) (Healy, Christopher) (Entered: 08/10/2022)

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations. (Clerk QC note: No affiliate entered in ECF). (Bangert, Ryan) (Entered: 08/10/2022)

MOTION for Leave to File Brief in Excess of Page Limits Set by Local Rule filed by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright (Talmor-DOJ, Kate) (Entered: 08/12/2022)

ORDER granting 34 Motion for Enlargement of Pages. The defendants may file up to 45 pages in their response brief to the plaintiffs' motion for a temporary restraining order and a preliminary injunction (Dkt. No. 22). Furthermore, the Court permits the plaintiffs to file a reply brief of up to 20 pages. (Ordered by Judge James Wesley Hendrix on 8/12/2022) (bdg) (Entered: 08/12/2022)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-13037143) filed by New York State, California State of, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Washington, Washington DC with Brief/Memorandum in Support.. Party New York, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Washington, and Washington, D.C. added.Attorney Laura Etlinger added to party New York State(pty:am), Attorney Laura Etlinger added to party California State of(pty:am), Attorney Laura Etlinger added to party Colorado(pty:am), Attorney Laura Etlinger added to party Connecticut(pty:am), Attorney Laura Etlinger added to party Delaware(pty:am), Attorney Laura Etlinger added to party Hawaii(pty:am), Attorney Laura Etlinger added to party Illinois(pty:am), Attorney Laura Etlinger added to party Maine(pty:am), Attorney Laura Etlinger added to party Maryland(pty:am), Attorney Laura Etlinger added to party Massachusetts(pty:am), Attorney Laura Etlinger added to party Michigan(pty:am), Attorney Laura Etlinger added to party Minnesota(pty:am), Attorney Laura Etlinger added to party Nevada(pty:am), Attorney Laura Etlinger added to party New Jersey(pty:am), Attorney Laura Etlinger added to party New Mexico(pty:am), Attorney Laura Etlinger added to party North Carolina(pty:am), Attorney Laura Etlinger added to party Oregon(pty:am), Attorney Laura Etlinger added to party Pennsylvania(pty:am), Attorney Laura Etlinger added to party Rhode Island(pty:am), Attorney Laura Etlinger added to party Washington(pty:am), Attorney Laura Etlinger added to party Washington DC(pty:am) (Etlinger, Laura) (Entered: 08/15/2022)

MOTION for Leave to File amicus brief filed by California State of, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York State, North Carolina, Oregon, Pennsylvania, Rhode Island, Washington, Washington DC with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) proposed amicus brief) (Etlinger, Laura) (Entered: 08/15/2022)

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MOTION to Dismiss for Lack of Jurisdiction filed by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright (Healy, Christopher) (Entered: 08/15/2022)

RESPONSE filed by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright re: 22 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Injunction (Healy, Christopher) (Entered: 08/15/2022)

Brief/Memorandum in Support filed by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright re 38 MOTION to Dismiss for Lack of Jurisdiction (Healy, Christopher) (Entered: 08/15/2022)

Appendix in Support filed by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright re 39 Response/Objection, 38 MOTION to Dismiss for Lack of Jurisdiction (Healy, Christopher) (Entered: 08/15/2022)

ORDER granting 36 Application for Admission Pro Hac Vice of Laura Etlinger. 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); granting 37 Motion for Leave to File. The Clerk shall file the amici states' brief (Dkt. No. 37-1) as a new docket entry.(Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge James Wesley Hendrix on 8/16/2022) (bmh) (Entered: 08/16/2022)

BRIEF FOR THE STATES OF CALIFORNIA, NEW YORK, COLORADO, CONNECTICUT, DELAWARE, HAWAII, ILLINOIS, MAINE, MARYLAND, MASSACHUSETTS, MICHIGAN, MINNESOTA, NEVADA, NEW JERSEY, NEW MEXICO, NORTH CAROLINA, OREGON, PENNSYLVANIA, RHODE ISLAND, WASHINGTON, AND WASHINGTON, D.C. AS AMICI CURIAE IN SUPPORT OF DEFENDANTS AND IN OPPOSITION TO PLAINTIFFS MOTION FOR A PRELIMINARY INJUNCTION filed by Laura Etlinger. (bmh) (Entered: 08/16/2022)

NOTICE: A hearing is set for the plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Dkt. No. 22) on August 18, 2022, at 1:00 p.m. CST in the United States District Court, Courtroom C-216, 1205 Texas Avenue, Lubbock, Texas 79401. Dkt. No. 31. To aid the parties' preparation, the Court specifies the following procedural guidelines. Each side shall have one hour to present their arguments, with time to be distributed by each side as the respective parties see fit. Separately and as necessary, the Court willpermit the parties to present witness testimony and other evidence, and the time used for such presentation will not be counted against the parties argument time. Additional time for evidence and arguments may be granted as needed. (Ordered by Judge James Wesley Hendrix on 8/16/2022) (bmh) (Entered: 08/16/2022)

SUMMONS Returned Executed. (Hilton, Amy) (Entered: 08/16/2022)

SUMMONS Returned Executed. (Hilton, Amy) (Entered: 08/16/2022)

Unopposed MOTION for Leave to File Amicus Brief filed by American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association, Society for Maternal-Fetal Medicine, National Medical Association, National Hispanic Medical Association, American Academy of Pediatrics, American Academy of Family Physicians, American Public Health Association, American Academy of Emergency Medicine Residents and Students Association with Brief/Memorandum in Support. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order). Party Medical and Public Health Societies added.Attorney Jessica Anne Morton added to party American College of Emergency Physicians(pty:am), Attorney Jessica Anne Morton added to party American College of Obstetricians and Gynecologists(pty:am), Attorney Jessica Anne Morton added to party American Medical Association(pty:am), Attorney Jessica Anne Morton added to party Society for Maternal-Fetal Medicine(pty:am), Attorney Jessica Anne Morton added to party National Medical Association(pty:am), Attorney Jessica Anne Morton added to party National Hispanic Medical Association(pty:am), Attorney Jessica Anne Morton added to party American Academy of Pediatrics(pty:am), Attorney Jessica Anne Morton added to party American Academy of Family Physicians(pty:am), Attorney Jessica Anne Morton added to party American Public Health Association(pty:am), Attorney Jessica Anne Morton added to party American Academy of Emergency Medicine Residents and Students Association(pty:am) (Morton, Jessica) (Entered: 08/16/2022)

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Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-13041292) filed by American Academy of Emergency Medicine Residents and Students Association, American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association, American Public Health Association, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine (Morton, Jessica) (Entered: 08/16/2022)

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jeffrey B. Dubner (Filing fee $100; Receipt number 0539-13041293) filed by American Academy of Emergency Medicine Residents and Students Association, American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association, American Public Health Association, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine (Morton, Jessica) (Entered: 08/16/2022)

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney John T. Lewis (Filing fee $100; Receipt number 0539-13041294) filed by American Academy of Emergency Medicine Residents and Students Association, American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association, American Public Health Association, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine (Morton, Jessica) (Entered: 08/16/2022)

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Skye L. Perryman (Filing fee $100; Receipt number 0539-13041296) filed by American Academy of Emergency Medicine Residents and Students Association, American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association, American Public Health Association, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine (Morton, Jessica) (Entered: 08/16/2022)

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Molly A. Meegan (Filing fee $100; Receipt number 0539-13041297) filed by American Academy of Emergency Medicine Residents and Students Association, American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association, American Public Health Association, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine (Morton, Jessica) (Entered: 08/16/2022)

ORDER: Before the Court are Jessica Anne Morton's, Jeffrey B. Dubner's, John T. Lewis's, and Skye L. Perryman's applications for admission pro hac vice and request to proceed without local counsel. Also before the Court is Molly A. Meegan's application for admission pro hac vice and request to proceed without local counsel. The applications and requests are granted. Dkt. Nos. 48-51. 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). The Court also grants the amicis unopposed motion to file a brief in opposition to the plaintiffs' motion for a temporary restraining order and a preliminary injunction. Dkt. No. 47 . The Clerk shall file the amicis brief (Dkt. No. 47-1) as a new docket entry. (bmh) (Ordered by Judge James Wesley Hendrix on 8/17/2022) (Entered: 08/17/2022)

BRIEF OF AMICI CURIAE MEDICAL AND PUBLIC HEALTH SOCIETIES IN OPPOSITION TO PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION filed by Jessica Ann Morton on behalf of American Academy of Emergency Medicine Residents and Students Association, American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association, American Public Health Association, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine re: 22 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Injunction. (bmh) (Entered: 08/17/2022)

REPLY filed by American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations, State of Texas re: 22 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Injunction (Hilton, Amy) (Entered: 08/18/2022)

ELECTRONIC Minute Entry for proceedings held before Judge James Wesley Hendrix: Evidentiary Hearing held on 8/18/2022. Argument from parties heard by Court. Attorney Appearances: Plaintiff - Charles Eldred, Amy Hilton, William Wassdorf, Ryan Bangert; Defense - Christopher Healy, Alexander Ely, Kate Talmor, Eric Beckenhauer. (Court Reporter: Mechelle Daniel) (No exhibits) Time in Court - 3:20. (chmb) (Entered: 08/18/2022)

Unopposed MOTION for Leave to File Brief as Amicus Curiae filed by Thomas More Society (Attachments: # 1 Exhibit(s) Proposed Pleading, # 2 Proposed Order) (Brandt, Thomas) (Entered: 08/18/2022)

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Transcript Order Form: transcript requested by State of Texas for Preliminary Injunction & TRO Hearing held 8/18/22 (Court Reporter: Mechelle Daniel.) Payment method: Private funds - Requester has obtained the estimate from the reporter and has paid or will pay the cost as directed. Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court.. (Hilton, Amy) (Entered: 08/18/2022)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-13047844) filed by Thomas More Society (Attachments: # 1 Proposed Order)Attorney Brennan Tyler Brooks added to party Thomas More Society(pty:am) (Brooks, Brennan) (Entered: 08/18/2022)

ORDER: Before the Court is B. Tyler Brooks's application for admission pro hac vice for the limited purpose of appearing on behalf of the Thomas More Society as amicus curiae in this case. Dkt. No. 59 . The application is granted. The Clerk of Court shall deposit the admission fee to the account of the Non-Appropriated Fund of this Court. If Brooks has not already done so, he must register as an ECF user within 14 days. See Loc. Civ. R. 5.1(f). Also before the Court is the Unopposed Motion of the Thomas More Society to File Brief as Amicus Curiae in Support of Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction and in Opposition to Defendants Motion to Dismiss. Dkt. No. 57 . The Court grants the motion. The Clerk shall file the amicus's brief (Dkt. No. 57 -1) as a new docket entry. (Ordered by Judge James Wesley Hendrix on 8/19/2022) (krr) (Entered: 08/19/2022)

BRIEF OF THE THOMAS MORE SOCIETY AS AMICUS CURIAE IN SUPPORT OF PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION AND IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS. (krr) (Entered: 08/19/2022)

Notice of Filing of Official Electronic Transcript of Evidentiary Hearing Proceedings held on 08/18/2022 before Judge James Wesley Hendrix. Court Reporter/Transcriber Mechelle Daniel, Telephone number (806) 744-7667. 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. (145 pages) Redaction Request due 9/12/2022. Redacted Transcript Deadline set for 9/20/2022. Release of Transcript Restriction set for 11/18/2022. (kmd) (Entered: 08/20/2022)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-13054199) filed by American Academy of Emergency Medicine Residents and Students Association, American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association, American Public Health Association, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine Attorney Shannon Rose Selden added to party American Academy of Emergency Medicine Residents and Students Association(pty:am), Attorney Shannon Rose Selden added to party American Academy of Family Physicians(pty:am), Attorney Shannon Rose Selden added to party American Academy of Pediatrics(pty:am), Attorney Shannon Rose Selden added to party American College of Emergency Physicians(pty:am), Attorney Shannon Rose Selden added to party American College of Obstetricians and Gynecologists(pty:am), Attorney Shannon Rose Selden added to party American Medical Association(pty:am), Attorney Shannon Rose Selden added to party American Public Health Association(pty:am), Attorney Shannon Rose Selden added to party National Hispanic Medical Association(pty:am), Attorney Shannon Rose Selden added to party National Medical Association(pty:am), Attorney Shannon Rose Selden added to party Society for Maternal-Fetal Medicine(pty:am) (Selden, Shannon) (Entered: 08/22/2022)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-13054383) filed by American Academy of Emergency Medicine Residents and Students Association, American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association, American Public Health Association, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine Attorney Leah Suzanne Martin added to party American Academy of Emergency Medicine Residents and Students Association(pty:am), Attorney Leah Suzanne Martin added to party American Academy of Family Physicians(pty:am), Attorney Leah Suzanne Martin added to party American Academy of Pediatrics(pty:am), Attorney Leah Suzanne Martin added to party American College of Emergency Physicians(pty:am), Attorney Leah Suzanne Martin added to party American College of Obstetricians and Gynecologists(pty:am), Attorney Leah Suzanne Martin added to party American Medical Association(pty:am), Attorney Leah Suzanne Martin added to party American Public Health Association(pty:am), Attorney Leah Suzanne Martin added to party National Hispanic Medical Association(pty:am), Attorney Leah Suzanne Martin added to party National Medical Association(pty:am), Attorney Leah Suzanne Martin added to party Society for Maternal-Fetal Medicine(pty:am) (Martin, Leah) (Entered: 08/22/2022)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-13054506) filed by American Academy of Emergency Medicine Residents and Students Association, American Academy of Family Physicians, American Academy of Pediatrics, American College of Emergency Physicians, American College of Obstetricians and Gynecologists, American Medical Association, American Public Health Association, National Hispanic Medical Association, National Medical Association, Society for Maternal-Fetal Medicine Attorney Adam Bresler Aukland-Peck added to party American Academy of Emergency Medicine Residents and Students Association(pty:am), Attorney Adam Bresler Aukland-Peck added to party American Academy of Family Physicians(pty:am), Attorney Adam Bresler Aukland-Peck added to party American Academy of Pediatrics(pty:am), Attorney Adam Bresler Aukland-Peck added to party American College of Emergency Physicians(pty:am), Attorney Adam Bresler Aukland-Peck added to party American College of Obstetricians and Gynecologists(pty:am), Attorney Adam Bresler Aukland-Peck added to party American Medical Association(pty:am), Attorney Adam Bresler Aukland-Peck added to party American Public Health Association(pty:am), Attorney Adam Bresler Aukland-Peck added to party National Hispanic Medical Association(pty:am), Attorney Adam Bresler Aukland-Peck added to party National Medical Association(pty:am), Attorney Adam Bresler Aukland-Peck added to party Society for Maternal-Fetal Medicine(pty:am) (Aukland-Peck, Adam) (Entered: 08/22/2022)

Transcript Order Form: transcript requested by Xavier Becerra, David R. Wright, US Department of Health and Human Services, Centers for Medicare & Medicaid Services, Karen L. Tritz (Court Reporter: Mechelle Daniel.) Payment method: US government funds Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court.. (Talmor-DOJ, Kate) (Entered: 08/22/2022)

NOTICE of Attorney Appearance by Jonathan F Mitchell on behalf of Catholic Health Care Leadership Alliance, Christ Medicus Foundation, National Catholic Bioethics Center, Catholic Bar Association, Catholic Medical Association, National Association of Catholic Nurses-U.S.A., The Catholic Benefits Association. (Filer confirms contact info in ECF is current.) (Mitchell, Jonathan) (Entered: 08/22/2022)

Unopposed MOTION for Leave to File Amici Curiae Brief filed by Catholic Bar Association, Catholic Health Care Leadership Alliance, Catholic Medical Association, Christ Medicus Foundation, National Association of Catholic Nurses-U.S.A., National Catholic Bioethics Center, The Catholic Benefits Association (Attachments: # 1 Exhibit(s)) (Mitchell, Jonathan) (Entered: 08/22/2022)

ORDER granting 63, 64, 65 Applications for Admissions Pro Hac Vice of Shannon Rose Selden, Leah Martin, and Adam Aukland-Peck. 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). The motion for leave to file 68 is granted. The Clerk shall file the amicis brief (Dkt. No. 68-1) as a new docket entry. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge James Wesley Hendrix on 8/23/2022) (bmh) (Entered: 08/23/2022)

BRIEF filed by Jonathan F. Mitchell for Catholic Bar Association, Catholic Health Care Leadership Alliance, Catholic Medical Association, Christ Medicus Foundation, National Association of Catholic Nurses-U.S.A., National Catholic Bioethics Center, The Catholic Benefits Association re: 22 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Injunction. (bmh) (Entered: 08/23/2022)

MOTION for Leave to File Two-Page Surreplyto Address Issues Raised for First Time at Argument filed by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services (Talmor-DOJ, Kate) (Entered: 08/23/2022)

ORDER: Before the Court is the defendants motion to file a sur-reply 71 The motion is granted. The Court will take the sur-reply 71 under advisement (Ordered by Judge James Wesley Hendrix on 8/23/2022) (egp) (Entered: 08/23/2022)

MEMORANDUM OPINION AND ORDER: EMTALA is a federal statute requiring hospitals to provide emergency care to patients regardless of their financial circumstances. The statute says nothing about abortion, but it does impose obligations to stabilize bot h a mother and her unborn child. Without first completing notice-and-comment procedures, the Department of Health and Human Services issued Guidance to hospitals purporting to remind them that EMTALA requires the provision of abortions in certain ci rcumstances regardless of whether they are permitted under state law. Because that Guidance exceeds EMTALAs text and because notice-and-comment was required, the Court grants the plaintiffs motion for a preliminary injunction 22 and enjoins the Guidances enforcement against them. For the same reasons, the Court denies the defendants motion to dismiss 38 . (Ordered by Judge James Wesley Hendrix on 8/23/2022) (egp)

SUMMONS Returned Executed as to Xavier Becerra ; served on 7/21/2022. (Hilton, Amy) (Entered: 08/24/2022)

SUMMONS Returned Executed as to Karen L. Tritz ; served on 7/25/2022. (Hilton, Amy) (Entered: 08/24/2022)

SUMMONS Returned Executed. (Hilton, Amy) (Entered: 08/24/2022)

SUMMONS Returned Executed. (Hilton, Amy) (Entered: 08/24/2022)

SUMMONS Returned Executed. (Hilton, Amy) (Entered: 08/24/2022)

SUMMONS Returned Executed. (Hilton, Amy) (Entered: 08/24/2022)

SUMMONS Returned Executed. (Hilton, Amy) (Entered: 08/24/2022)

SUMMONS Returned Executed. (Hilton, Amy) (Entered: 08/24/2022)

SUMMONS Returned Executed. (Hilton, Amy) (Entered: 08/24/2022)

SUMMONS Returned Executed. (Hilton, Amy) (Entered: 08/24/2022)

STATUS REPORT ORDER: The Court orders the parties to file a joint status report by no lather than 9/9/2022. (Ordered by Judge James Wesley Hendrix on 8/29/2022) (bdg) (Entered: 08/29/2022)

Unopposed Motion for Extension of Time to File Answer filed by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright with Brief/Memorandum in Support. (Healy, Christopher) (Entered: 09/01/2022)

MOTION for Clarification filed by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright with Brief/Memorandum in Support. (Healy, Christopher) (Entered: 09/01/2022)

ORDER: Before the Court is Defendants' Motion to Extend the Answer Deadline, which the plaintiffs do not oppose. Dkt. No. 85. For the reasons stated in the defendants' motion, the motion is granted. Responsive pleadings are due September 27, 2022. (Ordered by Judge James Wesley Hendrix on 9/2/2022) (bmh) (Entered: 09/02/2022)

ORDER: Before the Court is Defendants' Motion for Clarification. Dkt. No. 86. The defendants indicate (id. at 2) that, after conferring with the plaintiffs, the motion is opposed. Plaintiffs must file a response no later than September 12, 2022. (Ordered by Judge James Wesley Hendrix on 9/2/2022) (bmh) (Entered: 09/02/2022)

NOTICE of Attorney Appearance by Matthew S Bowman on behalf of American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations. (Filer confirms contact info in ECF is current.) (Bowman, Matthew) (Entered: 09/07/2022)

Joint STATUS REPORT filed by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright. (Healy, Christopher) (Entered: 09/09/2022)

RESPONSE filed by American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations, State of Texas re: 86 MOTION for Clarification (Hilton, Amy) (Entered: 09/12/2022)

REPLY filed by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright re: 86 MOTION for Clarification (Talmor-DOJ, Kate) (Entered: 09/26/2022)

ANSWER to 18 Amended Complaint,,, filed by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright. 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. (Ely, Alexander) (Entered: 09/27/2022)

NOTICE OF INTERLOCUTORY APPEAL as to 73 Order on Motion to Dismiss/Lack of Jurisdiction,,,, Order on Motion for TRO,,,, Order on Motion for Injunction,,, to the Fifth Circuit by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Healy, Christopher) (Entered: 10/21/2022)

USCA Case Number 22-11037 in USCA FIFTH CIRCUIT for 94 Notice of Appeal filed by David R. Wright, Karen L. Tritz, US Department of Health and Human Services, Xavier Becerra, Centers for Medicare & Medicaid Services. (bmh)

ORDER REQUIRING JURISDICTIONAL BRIEFING: Before the Court are the Defendants Motion for Clarification (Dkt. No. 86 ), the Plaintiffs Response (Dkt. No. 91 ), and the Defendants Reply (Dkt. No. 92 ). During the Courts consideration of the motion, the defendants filed a Notice of Appeal (Dkt. No. 94 ) to challenge the Courts Memorandum Opinion and Order granting a preliminary injunction (Dkt. No. 73 ). Ordinarily, [t]he filing of a notice of appeal is an event of jurisdictional significanceit confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal. At the same time, Federal Rule of Appellate Procedure 4 prevents a notice of appeal from taking effect until certain post-judgment motions are resolved by the district court. The parties are ordered to brief whether the Court has jurisdiction to resolve the motion. The parties briefs shall be submitted simultaneously at 3:00 P.M. on November 10, 2022. (Ordered by Judge James Wesley Hendrix on 10/28/2022) (krr) (Entered: 10/28/2022)

Record on Appeal for USCA5 22-11037 (related to 94 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 1 Volume(s) electronic transcript,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (bmh)

RESPONSE filed by American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations, State of Texas re: 95 Order Setting Deadline/Hearing,,,, (Hilton, Amy) (Entered: 11/10/2022)

DEFENDANT'S RESPONSE TO THE COURT'S ORDER REQUIRING JURISDICTION BRIEFING filed by Xavier Becerra, Centers for Medicare & Medicaid Services, Karen L. Tritz, US Department of Health and Human Services, David R. Wright re 95 Order Setting Deadline/Hearing,,,, Regarding the Court's Jurisdiction to Resolve Defendants' Motion for Clarification (Healy, Christopher) . (Entered: 11/10/2022)

NOTICE of Attorney Appearance by Julie Marie Blake on behalf of American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical & Dental Associations. (Filer confirms contact info in ECF is current.) (Blake, Julie) (Entered: 11/14/2022)