Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Thank you!

DONATE

Case: Braidwood Management Inc. v. Becerra

4:20-cv-00283 | U.S. District Court for the Northern District of Texas

Filed Date: March 29, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 11, 2019 — more than nine years after the Affordable Care Act was signed into law—the U.S. Preventive Services Task Force recommended that health insurance cover preexposure prophylaxis  (PrEP) drugs without any cost-sharing arrangements such as co-payments or deductibles. On March 29, 2020, in the United States District Court for the Northern District of Texas, Plaintiffs filed a complaint, challenging the PrEP mandate as well as a prior contraception mandate. Plaintiffs, individuals a…

On June 11, 2019 — more than nine years after the Affordable Care Act was signed into law—the U.S. Preventive Services Task Force recommended that health insurance cover preexposure prophylaxis  (PrEP) drugs without any cost-sharing arrangements such as co-payments or deductibles.

On March 29, 2020, in the United States District Court for the Northern District of Texas, Plaintiffs filed a complaint, challenging the PrEP mandate as well as a prior contraception mandate. Plaintiffs, individuals and businesses in Texas, claimed they did not need or want contraceptive coverage in their health insurance. Plaintiffs also objected to the contraceptive coverage and the coverage of PrEP drugs on religious grounds under the Religious Freedom Restoration Act (RFRA). Plaintiffs sued the Secretary of Health & Human Services (HHS), the Secretary of the Treasury, and the Secretary of Labor. On July 20, 2020, Plaintiffs filed an amended complaint to add additional individuals as Plaintiffs.

On February 25, 2021, Judge Reed C. O'Connor ruled on defendants' motion to dismiss, dismissing two claims and retaining the others. The Court concluded that the Plaintiffs have standing to bring their claims. However, the Court concluded that the religious challenge to the Contraception Mandate should be dismissed under the principle of res judicata, meaning that the claim was precluded. This was because this Court had already issued an injunction in DeOtte, which prevented the Contraceptive Mandate from being applied to the Religious-Objector Plaintiffs. The Court also dismissed Plaintiff's statutory interpretation claim for failure to state a claim upon which relief may be granted since the text was clearly unambiguous. That said, the Court allowed the claims pertaining to the Appointments Clause, the Vesting Clause, the Nondelegation Doctrine, and RFRA to proceed. 2021 U.S. Dist. LEXIS 193410 (N.D. Tex. Feb. 25, 2021).

After several months of discovery, both parties filed cross-motions for summary judgment. On September 7, 2022, Judge Reed granted the motions in part and denied them in part. Concluding that at least some of the parties had standing, the Court considered the merits of each of the four remaining claims. 2022 U.S. Dist. LEXIS 161052 (N.D. Tex. Sep. 7, 2022)

Beginning with the Appointments and Vesting Clauses, the Court concluded that because the HHS Secretary effectively ratified some of the actions by two of the agencies involved in the promulgation of the mandates, there was no need to address the Appointments Clause issues regarding those two agencies. As for the other agency involved, the Court concluded that it was not subject to the Secretary's review, and therefore because of the power it wielded, the U.S. Preventive Services Task Force officers needed to be appointed pursuant to the Constitution. However, Plaintiffs’ removal claim failed because they did not identify any removal restrictions on those agency members.

As for the nondelegation issue, the Court granted Defendant's motion for summary judgment, concluding that under the current "intelligible principle" standard, Congress had indeed satisfied that standard and provided such guidance.

Lastly, the Court granted Plaintiff's motion for summary judgment with respect to the RFRA claim, finding that the PrEP mandate had not been shown to further a compelling government interest nor had it been shown that the mandate was the least restrictive means of furthering that stated interest. 

The case is ongoing, and the parties filed a joint status report with the Court, outlining the remaining issues to be decided and proposing a schedule for the remaining briefing.

Summary Authors

Michelle Wolk (11/22/2022)

Documents in the Clearinghouse

Document
1

4:20-cv-00283

Complaint -- Class Action

March 29, 2020

March 29, 2020

Complaint
14

4:20-cv-00283

First Amended Complaint

July 20, 2020

July 20, 2020

Complaint
35

4:20-cv-00283

Order

Kelley v. Azar II et al.

Feb. 25, 2021

Feb. 25, 2021

Order/Opinion
92

4:20-cv-00283

Memorandum Opinion and Order

Sept. 7, 2022

Sept. 7, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18366645/braidwood-management-inc-v-xavier-becerra/

Last updated Nov. 22, 2022, 11:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by Kelley Orthodontics, Joel Starnes, Braidwood Management Inc., John Kelley. (Filing fee $400; Receipt number 0539-10733398) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy 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 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Cover Sheet) (Mitchell, Jonathan) (Entered: 03/29/2020)

1 Exhibit(s)

View on PACER

2 Exhibit(s)

View on PACER

3 Exhibit(s)

View on PACER

4 Exhibit(s)

View on PACER

5 Exhibit(s)

View on PACER

6 Exhibit(s)

View on PACER

7 Cover Sheet

View on PACER

March 29, 2020

March 29, 2020

Clearinghouse
2

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Braidwood Management Inc., John Kelley, Kelley Orthodontics, Joel Starnes. (Mitchell, Jonathan) (Entered: 03/29/2020)

March 29, 2020

March 29, 2020

PACER
3

New Case Notes: A filing fee has been paid. File to: Judge O'Connor. 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. (pef) (Entered: 03/30/2020)

March 29, 2020

March 29, 2020

PACER

Case Assigned/Reassigned

March 29, 2020

March 29, 2020

PACER

Case Reassigned to Judge Reed C. O'Connor. Senior Judge John McBryde no longer assigned to the case. (pef)

March 29, 2020

March 29, 2020

PACER
4

Summons issued as to Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America, U.S. Attorney, and U.S. Attorney General. (pef) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
5

SUMMONS Returned Executed: U.S. Attorney served on 04/03/2020 on behalf of all defendants; U.S. Attorney General served on 04/07/2020 on behalf of all defendants. (Fillmore, H) Modified docket text on 4/15/2020 (pef). (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
6

NOTICE of Attorney Appearance by Jordan Landrum Von Bokern-DOJ on behalf of Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America. (Filer confirms contact info in ECF is current.) (Von Bokern-DOJ, Jordan) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
7

NOTICE of Attorney Appearance by Christopher M Lynch on behalf of Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America. (Filer confirms contact info in ECF is current.) (Lynch, Christopher) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
8

Unopposed Motion for Extension of Time to File Answer filed by Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America with Brief/Memorandum in Support. (Von Bokern-DOJ, Jordan) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
9

ORDER: Before the Court is Defendant's Unopposed Motion for Extension of Time to File Answer (Motion) (ECF No. 8 ), filed May 20, 2020. Having considered the unopposed Motion, the Court finds that it should be and is hereby GRANTED. It is hereby ORDERED that Defendants may respond to Plaintiff's Complaint on or before June 29, 2020. (Ordered by Judge Reed C. O'Connor on 5/20/2020) (pef) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
10

MOTION Extension of Page Limitation filed by Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
11

ORDER: Before the Court is Defendants' Unopposed Motion for Extension of Page Limitation (Motion) (ECF No. 10 ), filed June 26, 2020. Having considered the unopposed Motion, the Court finds that it should be and is hereby GRANTED. Therefore, it is hereby ORDERED that Defendants may file a motion to dismiss not to exceed 40 pages. (Ordered by Judge Reed C. O'Connor on 6/29/2020) (pef) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
12

MOTION to Dismiss for Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim() filed by Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America with Brief/Memorandum in Support. (Lynch, Christopher) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
13

***VACATED PER 16 ORDER*** ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Joint Report shall be filed on or before July 28, 2020. (Ordered by Judge Reed C. O'Connor on 6/30/2020) (pef) Modified on 7/27/2020 (chmb). (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
14

AMENDED COMPLAINT (FIRST) against Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America filed by Kelley Orthodontics, Joel Starnes, Braidwood Management Inc., John Kelley, Gregory Scheideman, Donovan Riddle, Karla Riddle, Zach Maxwell, Ashley Maxwell, Joel Miller. 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 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s)) (Mitchell, Jonathan) (Entered: 07/20/2020)

1 Exhibit(s)

View on PACER

2 Exhibit(s)

View on PACER

3 Exhibit(s)

View on PACER

4 Exhibit(s)

View on PACER

5 Exhibit(s)

View on PACER

6 Exhibit(s)

View on PACER

July 20, 2020

July 20, 2020

Clearinghouse
15

Joint MOTION to Vacate 13 Order for Scheduling Order Proposal filed by Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
16

ORDER granting 15 Joint Motion to Vacate. This Court's order of June 30, 2020, ECF No. 13, is hereby vacated. Defendants may file their Motion to Dismiss on or before August 7, 2020. (Ordered by Judge Reed C. O'Connor on 7/27/2020) (chmb) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
17

MOTION Extension of Page Limitation filed by Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
18

ELECTRONIC ORDER finding as moot 12 Motion to Dismiss for Lack of Jurisdiction. ; finding as moot 12 Motion to Dismiss for Failure to State a Claim (Ordered by Judge Reed C. O'Connor on 8/7/2020) (chmb) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
19

ORDER granting 17 Motion... Defendants may file a motion to dismiss not to exceed 35 pages. (Ordered by Judge Reed C. O'Connor on 8/7/2020) (wrb) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
20

MOTION to Dismiss for Lack of Jurisdiction First Amended Complaint, Motion to Dismiss for Failure to State a Claim() filed by Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America with Brief/Memorandum in Support. (Lynch, Christopher) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

RECAP
21

Unopposed MOTION to Extend Time of time to respond to motion to dismiss filed by Braidwood Management Inc., John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Donovan Riddle, Karla Riddle, Gregory Scheideman, Joel Starnes (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
22

ORDER: Having considered the 21 Unopposed Motion, the Court finds that it should be and is hereby GRANTED. Therefore, it is hereby ORDERED that Plaintiffs may file a response on or before September 11, 2020. (Ordered by Judge Reed C. O'Connor on 8/13/2020) (pef) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
23

MOTION Extend Page Limits for Plaintiffs' Response to Defendants' Motion to Dismiss filed by Braidwood Management Inc., John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Donovan Riddle, Karla Riddle, Gregory Scheideman, Joel Starnes (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 09/12/2020)

Sept. 12, 2020

Sept. 12, 2020

PACER
24

BRIEF filed by Braidwood Management Inc., John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Donovan Riddle, Karla Riddle, Gregory Scheideman, Joel Starnes re: 20 MOTION to Dismiss for Lack of Jurisdiction First Amended ComplaintMotion to Dismiss for Failure to State a Claim (Mitchell, Jonathan) Modified on 9/14/2020 (wrb). (Entered: 09/12/2020)

Sept. 12, 2020

Sept. 12, 2020

RECAP
25

ELECTRONIC ORDER granting 23 Motion. (Ordered by Judge Reed C. O'Connor on 9/14/2020) (chmb) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
26

Unopposed MOTION for Extension of Time to File Response to Motion to Dismiss, Nunc Pro Tunc filed by Braidwood Management Inc., John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Donovan Riddle, Karla Riddle, Gregory Scheideman, Joel Starnes (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER

Order on Motion for Miscellaneous Relief

Sept. 14, 2020

Sept. 14, 2020

PACER
27

NOTICE of Change of Address for Attorney H Dustin Fillmore, III on behalf of Braidwood Management Inc., John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Donovan Riddle, Karla Riddle, Gregory Scheideman, Joel Starnes. (Filer confirms contact info in ECF is current.) (Fillmore, H) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
28

MOTION for Extension of Time to File Response/Reply to 24 Response/Objection, filed by Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
29

ELECTRONIC ORDER granting 26 Motion for Extension of Time to File. (Ordered by Judge Reed C. O'Connor on 9/25/2020) (chmb) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER
30

ELECTRONIC ORDER granting 28 Defendants' Motion to Extend Time to File Reply.The deadline for Defendants to file their Reply is hereby extended to October 5, 2020. (Ordered by Judge Reed C. O'Connor on 9/25/2020) (chmb) (Entered: 09/25/2020)

Sept. 25, 2020

Sept. 25, 2020

PACER

Order on Motion to Extend Time to File Response/Reply

Sept. 25, 2020

Sept. 25, 2020

PACER

Order on Motion for Extension of Time to File Document

Sept. 25, 2020

Sept. 25, 2020

PACER
31

MOTION Extension of Page Limitation filed by Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
32

REPLY filed by Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America re: 20 MOTION to Dismiss for Lack of Jurisdiction First Amended ComplaintMotion to Dismiss for Failure to State a Claim (Lynch, Christopher) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
33

ELECTRONIC ORDER granting 31 Motion (Ordered by Judge Reed C. O'Connor on 10/6/2020) (chmb) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER

Order on Motion for Miscellaneous Relief

Oct. 6, 2020

Oct. 6, 2020

PACER
34

NOTICE of Supplemental Authority filed by Braidwood Management Inc., John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Donovan Riddle, Karla Riddle, Gregory Scheideman, Joel Starnes (Attachments: # 1 Exhibit(s)) (Mitchell, Jonathan) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER
35

ORDER: Defendants' Motion to Dismiss (ECF No. 20 ) is GRANTED in part and DENIED in part. Specifically, Defendants' Motion to Dismiss is GRANTED as to Plaintiffs' statutory-interpretation claim and the Religious-Objector Plaintiffs' Contraceptive Mandate claim. Those claims are hereby dismissed with prejudice. All other requested relief in Defendants' Motion to Dismiss is DENIED. (Ordered by Judge Reed C. O'Connor on 2/25/2021) (pef) (Entered: 02/25/2021)

Feb. 25, 2021

Feb. 25, 2021

Clearinghouse
36

ORDER: The parties are ORDERED to meet and confer regarding a discovery timeline, a proposed briefing schedule on any remaining dispositive motions, the need for a trial setting, and any other matters the parties feel necessary to bring to the Court's attention. The parties are directed to provide the Court with a status report on these matters by March 22, 2021. (Ordered by Judge Reed C. O'Connor on 2/25/2021) (pef) (Entered: 02/25/2021)

Feb. 25, 2021

Feb. 25, 2021

PACER
37

ANSWER to 14 Amended Complaint,,, filed by Alex M. Azar II, Steven T Mnuchin, Eugene Scalia, United States of America. 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. 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. (Von Bokern-DOJ, Jordan) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

RECAP
38

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Alex M. Azar II, Steven T Mnuchin, Eugene Scalia, United States of America. (Von Bokern-DOJ, Jordan) (Entered: 03/12/2021)

March 12, 2021

March 12, 2021

PACER
39

Joint STATUS REPORT filed by Alex M. Azar II, Steven T Mnuchin, Eugene Scalia, United States of America. (Lynch, Christopher) (Entered: 03/22/2021)

March 22, 2021

March 22, 2021

RECAP
40

SCHEDULING ORDER: Joinder of Parties due by 7/1/2021. Amended Pleadings due by 7/1/2021. Discovery due by 10/1/2021. Plaintiffs' Motion for Summary Judgment due by 11/1/2021. (See order for further specifics) (Ordered by Judge Reed C. O'Connor on 3/23/2021) (pef) (Entered: 03/23/2021)

March 23, 2021

March 23, 2021

RECAP
41

NOTICE of Attorney Appearance by Gene Patrick Hamilton on behalf of Braidwood Management Inc., John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Donovan Riddle, Karla Riddle, Gregory Scheideman, Joel Starnes. (Filer confirms contact info in ECF is current.) (Hamilton, Gene) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
42

Agreed MOTION to Extend Time Briefing Schedule filed by Xavier Becerra, United States of America, Martin J. Walsh, Janet L. Yellen (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 10/26/2021)

1 Proposed Order

View on PACER

Oct. 26, 2021

Oct. 26, 2021

RECAP
43

SCHEDULING ORDER: The Court GRANTS the parties' 42 Motion. The Court ORDERS the following: Plaintiffs' Motion for Summary Judgment is due on or before November 15. Defendants' Combined Response & Cross Motion for Summary Judgment is due December 29. Plaintiffs' Combined Reply & Response to Cross-Motion for Summary Judgment is due January 28, 2022. Defendants' Reply to Cross-Motion for Summary Judgment is due February 18. (Ordered by Judge Reed C. O'Connor on 10/26/2021) (pef) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

RECAP
44

MOTION for Summary Judgment filed by Braidwood Management Inc., John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman, Joel Starnes (Mitchell, Jonathan) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

RECAP
45

Brief/Memorandum in Support filed by Braidwood Management Inc., John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman, Joel Starnes re 44 MOTION for Summary Judgment (Mitchell, Jonathan) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

RECAP
46

Appendix in Support filed by Braidwood Management Inc., John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman, Joel Starnes re 44 MOTION for Summary Judgment (Mitchell, Jonathan) (Entered: 11/16/2021)

Nov. 15, 2021

Nov. 15, 2021

RECAP
47

Joint STIPULATION OF DISMISSAL of Claims Asserted by Donovan Riddle and Karla Riddle by Donovan Riddle, Karla Riddle. (Mitchell, Jonathan) (Entered: 12/02/2021)

Dec. 2, 2021

Dec. 2, 2021

RECAP
48

Agreed MOTION to Extend Time Amend Scheduling Order filed by Xavier Becerra, United States of America, Martin J. Walsh, Janet L. Yellen (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 12/20/2021)

1 Proposed Order

View on PACER

Dec. 20, 2021

Dec. 20, 2021

RECAP
49

ORDER: Before the Court is the parties' second 48 Agreed Motion to Amend Briefing Schedule. The Court GRANTS the parties' Motion. (see order) (Ordered by Judge Reed C. O'Connor on 12/21/2021) (mmw) (Entered: 12/21/2021)

Dec. 21, 2021

Dec. 21, 2021

RECAP
50

NOTICE of Supplemental Authority filed by Braidwood Management Inc., John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman, Joel Starnes (Attachments: # 1 Exhibit(s) Fifth Circuit panel opinion in DeOtte v. Nevada, No. 19-10754) (Mitchell, Jonathan) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER
51

Consent MOTION for Extension of Time to File Summary Judgment Briefing/Amend Scheduling Order filed by Xavier Becerra, United States of America, Martin J. Walsh, Janet L. Yellen (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 01/07/2022)

1 Proposed Order

View on PACER

Jan. 7, 2022

Jan. 7, 2022

RECAP
52

ORDER: Before the Court is the parties' 51 Consent Motion to Amend Briefing Schedule. The Court GRANTS the Motion. (see order) (Ordered by Judge Reed C. O'Connor on 1/7/2022) (mmw) (Entered: 01/07/2022)

Jan. 7, 2022

Jan. 7, 2022

RECAP
53

MOTION Extension of Page Limitation filed by Xavier Becerra, United States of America, Martin J. Walsh, Janet L. Yellen (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 01/27/2022)

1 Proposed Order

View on PACER

Jan. 27, 2022

Jan. 27, 2022

PACER
54

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12560141) filed by State of Illinois (Attachments: # 1 Exhibit(s) Cert of Good Standing - E Jordan)Attorney Elizabeth Jordan added to party State of Illinois(pty:am) (Jordan, Elizabeth) (Entered: 01/28/2022)

1 Exhibit(s) Cert of Good Standing - E Jordan

View on PACER

Jan. 28, 2022

Jan. 28, 2022

PACER
55

MOTION Appear without Local Counsel re 54 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12560141) filed by State of Illinois (Jordan, Elizabeth) Modified filers per PDF on 1/31/2022 (mmw). (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

PACER
56

MOTION for Leave to File Brief of Amici States in Support of the Defendants' Motion for Summary Judgment Pursuant to Local Rule 7.2(b) filed by State of Illinois with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Amicus Brief) (Jordan, Elizabeth) Modified filers per PDF on 1/31/2022 (mmw). (Entered: 01/28/2022)

1 Exhibit(s) Amicus Brief

View on PACER

Jan. 28, 2022

Jan. 28, 2022

PACER
57

ELECTRONIC ORDER granting 54 Application for Admission Pro Hac Vice of Elizabeth H. Jordan. 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 Reed C. O'Connor on 1/28/2022) (chmb) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

PACER
58

ORDER: Before the Court is Defendants' Unopposed 53 Motion for Extension of Page Limit. The Court GRANTS the motion and ORDERS that Defendants' Brief in Response to Plaintiffs' Motion for Summary Judgment and Cross-Motion for Summary Judgment shall be no longer than 60 pages. (Ordered by Judge Reed C. O'Connor on 1/28/2022) (mmw) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

PACER
59

ORDER: Before the Court is the Amici States' 55 Motion to Appear Without Local Counsel. The Court GRANTS the motion and ORDERS that counsel for the parties is required to fulfill all local counsel requirements and abide by all local rules of this Court. (Ordered by Judge Reed C. O'Connor on 1/28/2022) (mmw) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

PACER
60

ORDER: Before the Court is the Amici States' 56 Unopposed Motion for Leave to File Brief Amici Curiae in Support of the Defendants' Motion for Summary Judgment. The Court GRANTS the motion and DIRECTS the Clerk of Court to file the document attached to the motion (ECF No. 56-1) as the amici brief. (Ordered by Judge Reed C. O'Connor on 1/28/2022) (mmw) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

PACER
61

Brief of Amici States in Support of Defendants' Motion for Summary Judgment filed by State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Massachusetts, State of Michigan, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Pennsylvania, State of Rhode Island, State of Vermont, State of Washington, The District of Columbia re 20 MOTION to Dismiss for Lack of Jurisdiction First Amended ComplaintMotion to Dismiss for Failure to State a Claim, 12 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim (mmw) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

PACER
62

MOTION for Summary Judgment filed by Xavier Becerra, United States of America, Martin J. Walsh, Janet L. Yellen (Lynch, Christopher) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

RECAP
63

RESPONSE filed by Xavier Becerra, United States of America, Martin J. Walsh, Janet L. Yellen re: 44 MOTION for Summary Judgment (Lynch, Christopher) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

RECAP
64

Brief/Memorandum in Support filed by Xavier Becerra, United States of America, Martin J. Walsh, Janet L. Yellen re 63 Response/Objection, 62 MOTION for Summary Judgment (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 01/28/2022)

1 Proposed Order

View on PACER

Jan. 28, 2022

Jan. 28, 2022

RECAP
65

Appendix in Support filed by Xavier Becerra, United States of America, Martin J. Walsh, Janet L. Yellen re 63 Response/Objection, 62 MOTION for Summary Judgment, 64 Brief/Memorandum in Support of Motion, (Lynch, Christopher) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

RECAP

Order on Application for Admission Pro Hac Vice

Jan. 28, 2022

Jan. 28, 2022

PACER
66

Unopposed MOTION for Leave to File AMICI CURIAE BRIEF IN SUPPORT OF DEFENDANTS filed by 20 Health Policy Experts (Attachments: # 1 Proposed Order, # 2 Exhibit(s) Amici Curiae Brief, # 3 Exhibit(s) Appendix to Amici Curiae Brief). Party 20 Health Policy Experts, the APHA, and the AAMC added.Attorney Kaylynn Danielle Webb added to party 20 Health Policy Experts(pty:am) (Webb, Kaylynn) (Entered: 02/04/2022)

1 Proposed Order

View on PACER

2 Exhibit(s) Amici Curiae Brief

View on PACER

3 Exhibit(s) Appendix to Amici Curiae Brief

View on PACER

Feb. 4, 2022

Feb. 4, 2022

PACER
67

ORDER: The Court GRANTS the 66 motion and DIRECTS the Clerk of Court to file Exhibit 2 (ECF No. 66-2) as the amici brief and Exhibit 3 (ECF No. 66-3) as the appendix to the amici brief. (Ordered by Judge Reed C. O'Connor on 2/7/2022) (mmw) (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

PACER
68

AMICUS BRIEF in Support of Defendants' 62 Motion for Summary Judgment filed by 20 Health Policy Experts, The American Public Health Association, The Association of American Medical Colleges (mmw) (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

RECAP
69

Appendix in Support filed by 20 Health Policy Experts, The American Public Health Association, The Association of American Medical Colleges re 68 Amicus Brief (mmw) (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

PACER
70

MOTION for Extension of Time to File Response/Reply to 44 MOTION for Summary Judgment, 62 MOTION for Summary Judgment filed by Braidwood Management Inc, John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman, Joel Starnes (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 02/25/2022)

1 Proposed Order

View on PACER

Feb. 25, 2022

Feb. 25, 2022

PACER
71

ORDER granting 70 Motion to Extend Time to File Response/Reply. Plaintiffs shall file their combined reply and response brief no later than Monday, March 14, 2022. Defendants shall file their reply brief in support of their cross-motion for summary judgment no later than April 4, 2022. (Ordered by Judge Reed C. O'Connor on 2/26/2022) (chmb) (Entered: 02/26/2022)

Feb. 26, 2022

Feb. 26, 2022

RECAP
72

MOTION for Extension of Time to File Response/Reply to 44 MOTION for Summary Judgment, 62 MOTION for Summary Judgment filed by Braidwood Management Inc, John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman, Joel Starnes (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 03/13/2022)

1 Proposed Order

View on PACER

March 13, 2022

March 13, 2022

PACER
73

ORDER: Before the Court is Plaintiffs' 72 Motion for Extension of Time for Plaintiffs to File Reply Brief in Support of Motion for Summary Judgment. The Court GRANTS the motion. (see order) (Ordered by Judge Reed C. O'Connor on 3/14/2022) (mmw) (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

RECAP
74

RESPONSE filed by Braidwood Management Inc, John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman, Joel Starnes re: 62 MOTION for Summary Judgment (Attachments: # 1 Exhibit(s)) (Mitchell, Jonathan) (Entered: 03/29/2022)

1 Exhibit(s)

View on PACER

March 28, 2022

March 28, 2022

RECAP
75

MOTION for Extension of Time to File Response/Reply to 74 Response/Objection, 73 Order Setting Deadline/Hearing,, Terminate Motions, filed by Xavier Becerra, United States of America, Martin J Walsh, Janet L. Yellen (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 03/30/2022)

1 Proposed Order

View on PACER

March 30, 2022

March 30, 2022

PACER
76

ORDER granting 75 ...Before the Court is Defendants Consent Motion to Amend Briefing Schedule (ECF No. 75 ), filed March 30, 2022. Noting the motion is unopposed, the Court GRANTS the motion and ORDERS that Defendants shall file their reply brief in support of their cross- motion for summary judgment no later than May 6, 2022. (Ordered by Judge Reed C. O'Connor on 3/31/2022) (wxc) (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

RECAP
77

MOTION for Extension of Time to File Response/Reply to 76 Order on Motion to Extend Time to File Response/Reply, filed by Xavier Becerra, United States of America, Martin J Walsh, Janet L. Yellen (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 05/03/2022)

1 Proposed Order

View on PACER

May 3, 2022

May 3, 2022

RECAP
78

ORDER: Before the Court is the 77 Consent Motion to Amend Briefing Schedule. The Court GRANTS the motion and ORDERS that Defendants' reply is due May 26, 2022. (Ordered by Judge Reed C. O'Connor on 5/4/2022) (mmw) (Entered: 05/04/2022)

May 4, 2022

May 4, 2022

RECAP
79

Unopposed MOTION to Withdraw as Attorney filed by Alex M. Azar II, Xavier Becerra, Steven T Mnuchin, Eugene Scalia, United States of America, Martin J Walsh, Janet L. Yellen with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Von Bokern-DOJ, Jordan) (Entered: 05/05/2022)

1 Proposed Order

View on PACER

May 5, 2022

May 5, 2022

PACER
80

ORDER: Before the Court is Defendants' Unopposed Motion to Withdraw (ECF No. 79 ), filed May 5, 2022. The Court GRANTS the motion and DIRECTS the Clerk of Court to terminate Jordan L. Von Bokern of the United States Department of Justice as counsel for Defendants. (Ordered by Judge Reed C. O'Connor on 5/6/2022) (mmw) (Entered: 05/06/2022)

May 6, 2022

May 6, 2022

PACER
81

MOTION Extension of Page Limitation for Reply in Support of Cross Motion for Summary Judgment filed by Xavier Becerra, United States of America, Martin J Walsh, Janet L. Yellen (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 05/25/2022)

1 Proposed Order

View on PACER

May 25, 2022

May 25, 2022

PACER
82

ORDER: Before the Court is Defendants' Unopposed Motion for Extension of Page Limit for Defendants Reply (ECF No. 81 ), filed May 25, 2022. Noting the motion is unopposed, the Court GRANTS the motion and ORDERS that Defendants' reply brief shall be no longer than 35 pages. (Ordered by Judge Reed C. O'Connor on 5/25/2022) (mmw) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

RECAP
83

REPLY filed by Xavier Becerra, United States of America, Martin J Walsh, Janet L. Yellen re: 62 MOTION for Summary Judgment (Lynch, Christopher) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

RECAP
84

ORDER...Before the Court are Plaintiffs Motion for Summary Judgment (ECF No. 44 ), filed November 15, 2021; and Defendants Cross-Motion for Summary Judgment (ECF No. 62 ), filed January 28, 2022. The Court ORDERS a motions hearing to take place on Tuesday, July 26, 2022, at 9:00 AM in the Second Floor Courtroom of the Federal Courthouse in Fort Worth, Texas. (Ordered by Judge Reed C. O'Connor on 7/7/2022) (wxc) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

RECAP
85

ELECTRONIC Minute Entry for proceedings held before Judge Reed C. O'Connor: Motion Hearing held on 7/26/2022 re 44 Motion for Summary Judgment filed by Gregory Scheideman, John Scott Kelley, Joel Miller, Kelley Orthodontics, Joel Starnes, Ashley Maxwell, Braidwood Management Inc, Zach Maxwell, 62 Motion for Summary Judgment filed by Martin J Walsh, United States of America, Xavier Becerra, Janet L Yellen. Attorney Appearances: Plaintiff - Jonathan Mitchell; Defense - Christopher Lynch, Brian Stoltz. (Court Reporter: Zoie Williams) (No exhibits) Time in Court - 1:40. (chmb) (Entered: 07/26/2022)

July 26, 2022

July 26, 2022

PACER
86

Supplemental Document by Xavier Becerra, United States of America, Martin J Walsh, Janet L Yellen as to 63 Response/Objection, 62 MOTION for Summary Judgment . (Lynch, Christopher) (Entered: 08/02/2022)

Aug. 2, 2022

Aug. 2, 2022

RECAP
87

NOTICE of Supplemental Authority filed by Braidwood Management Inc, John Scott Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Donovan Riddle, Karla Riddle, Gregory Scheideman, Joel Starnes (Attachments: # 1 Exhibit(s)) (Mitchell, Jonathan) (Entered: 08/03/2022)

1 Exhibit(s)

View on RECAP

Aug. 3, 2022

Aug. 3, 2022

RECAP
88

NOTICE of Errata or Clarification re: 86 Supplemental Document filed by Xavier Becerra, United States of America, Martin J Walsh, Janet L Yellen (Lynch, Christopher) (Entered: 08/05/2022)

Aug. 5, 2022

Aug. 5, 2022

RECAP
89

MOTION to Amend Caption filed by Braidwood Management Inc, John Scott Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman, Joel Starnes (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 08/10/2022)

1 Proposed Order

View on RECAP

Aug. 10, 2022

Aug. 10, 2022

RECAP
90

ORDER Before the Court is Plaintiffs Unopposed Motion to Amend Caption 89, filed August 10, 2022. Noting the motion is unopposed, the Court GRANTS the motion and DIRECTS the Clerk of Court to update the case caption as reflected in this order (Ordered by Judge Reed C. O'Connor on 8/11/2022) (jgg) (Entered: 08/11/2022)

Aug. 11, 2022

Aug. 11, 2022

RECAP
91

NOTICE of Supplemental Authority filed by Braidwood Management Inc, John Scott Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman, Joel Starnes (Attachments: # 1 Exhibit(s)) (Mitchell, Jonathan) (Entered: 08/23/2022)

1 Exhibit(s)

View on RECAP

Aug. 23, 2022

Aug. 23, 2022

RECAP
92

MEMORANDUM OPINION & ORDER: The Court ORDERS that motions are GRANTED in part and DENIED in part 44 62 .The parties shall file a joint status report by September 9, 2022, outlining the remaining issues to be decided and proposing a schedule for the remaining briefing. (Ordered by Judge Reed C. O'Connor on 9/7/2022) (jgg) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

Clearinghouse
93

Consent MOTION for Extension of Time to File Joint Status Reportto September 16, 2022 filed by Xavier Becerra, United States of America, Martin J Walsh, Janet L Yellen (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 09/08/2022)

1 Proposed Order

View on PACER

Sept. 8, 2022

Sept. 8, 2022

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Reproductive Issues

Public Benefits/Government Services

Speech and Religious Freedom

Key Dates

Filing Date: March 29, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Eight Texas residents, one professional association, and one, for-profit closely held corporation incorporated under Texas Law.

Plaintiff Type(s):

Private Plaintiff

Closely-held (for profit) corporation

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Ex parte Young (federal or state officials)

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Issues

General:

Abortion

Contraception

Gay/lesbian/transgender

Religious programs / policies

Medical/Mental Health:

HIV/AIDS

Medical care, general

Medication, administration of

Reproductive rights:

Reproductive health care (including birth control, abortion, and others)