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Case: State of Texas v. Equal Employment Opportunity Commission

2:21-cv-00194 | U.S. District Court for the Northern District of Texas

Filed Date: Sept. 20, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about whether Bostock v. Clayton County prevents Texas from maintaining gender-discriminatory employment policies (e.g., on bathrooms and pronouns) and from requiring mandatory reporting of some youth sex-change procedures.  On September 20, 2021, Texas, as the plaintiff, brought a lawsuit against the Equal Employment Opportunity Commission (EEOC) in the U.S. District Court, Northern District of Texas [Amarillo] challenging June 15, 2021 guidance from the EEOC which interpreted e…

This is a case about whether Bostock v. Clayton County prevents Texas from maintaining gender-discriminatory employment policies (e.g., on bathrooms and pronouns) and from requiring mandatory reporting of some youth sex-change procedures. 

On September 20, 2021, Texas, as the plaintiff, brought a lawsuit against the Equal Employment Opportunity Commission (EEOC) in the U.S. District Court, Northern District of Texas [Amarillo] challenging June 15, 2021 guidance from the EEOC which interpreted employers’ obligations under Title VII of the Civil Rights Act of 1964 (the “Guidance”).

The new guidance was necessary in light of Bostock, which on June 15, 2020, newly held that that Title VII’s “because of . . . sex” terminology prohibits sexual orientation and gender identity discrimination in employment. The EEOC Guidance required employers, including Texas, to allow employees to use facilities such as bathrooms, locker rooms, and showers, as well as navigate dress codes and pronoun usage, according to their self-identified genders. Texas’s preexisting employment policies did not allow this. 

Texas government attorneys represented Texas and brought nine claims. Overall, Texas argued that the EEOC violated Title VII by incorrectly interpreting Title VII, violated the First Amendment by compelling and restraining speech regarding pronouns, violated the Eleventh Amendment by denying states the sovereign immunity to set their own employment policies, and violated several federal laws and EEOC-internal procedures. Thus, Texas sought: (1) declaratory relief and injunctive relief against the Guidance under the Administrative Procedure Act and the Declaratory Judgement Act; (2) declaratory and injunctive relief against its enforcement against the states; and (3) attorney fees. 

On February 22, 2022, Texas Governor Abbott ordered the Texas Department of Family and Protective Services to investigate sex change procedures as illegal "child abuse" under state law. The next month, as a response, the Office of Civil Rights of the U.S. Department of Health and Human Services (HHS) promulgated new guidance, stating that staff of any facility receiving federal funds who complied with Texas’ obligations to report sex-change procedures to State authorities may have violated federal law. That is because under the Affordable Care Act, federally-funded entities may not restrict individuals’ ability to receive medically necessary care, including gender-affirming care, solely based on their sex assigned at birth.

On March 15, 2022, Texas amended its complaint in response to the new HHS guidance. In the amended complaint, Texas added HHS as a defendant and added additional claims. Texas alleged that HHS acted arbitrarily and capriciously by misapplying Bostock in its guidance, that HHS’s misinterpretation led to agency power overreach, and that HHS violated federal law procedures. Texas sought declaratory and injunctive relief against the HHS guidance as well as attorney’s fees.

On April 6, 2022, the EEOC and HHS renewed a previous motion to dismiss for lack of subject-matter jurisdiction. On May 26, 2022, Judge Matthew J. Kacsmaryk found subject-matter jurisdiction for ten of Texas’ claims but dismissed the final eleventh claim. 2022 U.S. Dist. LEXIS 129163.

Both sides moved for summary judgment. On October 1, 2022, Judge Kacsmaryk granted the EEOC summary judgment for the First and Eleventh Amendment claims. The former was granted because there was no imminent First Amendment issue and the latter because Texas had abandoned the claim. However, the Judge granted the plaintiff’s cross-motion for summary judgment on the rest of the counts. Notably, he did not think either piece of Guidance followed directly from Bostock, asserting that Bostock was about identity whereas the Guidances were about conduct. Judge Kacsmaryk declared both Guidances unlawful, vacated and set aside both, and ruled that Texas would recover reasonable attorney’s fees. 2022 WL 4835346.

The case is ongoing.

Summary Authors

Sophia Bucci (10/9/2022)

Related Cases

Tennessee v. United States Department of Education, Eastern District of Tennessee (2021)

Documents in the Clearinghouse

Document
1

2:21-cv-00194

Complaint

Sept. 20, 2021

Sept. 20, 2021

Complaint
31

2:21-cv-00194

Amended Complaint

March 15, 2022

March 15, 2022

Complaint
53

2:21-cv-00194

Order on Motion to Dismiss/Lack of Jurisdiction AND Order on Motion to Dismiss

May 26, 2022

May 26, 2022

Order/Opinion
74

2:21-cv-00194

Memorandum Opinion and Order

Oct. 1, 2022

Oct. 1, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60396092/state-of-texas-v-equal-employment-opportunity-commission/

Last updated Oct. 10, 2022, 7:32 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by State of Texas. (Filing fee $402; Receipt number 0539-12230331) Clerk to issue summons(es) for federal defendant(s). 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 Exh. A, # 2 Cover Sheet) (Walters, Ryan) (Entered: 09/20/2021)

1 Exh. A

View on PACER

2 Cover Sheet

View on PACER

Sept. 20, 2021

Sept. 20, 2021

Clearinghouse
2

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by State of Texas. (Walters, Ryan) (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

PACER
3

ADDITIONAL ATTACHMENTS to 1 Complaint,,,, by Plaintiff State of Texas. (Walters, Ryan) (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

PACER
4

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 (Judge Reno). Clerk to provide copy to plaintiff if not received electronically. (awc) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER
5

Summons issued as to Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick B. Garland, U.S. Attorney, and U.S. Attorney General. (awc) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER
6

SUMMONS Returned Executed as to Equal Employment Opportunity Commission ; served on 10/12/2021. (Walters, Ryan) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
7

SUMMONS Returned Executed as to Charlotte A. Burrows ; served on 10/12/2021. (Walters, Ryan) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
8

SUMMONS Returned Executed as to Merrick B. Garland ; served on 10/12/2021. (Walters, Ryan) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
9

NOTICE of Attorney Appearance by Martin M Tomlinson on behalf of Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick B Garland. (Filer confirms contact info in ECF is current.) (Tomlinson, Martin) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

PACER
10

Consent Motion for Extension of Time to File Answer Until December 23, 2021 filed by Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick B Garland (Attachments: # 1 Proposed Order, # 2 Certificate of Conference) (Tomlinson, Martin) (Entered: 12/10/2021)

Dec. 10, 2021

Dec. 10, 2021

PACER
11

ORDER granting 10 Motion for Extension of Time to File Answer. After considering the parties' pleadings, the Court GRANTS the motion and ORDERS Defendants to file their response to Plaintiff's Complaint (ECF No. 1) on or before Thursday, December 23, 2021. (Ordered by Judge Matthew J. Kacsmaryk on 12/17/2021) (nhp) (Entered: 12/17/2021)

Dec. 17, 2021

Dec. 17, 2021

PACER
12

MOTION to Dismiss for Lack of Jurisdiction filed by Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick B Garland with Brief/Memorandum in Support. (Attachments: # 1 Declaration(s) Declaration of Raymond Peeler, # 2 Exhibit(s) Exhibit A to Declaration of Raymond Peeler) (Tomlinson, Martin) (Entered: 12/23/2021)

1 Declaration(s) Declaration of Raymond Peeler

View on RECAP

2 Exhibit(s) Exhibit A to Declaration of Raymond Peeler

View on RECAP

Dec. 23, 2021

Dec. 23, 2021

RECAP
13

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick B Garland. (Tomlinson, Martin) (Main Document 13 replaced with flattened document on 12/29/2021) (awc). (Entered: 12/28/2021)

Dec. 28, 2021

Dec. 28, 2021

PACER
14

Unopposed MOTION to Extend Time to respond to motion to dismiss filed by State of Texas with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Walters, Ryan) (Entered: 01/11/2022)

Jan. 11, 2022

Jan. 11, 2022

PACER
15

ORDER granting 14 Motion to Extend Time. After considering the parties' pleadings, the Court GRANTS the motion and ORDERS Plaintiff to file a response to Defendants' Motion to Dismiss (ECF No. 12) on or before Friday, February 11, 2022. (Ordered by Judge Matthew J. Kacsmaryk on 1/12/2022) (awc) (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

PACER
16

ORDER: JOINT Proposed Scheduling Order due by 3/1/2022. (SEE ORDER FOR FURTHER SPECIFICS) (Ordered by Judge Matthew J. Kacsmaryk on 2/8/2022) (nhp) (Entered: 02/08/2022)

Feb. 8, 2022

Feb. 8, 2022

RECAP
17

Unopposed MOTION for Leave to File to Exceed Page Limits filed by State of Texas with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Walters, Ryan) (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER
18

RESPONSE filed by State of Texas re: 12 MOTION to Dismiss for Lack of Jurisdiction (Walters, Ryan) (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER
19

Appendix in Support filed by State of Texas re 18 Response/Objection to Motion to Dismiss (Attachments: # 1 Appendix in Support of Plaintiff's Memorandum in Opposition to Motion to Dismiss) (Walters, Ryan) (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER
20

ORDER granting 17 Unopposed MOTION for Leave to File to Exceed Page Limits. (Ordered by Judge Matthew J. Kacsmaryk on 2/14/2022) (nhp) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
21

MOTION for Extension of Time to File Response/Reply to 18 Response/Objection, Unopposed MOTION for Leave to File Exceed page limits by 10 additional pagesin forthcoming reply () filed by Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick B Garland (Attachments: # 1 Certificate of Conference, # 2 Proposed Order Proposed Order) (Tomlinson, Martin) (Entered: 02/18/2022)

Feb. 18, 2022

Feb. 18, 2022

PACER
22

ORDER granting 21 Motion to Extend Time to File Response/Reply; granting 21 Motion for Leave to File. (The requesting party must file the document with the clerk.) (Ordered by Judge Matthew J. Kacsmaryk on 2/18/2022) (nhp) (Entered: 02/18/2022)

Feb. 18, 2022

Feb. 18, 2022

PACER
23

Proposal for contents of scheduling and discovery order (Joint Proposal by all Parties) by Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick B Garland. (Tomlinson, Martin) (Entered: 03/01/2022)

March 1, 2022

March 1, 2022

PACER
24

ORDER: Having considered the Joint Report, the Court ADOPTS parties' proposed deadlines. (Ordered by Judge Matthew J. Kacsmaryk on 3/7/2022) (nhp) (Entered: 03/07/2022)

March 7, 2022

March 7, 2022

RECAP
25

SCHEDULING ORDER: Joinder of Parties due by 5/1/2022. Amended Pleadings due by 5/1/2022. Motion for Summary Judgment due by 5/20/2022. (See Order for further specifics) (Ordered by Judge Matthew J. Kacsmaryk on 3/7/2022) (nhp) (Entered: 03/07/2022)

March 7, 2022

March 7, 2022

RECAP
26

MOTION for Leave to File First Amended Complaint filed by State of Texas with Brief/Memorandum in Support. (Attachments: # 1 Proposed First Amended Complaint, # 2 Exhibits to First Amended Complaint, # 3 Proposed Order) (Walters, Ryan) (Entered: 03/09/2022)

March 9, 2022

March 9, 2022

PACER
27

NOTICE of Attorney Appearance by Christopher Robert Healy on behalf of Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick B Garland. (Filer confirms contact info in ECF is current.) (Healy, Christopher) (Entered: 03/11/2022)

March 11, 2022

March 11, 2022

PACER
28

NOTICE of Attorney Appearance by Michael Drezner on behalf of Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick B Garland. (Filer confirms contact info in ECF is current.) (Drezner, Michael) (Entered: 03/11/2022)

March 11, 2022

March 11, 2022

PACER
29

REPLY filed by Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick B Garland re: 12 MOTION to Dismiss for Lack of Jurisdiction (Tomlinson, Martin) (Entered: 03/12/2022)

March 12, 2022

March 12, 2022

PACER
30

ORDER granting 26 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) Defendants should file any Supplemental Motion to Dismiss on or before Wednesday, April 6, 2022, at 5:00 p.m. (CST). (Ordered by Judge Matthew J. Kacsmaryk on 3/15/2022) (nhp) (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

PACER
31

FIRST 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)) (nhp) (Entered: 03/15/2022)

1 Exhibit(s)

View on PACER

March 15, 2022

March 15, 2022

Clearinghouse
32

Request for Clerk to issue Summons in a Civil Action filed by State of Texas. (Walters, Ryan) (Entered: 03/17/2022)

March 17, 2022

March 17, 2022

PACER
33

Summons issued as to Xavier Becerra, Lisa J Pino, U.S. Department of Health and Human Services, U.S. Attorney, and U.S. Attorney General. (awc) (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

PACER
34

SUMMONS Returned Executed as to Lisa J Pino ; served on 3/22/2022. (Walters, Ryan) (Entered: 03/30/2022)

March 30, 2022

March 30, 2022

PACER
35

SUMMONS Returned Executed as to Xavier Becerra ; served on 3/22/2022. (Walters, Ryan) (Entered: 03/30/2022)

March 30, 2022

March 30, 2022

PACER
36

SUMMONS Returned Executed as to US Department of Health and Human Services ; served on 3/22/2022. (Walters, Ryan) (Entered: 03/30/2022)

March 30, 2022

March 30, 2022

PACER
37

Supplemental MOTION to Dismiss First Amended Complaint filed by Xavier Becerra, Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick B Garland, Lisa J Pino, US Department of Health and Human Services with Brief/Memorandum in Support. Attorney Martin M Tomlinson added to party Xavier Becerra(pty:dft), Attorney Martin M Tomlinson added to party Lisa J Pino(pty:dft), Attorney Martin M Tomlinson added to party US Department of Health and Human Services(pty:dft) (Tomlinson, Martin) Modified title on 4/7/2022 (awc). (Entered: 04/06/2022)

April 6, 2022

April 6, 2022

RECAP
38

Unopposed MOTION for Extension of Time to Respond to Defendants' Supplemental Motion to Dismiss filed by State of Texas with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Walters, Ryan) Modified title on 4/26/2022 (daa). (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER
39

ORDER granting 38 Motion for Extension of Time. Plaintiff's deadline for filing its response to Defendant's Supplemental Motion to Dismiss is Friday, April 29, 2022. (Ordered by Judge Matthew J. Kacsmaryk on 4/26/2022) (awc) (Entered: 04/26/2022)

April 26, 2022

April 26, 2022

PACER
40

MOTION for Extension of Time to File Response/Reply to 37 MOTION to Dismiss First Amended Complaint filed by Xavier Becerra, Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick B Garland, Lisa J Pino, US Department of Health and Human Services (Attachments: # 1 Proposed Order) (Tomlinson, Martin) (Entered: 04/26/2022)

April 26, 2022

April 26, 2022

PACER
41

ORDER granting 40 Motion to Extend Time to File Response/Reply. Defendants' deadline for filing its reply to Plaintiff's Response in Opposition to Defendants' Supplemental Motion to Dismiss Plaintiff's First Amended Complaint is Friday, May 13, 2022. (Ordered by Judge Matthew J. Kacsmaryk on 4/27/2022) (awc) (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

PACER
42

RESPONSE filed by State of Texas re: 37 MOTION to Dismiss First Amended Complaint (Walters, Ryan) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

RECAP
43

Appendix in Support filed by State of Texas re 42 Response/Objection (Walters, Ryan) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

PACER
44

MOTION to Extend Time to file motion for summary judgment and administrative records, if any filed by Xavier Becerra, Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick B Garland, Lisa J Pino, US Department of Health and Human Services (Attachments: # 1 Certificate of Conference, # 2 Proposed Order) (Tomlinson, Martin) (Entered: 05/03/2022)

May 3, 2022

May 3, 2022

PACER
45

ORDER: Before the Court is Defendants' opposed Motion for Extension of Summary Judgment Briefing (ECF No. 44). Plaintiff State of Texas is ordered to respond by 11:59 p.m. (CDT) today, Wednesday, May 4, 2022. (Ordered by Judge Matthew J. Kacsmaryk on 5/4/2022) (djs) (Entered: 05/04/2022)

May 4, 2022

May 4, 2022

RECAP
46

RESPONSE filed by State of Texas re: 44 MOTION to Extend Time to file motion for summary judgment and administrative records, if any (Walters, Ryan) (Entered: 05/04/2022)

May 4, 2022

May 4, 2022

PACER
47

ORDER granting in part re: 44 Motion to Extend Time. (See Order for Deadlines) (Ordered by Judge Matthew J. Kacsmaryk on 5/5/2022) (nhp) (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

PACER
48

REPLY filed by Xavier Becerra, Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick B Garland, Lisa J Pino, US Department of Health and Human Services re: 37 MOTION to Dismiss First Amended Complaint (Tomlinson, Martin) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
49

NOTICE of Supplemental Authority re: 12 MOTION to Dismiss for Lack of Jurisdiction, 48 Reply, 37 MOTION to Dismiss First Amended Complaint, 42 Response/Objection, 18 Response/Objection filed by State of Texas (Attachments: # 1 Exhibit(s)) (Walters, Ryan) (Entered: 05/19/2022)

May 19, 2022

May 19, 2022

PACER
50

NOTICE of Supplemental Authority re: 12 MOTION to Dismiss for Lack of Jurisdiction, 48 Reply, 37 MOTION to Dismiss First Amended Complaint, 42 Response/Objection, 18 Response/Objection filed by State of Texas (Attachments: # 1 Exhibit(s)) (Walters, Ryan) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

PACER
51

Unopposed MOTION to Extend Time to file motion for summary judgment filed by Xavier Becerra, Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick B Garland, Lisa J Pino, US Department of Health and Human Services with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Tomlinson, Martin) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

PACER
52

ORDER granting 51 Motion to Extend Time. (See Order for Deadlines) (Ordered by Judge Matthew J. Kacsmaryk on 5/24/2022) (nhp) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
53

ORDER: The Court GRANTS IN PART and DENIES IN PART Defendants' Motions. The Court DISMISSES Count XI of the Amended Complaint. re: 37 Motion to Dismiss; 12 Motion to Dismiss for Lack of Jurisdiction. (Ordered by Judge Matthew J. Kacsmaryk on 5/26/2022) (vls) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

Clearinghouse
54

Motion for Extension of Time to File Answer Nunc Pro Tunc filed by Xavier Becerra, Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick B Garland, Lisa J Pino, US Department of Health and Human Services Attorney Christopher Robert Healy added to party Xavier Becerra(pty:dft), Attorney Christopher Robert Healy added to party Lisa J Pino(pty:dft), Attorney Christopher Robert Healy added to party US Department of Health and Human Services(pty:dft) (Healy, Christopher) (Entered: 06/14/2022)

June 14, 2022

June 14, 2022

PACER
55

ORDER granting 54 Motion for Extension of Time to File Answer. Defendants' deadline to file their answer is 14 days after the Court rules on the forthcoming cross-motions for summary judgment. (Ordered by Judge Matthew J. Kacsmaryk on 6/14/2022) (nht) (Entered: 06/14/2022)

June 14, 2022

June 14, 2022

PACER
56

MOTION for Summary Judgment filed by Xavier Becerra, Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick B Garland, Lisa J Pino, US Department of Health and Human Services (Attachments: # 1 Proposed Order) (Tomlinson, Martin) (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER
57

Brief/Memorandum in Support filed by Xavier Becerra, Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick B Garland, Lisa J Pino, US Department of Health and Human Services re 56 MOTION for Summary Judgment (Attachments: # 1 Declaration(s) Exhibit A - Declaration of Carol Miaskoff, # 2 Exhibit(s) Appendix) (Tomlinson, Martin) (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER
58

AMENDED DOCUMENT by US Department of Health and Human Services, Charlotte A. Burrows, Xavier Becerra, Equal Employment Opportunity Commission, Lisa J Pino, Merrick B Garland. Errata re: 57 Brief/Memorandum in Support. (Attachments: # 1 Amended Memorandum in Support of MSJ) (Healy, Christopher) Modified linkage on 6/23/2022 (awc). (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

PACER
59

Unopposed MOTION to Extend Time for Remaining Briefing Deadlines filed by State of Texas (Attachments: # 1 Proposed Order) (Walters, Ryan) (Entered: 06/29/2022)

June 29, 2022

June 29, 2022

PACER
60

ORDER denying 59 Motion to Extend Time. (Ordered by Judge Matthew J. Kacsmaryk on 7/1/2022) (nht) (Entered: 07/01/2022)

July 1, 2022

July 1, 2022

RECAP
61

Cross MOTION for Summary Judgment and Response in Opposition to Defendants' Motion for Summary Judgment filed by State of Texas (Attachments: # 1 Proposed Order) (Walters, Ryan) (Entered: 07/08/2022)

July 8, 2022

July 8, 2022

PACER
62

Brief/Memorandum in Support filed by State of Texas re 61 Cross MOTION for Summary Judgment and Response in Opposition to Defendants' Motion for Summary Judgment (Walters, Ryan) (Entered: 07/09/2022)

July 8, 2022

July 8, 2022

PACER
63

Appendix in Support filed by State of Texas re 62 Brief/Memorandum in Support of Motion (Attachments: # 1 Exhibit(s)) (Walters, Ryan) (Entered: 07/09/2022)

July 9, 2022

July 9, 2022

PACER
64

Appendix in Support filed by State of Texas re 62 Brief/Memorandum in Support of Motion (Attachments: # 1 Exhibit(s) Supp.App.) (Walters, Ryan) (Entered: 07/09/2022)

July 9, 2022

July 9, 2022

PACER
65

Appendix in Support filed by State of Texas re 62 Brief/Memorandum in Support of Motion (Attachments: # 1 Exhibit(s) 2Supp.App.) (Walters, Ryan) (Entered: 07/09/2022)

July 9, 2022

July 9, 2022

PACER
66

NOTICE of Supplemental Authority filed by Xavier Becerra, Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick B Garland, Lisa J Pino, US Department of Health and Human Services (Attachments: # 1 E.D. Tenn. Opinion and Order) (Tomlinson, Martin) (Entered: 07/18/2022)

July 18, 2022

July 18, 2022

PACER
67

RESPONSE filed by Xavier Becerra, Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick B Garland, Lisa J Pino, US Department of Health and Human Services re: 61 Cross MOTION for Summary Judgment and Response in Opposition to Defendants' Motion for Summary Judgment, 56 MOTION for Summary Judgment (Tomlinson, Martin) (Entered: 07/29/2022)

July 29, 2022

July 29, 2022

PACER
68

REPLY filed by State of Texas re: 61 Cross MOTION for Summary Judgment and Response in Opposition to Defendants' Motion for Summary Judgment (Walters, Ryan) (Entered: 08/20/2022)

Aug. 19, 2022

Aug. 19, 2022

PACER
69

NOTICE of Supplemental Authority re: 61 Cross MOTION for Summary Judgment and Response in Opposition to Defendants' Motion for Summary Judgment, 57 Brief/Memorandum in Support of Motion, 67 Response/Objection, 68 Reply, 66 Notice (Other), 56 MOTION for Summary Judgment, 62 Brief/Memorandum in Support of Motion filed by State of Texas (Attachments: # 1 Exhibit(s) A - Franciscan All., Inc. v. Becerra, # 2 Exhibit(s) B - Data Mktg. Pship, LP v. U.S. Dept of Lab., # 3 Exhibit(s) C - Texas v. Becerra, # 4 Exhibit(s) D - Rodriguez v. Brown, # 5 Exhibit(s) E - Naraine v. City of Hollywood) (Walters, Ryan) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
70

Joint MOTION for Leave to File Notices of Authority, Nunc Pro Tunc, and Reply to Plaintiffs' Notice of Authority filed by Xavier Becerra, Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick B Garland, Lisa J Pino, US Department of Health and Human Services with Brief/Memorandum in Support. (Healy, Christopher) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

PACER
71

ORDER granting 70 Motion for Leave to File. (Ordered by Judge Matthew J. Kacsmaryk on 9/14/2022) (nht) (Entered: 09/14/2022)

Sept. 14, 2022

Sept. 14, 2022

PACER
72

RESPONSE filed by Xavier Becerra, Charlotte A. Burrows, Equal Employment Opportunity Commission, Merrick B Garland, Lisa J Pino, US Department of Health and Human Services re: 69 Notice (Other),, (Healy, Christopher) (Entered: 09/21/2022)

Sept. 21, 2022

Sept. 21, 2022

PACER
73

MOTION for Leave to File Notice of Supplemental Authority filed by State of Texas with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Notice of Supplemental Authority, # 2 Exhibit(s) Exhibit A -West v. Radtke, F.4th, No. 20-1570, 2022 WL 4285722 (7th Cir. Sept. 16, 2022), # 3 Proposed Order) (Walters, Ryan) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

PACER
74

Memorandum Opinion and Order (Ordered by Judge Matthew J. Kacsmaryk on 10/1/2022) (vls) (Main Document 74 replaced with a text searchable doc on 10/3/2022) (ali). (Entered: 10/01/2022)

Oct. 1, 2022

Oct. 1, 2022

Clearinghouse
75

JUDGMENT (Ordered by Judge Matthew J. Kacsmaryk on 10/1/2022) (vls) (Entered: 10/01/2022)

Oct. 1, 2022

Oct. 1, 2022

Clearinghouse

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Public Benefits/Government Services

Key Dates

Filing Date: Sept. 20, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The State of Texas, in its capacity as an employer and a lawmaker on hospital and child abuse reporting policies

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Equal Employment Opportunity Commission, Federal

U.S. Department of Health and Human Services (HHS), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2022 - None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Bathing and hygiene

Bathrooms

Classification / placement

Disparate Treatment

Gay/lesbian/transgender

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-area:

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Gender identity

Medical/Mental Health:

Medical care, unspecified

EEOC-centric:

Direct Suit on Merits