Case: State of Texas v. Equal Employment Opportunity Commission

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

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2 Cover Sheet

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

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

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)

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)

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

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

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

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)

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)

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)

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

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

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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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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

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

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

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)

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)

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)

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)

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)

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

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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