Case: State of Texas v. Becerra

COMPLAINT against All Defendants filed by Texas Health and Human Services Commission (HHSC), State of Texas. (Filing fee $402; Receipt number 0539-12387017) Clerk to issue summons(es). 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 Cover Sheet) (White, Jeffrey) (Attachment 1 replaced with flattened document on 11/16/2021) (awc). (Entered: 11/15/2021)

1 Cover Sheet

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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by State of Texas, Texas Health and Human Services Commission (HHSC). (White, Jeffrey) (Main Document 2 replaced with flattened document on 11/16/2021) (awc). (Entered: 11/15/2021)

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: 11/16/2021)

Summons issued as to All Defendants, U.S. Attorney, and U.S. Attorney General. (awc) (Entered: 11/16/2021)

MOTION for Leave to File to Exceed Page Limit filed by State of Texas, Texas Health and Human Services Commission (HHSC) (Attachments: # 1 Proposed Order) (Wade, Landon) (Entered: 11/16/2021)

MOTION for Temporary Restraining Order and Preliminary Injunction filed by State of Texas, Texas Health and Human Services Commission (HHSC) (Attachments: # 1 Proposed Order) (Wade, Landon) (Entered: 11/16/2021)

1 Proposed Order

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Brief/Memorandum in Support filed by State of Texas, Texas Health and Human Services Commission (HHSC) re 6 MOTION for Temporary Restraining Order and Preliminary Injunction (Wade, Landon) (Entered: 11/16/2021)

Appendix in Support filed by State of Texas, Texas Health and Human Services Commission (HHSC) re 7 Brief/Memorandum in Support of Motion (Attachments: # 1 Appendix) (Wade, Landon) (Entered: 11/16/2021)

ORDER granting 5 Motion for Leave to File to Exceed Page Limit. (Ordered by Judge Matthew J. Kacsmaryk on 11/17/2021) (awc) (Entered: 11/17/2021)

NOTICE of Attorney Appearance by Joel McElvain on behalf of Xavier Becerra, Joseph R. Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America. (Filer confirms contact info in ECF is current.) (McElvain, Joel) (Entered: 11/17/2021)

STATUS REPORT filed by Xavier Becerra, Joseph R. Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America. (Attachments: # 1 Proposed Order) (McElvain, Joel) (Entered: 11/17/2021)

CORRECTED STATUS REPORT filed by Xavier Becerra, Joseph R. Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America. (McElvain, Joel) Modified title on 11/18/2021 (daa). (Entered: 11/17/2021)

ORDER: See Order for Specifics (Ordered by Judge Matthew J. Kacsmaryk on 11/17/2021) (vls) (Entered: 11/17/2021)

Unopposed Motion for Leave to File Amicus Brief filed by Kevin Brady, Michael Burgess, Dan Crenshaw, Jake Ellzey, Pat Fallon, Louie Gohmert, Ronnie L. Jackson, August Pfluger, Chip Roy, Pete Sessions, Roger Williams, Beth VanDuyne with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order). (Henneke, Robert) Modified text on 11/23/2021 (rekc). (Entered: 11/23/2021)

Brief/Memorandum in Support filed by Michael Brady, Michael Burgess, Dan Crenshaw, Jake Ellzey, Pat Fallon, Louie Gohmert, Ronnie L. Jackson, August Pfluger, Chip Roy, Pete Sessions, Beth VanDuyne, Roger Williams re 14 MOTION Unopposed Motion for Leave to File Amicus Brief (Henneke, Robert) (Entered: 11/23/2021)

SUMMONS Returned Executed as to Xavier Becerra ; served on 11/18/2021. (White, Jeffrey) (Entered: 11/23/2021)

MOTION Motion for Leave to File Amended Unopposed Amicus Brief filed by Kevin Brady, Michael Burgess, Dan Crenshaw, Jake Ellzey, Pat Fallon, Louie Gohmert, Ronnie L. Jackson, August Pfluger, Chip Roy, Pete Sessions, Beth VanDuyne, Roger Williams, Jodey Arrington (Attachments: # 1 Proposed Order)Attorney Robert Earl Henneke added to party Jodey Arrington(pty:am) (Henneke, Robert) (Entered: 11/23/2021)

1 Proposed Order

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SUMMONS Returned Executed as to Joseph R. Biden ; served on 11/18/2021. (White, Jeffrey) (Entered: 11/23/2021)

Brief/Memorandum in Support filed by Jodey Arrington, Kevin Brady, Michael Burgess, Dan Crenshaw, Jake Ellzey, Pat Fallon, Louie Gohmert, Ronnie L. Jackson, August Pfluger, Chip Roy, Pete Sessions, Beth VanDuyne, Roger Williams re 17 MOTION Motion for Leave to File Amended Unopposed Amicus Brief (Henneke, Robert) (Entered: 11/23/2021)

SUMMONS Returned Executed as to Chiquita Brooks-LaSure ; served on 11/18/2021. (White, Jeffrey) (Entered: 11/23/2021)

SUMMONS Returned Executed as to The Centers for Medicare & Medicaid Services ; served on 11/18/2021. (White, Jeffrey) (Entered: 11/23/2021)

SUMMONS Returned Executed as to Meena Seshamani ; served on 11/18/2021. (White, Jeffrey) (Entered: 11/23/2021)

SUMMONS Returned Executed as to Daniel Tsai ; served on 11/18/2021. (White, Jeffrey) (Entered: 11/23/2021)

SUMMONS Returned Executed as to United States of America ; served on 11/18/2021. (White, Jeffrey) (Entered: 11/23/2021)

NOTICE of Attorney Appearance by Jonathan D Kossak on behalf of Xavier Becerra, Joseph R. Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America. (Filer confirms contact info in ECF is current.) (Kossak, Jonathan) (Entered: 11/23/2021)

Unopposed MOTION for Leave to File Response in Excess of Page Limits filed by Xavier Becerra, Joseph R. Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Kossak, Jonathan) (Entered: 11/24/2021)

ORDER granting 17 Motion ; finding as moot 14 Motion. The Amended Amici Curiae Brief (ECF No. 19) is deemed filed as of November 23, 2021. (Ordered by Judge Matthew J. Kacsmaryk on 11/24/2021) (nhp) (Entered: 11/24/2021)

ORDER granting 26 Motion for Leave to File. (The requesting party must file the document with the clerk.) (Ordered by Judge Matthew J. Kacsmaryk on 11/24/2021) (nhp) (Entered: 11/24/2021)

NOTICE of Attorney Appearance by Michael Drezner on behalf of Xavier Becerra, Joseph R. Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America. (Filer confirms contact info in ECF is current.) (Drezner, Michael) (Entered: 11/26/2021)

Administrative Record Notice of Filing Administrative Record filed by Xavier Becerra, Joseph R. Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America. (Attachments: # 1 Exhibit(s) Certification and Index, # 2 Exhibit(s) Administrative Record part 1, # 3 Exhibit(s) Administrative Record part 2, # 4 Exhibit(s) Administrative Record part 3, # 5 Exhibit(s) Administrative Record part 4, # 6 Exhibit(s) Administrative Record part 5, # 7 Exhibit(s) Administrative Record part 6, # 8 Exhibit(s) Administrative Record part 7) (McElvain, Joel) Modified text on 11/29/2021 (nhp). (Entered: 11/28/2021)

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NOTICE of Attorney Appearance by Julie Straus Harris on behalf of Xavier Becerra, Joseph R. Biden, Chiquita Brooks-LaSure, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America. (Filer confirms contact info in ECF is current.) (Straus Harris, Julie) (Entered: 11/28/2021)

RESPONSE filed by Xavier Becerra, Joseph R. Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America re: 6 MOTION for Temporary Restraining Order and Preliminary Injunction (McElvain, Joel) (Entered: 11/28/2021)

Notice of Hearing: Preliminary Hearing RESET for 12/2/2021 @ 09:00 AM in US Courthouse, Courtroom 1st Floor, 205 S. E. 5th Ave., Amarillo, TX 79101-1559 before Judge Matthew J. Kacsmaryk. (vls) (Entered: 11/29/2021)

REPLY filed by State of Texas, Texas Health and Human Services Commission (HHSC) re: 6 MOTION for Temporary Restraining Order and Preliminary Injunction (Klusmann, Beth) (Entered: 11/30/2021)

MOTION to Stay Proceedings filed by Xavier Becerra, Joseph R. Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) W.D. La. Mem. Op., # 2 Exhibit(s) W.D. La. Order, # 3 Proposed Order) (Kossak, Jonathan) (Entered: 12/01/2021)

RESPONSE filed by State of Texas, Texas Health and Human Services Commission (HHSC) re: 35 MOTION to Stay Proceedings (Klusmann, Beth) (Entered: 12/01/2021)

NOTICE of New Authority filed by Xavier Becerra, Joseph R. Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America (Attachments: # 1 Exhibit(s) N.D. Fla. Order) (Kossak, Jonathan) (Entered: 12/01/2021)

ORDER - The Court DEFERS ruling on the 35 Motion to Stay until after the scheduled hearing on December 2, 2021 at 9:00 AM CST. (Ordered by Judge Matthew J. Kacsmaryk on 12/1/2021) (vls) (Entered: 12/01/2021)

NOTICE of Fifth Circuit Stay Proceedings filed by State of Texas, Texas Health and Human Services Commission (HHSC) (Attachments: # 1 Exhibit(s) Fifth Circuit Stay Motion) (Klusmann, Beth) (Entered: 12/02/2021)

ELECTRONIC Minute Entry for proceedings held before Judge Matthew J. Kacsmaryk: Preliminary Injunction Hearing held on 12/2/2021. Written Order to Follow. Attorney Appearances: Plaintiff - Cynthia Morales/Landon Wade; Defense - Jonathan D Kossak. (Court Reporter: Stacy Morrison) (Exhibits admitted) Time in Court - 2:00. (vls) (Entered: 12/03/2021)

ELECTRONIC ORDER: Defendants are ORDERED to file through counsel a notice to the Court outlining the actions Defendants have taken and intend to take to communicate to the affected providers and suppliers and to the general public of the preclusive effect on the CMS Vaccine Mandate of the Western District of Louisiana's preliminary injunction. Defendants shall file the notice on or before Friday, December 3, 2021, at 5:00 p.m. CST. (Ordered by Judge Matthew J. Kacsmaryk on 12/3/2021) (nhp) (Entered: 12/03/2021)

NOTICE of Publications filed by Xavier Becerra, Joseph R. Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America (Kossak, Jonathan) (Entered: 12/03/2021)

ORDER - The Court GRANTS the 35 Motion to Stay and ORDERS that the proceedings in this case be stayed pursuant to the conditions precedent set forth in this Order. (See Order for Specifics) (Ordered by Judge Matthew J. Kacsmaryk on 12/3/2021) (vls) (Main Document 43 replaced on 12/9/2021) (awc). (Entered: 12/03/2021)

Order Setting Deadline/Hearing

MOTION for Leave to File Amicus Brief filed by Texas Conservative Coalition with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s))Attorney Russell Henry Withers added to party Texas Conservative Coalition(pty:am) (Withers, Russell) (Entered: 12/08/2021)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12441289) filed by Texas Conservative Coalition (Attachments: # 1 Texas Bar Good Standing, # 2 Texas Supreme Court Good Standing) (Withers, Russell) (Entered: 12/08/2021)

ORDER granting 44 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Matthew J. Kacsmaryk on 12/8/2021) (nhp) (Entered: 12/08/2021)

AMICUS CURIAE Brief/Memorandum in Support filed by Texas Conservative Coalition re 1 Complaint. (nhp) (Entered: 12/08/2021)

ORDER granting 45 Application for Admission Pro Hac Vice of Russell Henry Withers. 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 Matthew J. Kacsmaryk on 12/9/2021) (daa) (Entered: 12/09/2021)

NOTICE of Fifth Circuit Stay Order filed by State of Texas, Texas Health and Human Services Commission (HHSC) (Attachments: # 1 Exhibit(s) Fifth Circuit Stay Order) (Klusmann, Beth) (Entered: 12/15/2021)

1 Exhibit(s) Fifth Circuit Stay Order

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NOTICE of New Authorities filed by Xavier Becerra, Joseph R Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America (Attachments: # 1 Exhibit(s) A) (Kossak, Jonathan) (Entered: 12/15/2021)

1 Exhibit(s) A

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ORDER: The Court ORDERS both parties to appear for an emergency telephonic hearing to adjudicate Plaintiffs' Motion for Preliminary Injunction on December 15, 2021 at 3:00 PM CST. The parties should be prepared to discuss the Fifth Circuits order in Louisiana v. Becerra (Ordered by Judge Matthew J. Kacsmaryk on 12/15/2021) (vls) (Entered: 12/15/2021)

ELECTRONIC Minute Entry for proceedings held before Judge Matthew J. Kacsmaryk: Telephone Conference held on 12/15/2021. Written Order to follow. Attorney Appearances: Plaintiff - Cynthia Morales/Landon Wade; Defense - Jonathan D Kossak. (Court Reporter: Stacy Morrison) (No exhibits) Time in Court - :30. (vls) (Entered: 12/15/2021)

Memorandum Opinion and Order (Ordered by Judge Matthew J. Kacsmaryk on 12/15/2021) (vls) (Entered: 12/15/2021)

SUMMONS Returned Executed as to United States Department of Health and Human Services ; served on 12/13/2021. (White, Jeffrey) (Entered: 12/17/2021)

ORDER: The Clerk of Court is directed to lift the stay and re-open thiscase for further proceedings. (See order for further specifics.) (Ordered by Judge Matthew J. Kacsmaryk on 12/28/2021) (awc) (Entered: 12/28/2021)

MOTION to Stay Further Proceedings filed by Xavier Becerra, Joseph R Biden, Chiquita Brooks-LaSure, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Kossak, Jonathan) (Entered: 01/04/2022)

1 Proposed Order

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RESPONSE filed by State of Texas, Texas Health and Human Services Commission (HHSC) re: 56 MOTION to Stay Further Proceedings (Wade, Landon) (Entered: 01/05/2022)

NOTICE of Withdrawal of Counsel Christina Cella filed by State of Texas (Morales, Cynthia) (Entered: 01/06/2022)

NOTICE OF INTERLOCUTORY APPEAL as to 53 Memorandum Opinion and Order to the Fifth Circuit by Xavier Becerra, Joseph R Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America. 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. (McElvain, Joel) (Entered: 01/14/2022)

MOTION to Stay re 53 Memorandum Opinion and Order Motion for a Stay of the Injunction Pending Appeal filed by Xavier Becerra, Joseph R Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America (Attachments: # 1 Proposed Order) (McElvain, Joel) (Entered: 01/14/2022)

1 Proposed Order

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USCA Case Number 22-10049 in USCA5 for 59 Notice of Appeal filed by The Centers for Medicare & Medicaid Services, United States of America, Joseph R Biden, Chiquita Brooks-LaSure, United States Department of Health and Human Services, Xavier Becerra, Daniel Tsai, Meena Seshamani. (awc) (Entered: 01/14/2022)

ORDER: The Court ORDERS Plaintiffs to respond to Defendants' Motion for Stay of Injunction on or before Tuesday, January 18, 2022, by 5:00 p.m. (CST). (Ordered by Judge Matthew J. Kacsmaryk on 1/14/2022) (vls) (Entered: 01/14/2022)

MOTION to Dismiss filed by State of Texas (Attachments: # 1 Proposed Order Motion to Dismiss) (Morales, Cynthia) (Entered: 01/18/2022)

1 Proposed Order Motion to Dismiss

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RESPONSE filed by State of Texas re: 60 MOTION to Stay re 53 Memorandum Opinion and Order Motion for a Stay of the Injunction Pending Appeal (Morales, Cynthia) (Entered: 01/18/2022)

REPLY filed by Xavier Becerra, Joseph R Biden, Chiquita Brooks-LaSure, Meena Seshamani, The Centers for Medicare & Medicaid Services, Daniel Tsai, United States Department of Health and Human Services, United States of America re: 63 MOTION to Dismiss, 60 MOTION to Stay re 53 Memorandum Opinion and Order Motion for a Stay of the Injunction Pending Appeal (McElvain, Joel) (Entered: 01/19/2022)

ORDER: Before the Court are Defendants' Motion to Stay Further Proceedings (ECF No. 56), Defendants' Motion for a Stay of the Injunction Pending Appeal (ECF No. 60), and Plaintiffs' Motion to Dismiss (ECF No. 63). Considering the U.S. Supreme Court's ruling in Biden v. Missouri, --- S.Ct. ---, Nos. 21A240 and 21A241, 2022 WL 120950 (U.S. Jan. 13, 2022), the Court finds that Plaintiffs' Motion to Dismiss should be and is hereby GRANTED. The Court dismisses the claims in this matter WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). The parties shall bear their own fees and costs related to this litigation. Accordingly, Defendants' Motion to Stay Further Proceedings and Motion for a Stay of the Injunction Pending Appeal are DISMISSED as moot. (Ordered by Judge Matthew J. Kacsmaryk on 1/19/2022) (awc) (Entered: 01/19/2022)

JUDGMENT: Of equal date herewith, the undersigned United States District Judge has entered an order GRANTING Plaintiffs' Motion to Dismiss WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2) (ECF No. 63) and DISMISSING as moot Defendants' Motion to Stay Further Proceedings (ECF No. 56) and Defendants' Motion for a Stay of the Injunction Pending Appeal (ECF No. 60). Judgment is rendered accordingly. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at Exhibit Guide). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Judge Matthew J. Kacsmaryk on 1/19/2022) (awc) (Entered: 01/19/2022)

ORDER of USCA as to 59 Notice of Appeal filed by The Centers for Medicare & Medicaid Services, United States of America, Joseph R Biden, Chiquita Brooks-LaSure, United States Department of Health and Human Services, Xavier Becerra, Daniel Tsai, Meena Seshamani. Under FED. R. APP. P. 42(B), the appeal is dismissed as of January 24, 2022, pursuant to appellants' motion. (awc) (Entered: 01/24/2022)

Exhibits destroyed (vls) (Entered: 07/05/2022)