Case: Neese v. Becerra

2:21-cv-00163 | U.S. District Court for the Northern District of Texas

Filed Date: Aug. 25, 2021

Closed Date: Nov. 22, 2022

Clearinghouse coding complete

Case Summary

Section 1557 of the Affordable Care Act (ACA) prohibits sex discrimination in health programs or activities that receive federal financial assistance. On May 10, 2021, Secretary Becerra announced that HHS would interpret and enforce this provision to include gender identity and sexual orientation discrimination. On August 25, 2021 two doctors sued Secretary of Health and Human Services (HHS), Xavier Becerra, and the United States in the U.S.District Court for the Northern District of Texas to e…

Section 1557 of the Affordable Care Act (ACA) prohibits sex discrimination in health programs or activities that receive federal financial assistance. On May 10, 2021, Secretary Becerra announced that HHS would interpret and enforce this provision to include gender identity and sexual orientation discrimination. On August 25, 2021 two doctors sued Secretary of Health and Human Services (HHS), Xavier Becerra, and the United States in the U.S.District Court for the Northern District of Texas to enjoin the HHS' interpretation of sex discrimination to include discrimination on the basis of sexual orientation and gender identity. 

A third named plaintiff joined the case on November 23, 2021 in an amended complaint. All three plaintiffs were doctors employed by healthcare facilities receiving federal funding. Plaintiffs sought certification of a class of all healthcare providers subject to section 1557 of the Affordable Care Act. Plaintiffs argued that health-care providers can deny or withhold treatments sought by gay or transgender patients without engaging in "sex" discrimination and that HHS' interpretation of sex discrimination would harm plaintiffs as they would lose federal funds if they ever refused to provide gender-affirming care to a transgender patient even if doing so would violate their understanding of the Hippocratic Oath or ethical beliefs. 

On April 26, 2022 District Judge Matthew J. Kacsmaryk denied HHS' motion to dismiss. The Court found that Plaintiffs alleged sufficient facts to state a claim for relief and that Bostock v. Clayton County 140 S. Ct. 1731 (2020) (where the U.S. Supreme Court held that Title VII of the Civil Rights Act of 1964 applies to employees who are gay or transgender) left unresolved a question of law. The court found that the question of whether Bostock precluded or permitted discrimination on the basis of sexual orientation or identity if the healthcare provider would have acted in the same manner had the patient been a member of the opposite biological sex remained unanswered. 2022 WL 1265925.

The court granted class certification for all health-care providers subject to section 1557 of the ACA on October 14, 2022 after finding that the numerosity, typicality, commonality and adequacy of representation requirements were met. The court held that even if members of the class disagreed with the stated class injury, it would not defeat the adequacy of representation requirement. 342 F.R.D. 399.

On November 11, 2022, the court held that Bostock extended no further than Title VII claims and thus was inapplicable to plaintiffs' claim. Judge Kacsmaryk granted both plaintiffs' and HHS' motions for summary judgment in part but effectively found in favor of plaintiffs, and gave the parties until November 21, 2022 to propose final judgments. 2022 WL 16902425. On November 22, 2022, adopting much of plaintiffs' proposed language, the court held that plaintiffs have standing, HHS' notification of the interpretation of sex discrimination was not in accordance with law, and that Article 1557's prohibition on sex discrimination did not extend to discrimination on the basis of sexual orientation or identity. The court did not grant the injunctive relief sought by plaintiffs. 

Summary Authors

Anna Lennon (12/28/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60293208/parties/neese-v-becerra/


Judge(s)
Attorney for Plaintiff

Fillmore, Charles W (Texas)

Fillmore, H Dustin (Texas)

Hamilton, Gene Patrick (Texas)

Attorney for Defendant

Bokern-DOJ, Jordan Landrum (Texas)

Dodge, Christopher D (Texas)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

2:21-cv-00163

Complaint - Class Action

Aug. 25, 2021

Aug. 25, 2021

Complaint
11

2:21-cv-00163

First Amended Complaint - Class Action

Nov. 23, 2021

Nov. 23, 2021

Complaint
30

2:21-cv-00163

Opinion and Order

April 26, 2022

April 26, 2022

Order/Opinion

2022 WL 2022

65

2:21-cv-00163

Opinion and Order

Oct. 14, 2022

Oct. 14, 2022

Order/Opinion

342 F.R.D. 342

66

2:21-cv-00163

Opinion and Order

Nov. 11, 2022

Nov. 11, 2022

Order/Opinion

640 F.Supp.3d 640

70

2:21-cv-00163

Order

Nov. 22, 2022

Nov. 22, 2022

Order/Opinion
71

2:21-cv-00163

Final Judgment

Nov. 22, 2022

Nov. 22, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60293208/neese-v-becerra/

Last updated March 9, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Xavier Becerra, United States of America filed by Susan Neese, James Hurly. (Filing fee $402; Receipt number 0539-12167699) 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 Exhibit(s), # 2 Cover Sheet) (Mitchell, Jonathan) (Entered: 08/25/2021)

1 Exhibit(s)

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2 Cover Sheet

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Aug. 25, 2021

Aug. 25, 2021

Clearinghouse
2

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. (daa) (Entered: 08/26/2021)

Aug. 26, 2021

Aug. 26, 2021

PACER
3

Summons issued as to Xavier Becerra, United States of America, U.S. Attorney, and U.S. Attorney General. (daa) (Entered: 08/26/2021)

Aug. 26, 2021

Aug. 26, 2021

PACER
4

Magistrate Judge Reno has notified the clerk that if this case is later referred, she must recuse. Therefore, via the direction of Judge Matthew J. Kacsmaryk, Magistrate Judge D. Gordon Bryant has been selected for matters that may be later referred. (djs) (Entered: 08/26/2021)

Aug. 26, 2021

Aug. 26, 2021

PACER
5

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by James Hurly, Susan Neese. (Mitchell, Jonathan) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
6

Summons Returned Executed as to Xavier Becerra on 9/3/2021 ; United States of America on 9/3/2021, re: 1 Complaint. (Hamilton, Gene) Modified entry title on 9/17/2021 (daa). (Entered: 09/16/2021)

Sept. 16, 2021

Sept. 16, 2021

PACER
7

NOTICE of Attorney Appearance by Christopher D Dodge on behalf of Xavier Becerra, United States of America. (Filer confirms contact info in ECF is current.) (Dodge, Christopher) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

PACER
8

MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim filed by Xavier Becerra, United States of America with Brief/Memorandum in Support. (Dodge, Christopher) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

RECAP
9

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Xavier Becerra, United States of America. (Dodge, Christopher) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

PACER
10

NOTICE of Attorney Appearance by Brian Walters Stoltz-DOJ on behalf of Xavier Becerra, United States of America. (Filer confirms contact info in ECF is current.) (Stoltz-DOJ, Brian) (Entered: 11/03/2021)

Nov. 3, 2021

Nov. 3, 2021

PACER
11

AMENDED COMPLAINT (FIRST) against Xavier Becerra, United States of America filed by Susan Neese, James Hurly, Jeffrey Barke. 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)) (Mitchell, Jonathan) (Entered: 11/23/2021)

1 Exhibit(s)

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Nov. 23, 2021

Nov. 23, 2021

Clearinghouse
12

NOTICE of Attorney Appearance by Jordan Landrum Von Bokern-DOJ on behalf of Xavier Becerra, United States of America. (Filer confirms contact info in ECF is current.) (Von Bokern-DOJ, Jordan) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

PACER
13

Unopposed Motion for Extension of Time to File Answer filed by Xavier Becerra, United States of America (Von Bokern-DOJ, Jordan) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

PACER
14

MOTION Extension of Page Limit for Defendants' Motion to Dismiss filed by Xavier Becerra, United States of America (Von Bokern-DOJ, Jordan) (Entered: 12/13/2021)

Dec. 13, 2021

Dec. 13, 2021

PACER
15

ORDER granting 13 Motion for Extension of Time to File Answer; granting 14 Motion Extension of Page Limit. The Court ORDERS Defendants to file a brief in response to the Plaintiffs' First Amended Complaint (ECF No. 11) not to exceed 30 pages on or before December 14, 2021 at 5:00 p.m. CST. (Ordered by Judge Matthew J. Kacsmaryk on 12/14/2021) (awc) (Entered: 12/14/2021)

Dec. 14, 2021

Dec. 14, 2021

PACER
16

MOTION to Dismiss First Amended Complaint filed by Xavier Becerra, United States of America with Brief/Memorandum in Support. (Von Bokern-DOJ, Jordan) (Entered: 12/14/2021)

Dec. 14, 2021

Dec. 14, 2021

RECAP
17

RESPONSE filed by Jeffrey Barke, James Hurly, Susan Neese re: 16 MOTION to Dismiss First Amended Complaint (Mitchell, Jonathan) (Entered: 01/04/2022)

Jan. 4, 2022

Jan. 4, 2022

RECAP
18

MOTION for Extension of Page Limit for Defendants' Reply filed by Xavier Becerra, United States of America (Dodge, Christopher) (Entered: 01/13/2022)

Jan. 13, 2022

Jan. 13, 2022

PACER
19

ORDER granting 18 MOTION for Extension of Page Limit for Defendants' Reply (Ordered by Judge Matthew J. Kacsmaryk on 1/14/2022) (vls) (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

PACER
20

REPLY filed by Xavier Becerra, United States of America re: 16 MOTION to Dismiss First Amended Complaint (Dodge, Christopher) (Entered: 01/18/2022)

Jan. 18, 2022

Jan. 18, 2022

RECAP
21

ORDER denying as moot 8 Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim. (Ordered by Judge Matthew J. Kacsmaryk on 1/20/2022) (daa) (Entered: 01/21/2022)

Jan. 20, 2022

Jan. 20, 2022

RECAP
22

ORDER for Scheduling Order Proposal: If this case is not settled or otherwise resolved on or before March 1, 2022, the Joint Proposed Scheduling Order ("JPSO") due date, then the parties must submit a JPSO. Parties must submit the JPSO on or before March 1, 2022. (Ordered by Judge Matthew J. Kacsmaryk on 2/8/2022) (daa) (Entered: 02/08/2022)

Feb. 8, 2022

Feb. 8, 2022

PACER
23

Joint MOTION for Extension of Time to File Joint Proposed Scheduling Order filed by Jeffrey Barke, James Hurly, Susan Neese (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 03/01/2022)

March 1, 2022

March 1, 2022

PACER
24

ORDER granting 23 Joint Motion to Extend Deadline for Submitting Joint Proposed Scheduling Order. The Court ORDERS Plaintiffs and Defendants to file their joint proposed scheduling order 14 days after the Court rules on the pending Motion to Dismiss the First Amended Complaint (ECF No. 16). (Ordered by Judge Matthew J. Kacsmaryk on 3/2/2022) (daa) (Entered: 03/02/2022)

March 2, 2022

March 2, 2022

PACER
25

NOTICE of Attorney Appearance by Jeremy S B Newman on behalf of Xavier Becerra, United States of America. (Filer confirms contact info in ECF is current.) (Newman, Jeremy) (Entered: 03/16/2022)

March 16, 2022

March 16, 2022

PACER
26

Unopposed MOTION to Withdraw as Attorney filed by Xavier Becerra, United States of America (Attachments: # 1 Proposed Order) (Dodge, Christopher) (Entered: 03/16/2022)

1 Proposed Order

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March 16, 2022

March 16, 2022

PACER
27

ORDER granting 26 Defendants' Unopposed Motion to Withdraw as Attorney. Attorney Christopher D Dodge terminated. (Ordered by Judge Matthew J. Kacsmaryk on 3/17/2022) (daa) (Entered: 03/17/2022)

March 17, 2022

March 17, 2022

RECAP
28

NOTICE to the Court filed by Jeffrey Barke, James Hurly, Susan Neese (Attachments: # 1 Exhibit(s), # 2 Exhibit(s)) (Mitchell, Jonathan) Modified title on 4/5/2022 (daa). (Entered: 04/04/2022)

1 Exhibit(s)

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2 Exhibit(s)

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April 4, 2022

April 4, 2022

PACER
29

RESPONSE filed by Xavier Becerra, United States of America re: 28 Notice (Other) (Newman, Jeremy) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

RECAP
30

OPINION AND ORDER - The Court DENIES Defendants' 16 MOTION to Dismiss First Amended Complaint (Ordered by Judge Matthew J. Kacsmaryk on 4/26/2022) (vls) (Main Document 30 replaced on 4/27/2022) (ali). Replaced document with a text searchable doc on 4/27/2022 (ali). (Entered: 04/26/2022)

April 26, 2022

April 26, 2022

Clearinghouse
31

Unopposed MOTION to Withdraw as Attorney filed by Xavier Becerra, United States of America with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Von Bokern-DOJ, Jordan) (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

PACER
32

ORDER granting 31 Defendants' Unopposed Motion to Withdraw as Attorney. Attorney Jordan Landrum Von Bokern-DOJ terminated. (Ordered by Judge Matthew J. Kacsmaryk on 5/9/2022) (daa) (Entered: 05/09/2022)

May 9, 2022

May 9, 2022

PACER
33

ANSWER to 11 Amended Complaint,, filed by Xavier Becerra, 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. (Newman, Jeremy) (Entered: 05/10/2022)

May 10, 2022

May 10, 2022

RECAP
34

Proposal for contents of scheduling and discovery order by Jeffrey Barke, James Hurly, Susan Neese. (Mitchell, Jonathan) (Entered: 05/10/2022)

May 10, 2022

May 10, 2022

PACER
35

SCHEDULING ORDER: Joinder of Parties due by 5/27/2022. Amended Pleadings due by 5/27/2022. Discovery due by 7/29/2022. See Order for other deadlines. (Ordered by Judge Matthew J. Kacsmaryk on 5/11/2022) (daa) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

PACER
36

Unopposed MOTION to Amend/Correct 35 Scheduling Order filed by Jeffrey Barke, James Hurly, Susan Neese (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 05/14/2022)

May 14, 2022

May 14, 2022

PACER
37

ORDER granting 36 Motion to Amend/Correct 35 Scheduling Order. (Ordered by Judge Matthew J. Kacsmaryk on 5/16/2022) (vls) (Entered: 05/16/2022)

May 16, 2022

May 16, 2022

PACER
38

AMENDED SCHEDULING ORDER (Ordered by Judge Matthew J. Kacsmaryk on 5/16/2022) (vls) (Entered: 05/16/2022)

May 16, 2022

May 16, 2022

PACER
39

STIPULATION OF DISMISSAL of Plaintiff Jeffrey Barke, M.D. by Jeffrey Barke, James Hurly, Susan Neese. (Mitchell, Jonathan) (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

RECAP
40

NOTICE of Attorney Appearance by Christian D Stewart on behalf of Madison Kenyon, Maddie Dichiara, Chelsea Mitchell. (Filer confirms contact info in ECF is current.). Party Madison Kenyon, Maddie Dichiara, Chelsea Mitchell added. (Stewart, Christian) (Entered: 08/05/2022)

Aug. 5, 2022

Aug. 5, 2022

PACER
41

Unopposed MOTION for Leave to File Amici Curiae Brief of Three Female Athletes in Support of Plaintiffs filed by Maddie Dichiara, Madison Kenyon, Chelsea Mitchell (Attachments: # 1 Exhibit(s) Proposed Amici Curiae Brief of Three Female Athletes in Support of Plaintiffs, # 2 Proposed Order) (Stewart, Christian) (Entered: 08/05/2022)

Aug. 5, 2022

Aug. 5, 2022

PACER
42

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-13013165) filed by Maddie Dichiara, Madison Kenyon, Chelsea Mitchell (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order)Attorney Jonathan Scruggs added to party Maddie Dichiara(pty:am), Attorney Jonathan Scruggs added to party Madison Kenyon(pty:am), Attorney Jonathan Scruggs added to party Chelsea Mitchell(pty:am) (Scruggs, Jonathan) (Entered: 08/05/2022)

Aug. 5, 2022

Aug. 5, 2022

PACER
43

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-13013232) filed by Maddie Dichiara, Madison Kenyon, Chelsea Mitchell (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order)Attorney Rachel A Csutoros added to party Maddie Dichiara(pty:am), Attorney Rachel A Csutoros added to party Madison Kenyon(pty:am), Attorney Rachel A Csutoros added to party Chelsea Mitchell(pty:am) (Csutoros, Rachel) (Entered: 08/05/2022)

Aug. 5, 2022

Aug. 5, 2022

PACER
44

MOTION to Certify Class filed by James Hurly, Susan Neese (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 08/05/2022)

Aug. 5, 2022

Aug. 5, 2022

PACER
45

Brief/Memorandum in Support filed by James Hurly, Susan Neese re 44 MOTION to Certify Class (Attachments: # 1 Exhibit(s), # 2 Exhibit(s)) (Mitchell, Jonathan) (Entered: 08/05/2022)

1 Exhibit(s)

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2 Exhibit(s)

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Aug. 5, 2022

Aug. 5, 2022

RECAP
46

MOTION for Summary Judgment filed by James Hurly, Susan Neese (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 08/05/2022)

1 Proposed Order

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Aug. 5, 2022

Aug. 5, 2022

PACER
47

Brief/Memorandum in Support filed by James Hurly, Susan Neese re 46 MOTION for Summary Judgment (Attachments: # 1 Declaration(s), # 2 Declaration(s)) (Mitchell, Jonathan) (Entered: 08/05/2022)

1 Declaration(s)

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2 Declaration(s)

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Aug. 5, 2022

Aug. 5, 2022

PACER
48

NOTICE: The Court DIRECTS the United States District Clerk to terminate Plaintiff Jeffrey Barke. (Ordered by Judge Matthew J. Kacsmaryk on 8/8/2022) (daa) (Entered: 08/08/2022)

Aug. 8, 2022

Aug. 8, 2022

RECAP
49

ORDER granting 41 Unopposed Motion for Leave to File Amici Curiae Brief. (Ordered by Judge Matthew J. Kacsmaryk on 8/8/2022) (daa) (Entered: 08/08/2022)

Aug. 8, 2022

Aug. 8, 2022

PACER
50

AMICI CURIAE BRIEF filed by Maddie Dichiara, Madison Kenyon, Chelsea Mitchell (daa) (Entered: 08/08/2022)

Aug. 8, 2022

Aug. 8, 2022

RECAP
51

ORDER granting 42 Application for Admission Pro Hac Vice of Jonathan Scruggs. 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 8/8/2022) (daa) (Entered: 08/08/2022)

Aug. 8, 2022

Aug. 8, 2022

PACER
52

ORDER granting 43 Application for Admission Pro Hac Vice of Rachel A Csutoros. 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 8/8/2022) (daa) (Entered: 08/08/2022)

Aug. 8, 2022

Aug. 8, 2022

PACER
53

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-13019773) filed by Maddie Dichiara, Madison Kenyon, Chelsea Mitchell (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order)Attorney Johannes S Widmalm-Delphonse added to party Maddie Dichiara(pty:am), Attorney Johannes S Widmalm-Delphonse added to party Madison Kenyon(pty:am), Attorney Johannes S Widmalm-Delphonse added to party Chelsea Mitchell(pty:am) (Widmalm-Delphonse, Johannes) (Entered: 08/09/2022)

Aug. 9, 2022

Aug. 9, 2022

PACER
54

ORDER granting 53 Application for Admission Pro Hac Vice of Johannes S Widmalm-Delphonse. 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 8/9/2022) (daa) (Entered: 08/09/2022)

Aug. 9, 2022

Aug. 9, 2022

PACER
55

MOTION for Summary Judgment filed by Xavier Becerra, United States of America (Attachments: # 1 Proposed Order) (Newman, Jeremy) (Entered: 08/26/2022)

1 Proposed Order

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Aug. 26, 2022

Aug. 26, 2022

PACER
56

Brief/Memorandum in Support filed by Xavier Becerra, United States of America re 55 MOTION for Summary Judgment and in Opposition to Plaintiffs' Motion for Summary Judgment (Newman, Jeremy) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

RECAP
57

RESPONSE filed by Xavier Becerra, United States of America re: 44 MOTION to Certify Class (Newman, Jeremy) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

RECAP
58

Appendix in Support filed by Xavier Becerra, United States of America re 57 Response/Objection, 55 MOTION for Summary Judgment Part 1 of 3 - A1-A68 (Newman, Jeremy) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

PACER
59

Appendix in Support filed by Xavier Becerra, United States of America re 57 Response/Objection, 55 MOTION for Summary Judgment Part 2 of 3 - A69-185 (Newman, Jeremy) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

PACER
60

Appendix in Support filed by Xavier Becerra, United States of America re 57 Response/Objection, 55 MOTION for Summary Judgment Part 3 of 3 - A186-329 (Newman, Jeremy) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

PACER
61

REPLY filed by James Hurly, Susan Neese re: 44 MOTION to Certify Class (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Declaration(s)) (Mitchell, Jonathan) (Entered: 09/09/2022)

1 Exhibit(s)

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2 Exhibit(s)

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3 Exhibit(s)

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4 Exhibit(s)

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5 Declaration(s)

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Sept. 9, 2022

Sept. 9, 2022

PACER
62

REPLY filed by James Hurly, Susan Neese re: 46 MOTION for Summary Judgment (Mitchell, Jonathan) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

RECAP
63

REPLY filed by Xavier Becerra, United States of America re: 55 MOTION for Summary Judgment (Newman, Jeremy) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

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64

NOTICE of Supplemental Authority filed by James Hurly, Susan Neese (Attachments: # 1 Exhibit(s)) (Mitchell, Jonathan) (Entered: 10/08/2022)

1 Exhibit(s)

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Oct. 8, 2022

Oct. 8, 2022

RECAP
65

Memorandum Opinion and Order granting re: 44 MOTION to Certify Class filed by James Hurly, Susan Neese (Ordered by Judge Matthew J. Kacsmaryk on 10/14/2022) (vls) (Main Document 65 replaced with a text searchable doc on 10/16/2022) (ali). (Entered: 10/14/2022)

Oct. 14, 2022

Oct. 14, 2022

Clearinghouse
66

Memorandum Opinion and Order - The Court GRANTS IN PART Plaintiffs' Motion. The Court awards Plaintiffs' requested relief under the APA and DJA, excluding injunctive relief. The Court GRANTS IN PART Defendants' Motion and DENIES Plaintiffs' request for injunctive relief. The Court DENIES all other relief not expressly stated herein. The Court ORDERS parties to submit competing proposed judgments within 10 days of the date of this Opinion and Order. (Ordered by Judge Matthew J. Kacsmaryk on 11/11/2022) (vls) (Main Document 66 replaced with a text searchable doc on 11/12/2022) (ali). (Entered: 11/11/2022)

Nov. 11, 2022

Nov. 11, 2022

Clearinghouse
67

MOTION entry of class-certification order that complies with Rule 23 filed by James Hurly, Susan Neese (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 11/21/2022)

1 Proposed Order

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Nov. 21, 2022

Nov. 21, 2022

PACER
68

NOTICE of Defendants' Proposed Judgment filed by Xavier Becerra, United States of America (Stoltz-DOJ, Brian) (Entered: 11/21/2022)

Nov. 21, 2022

Nov. 21, 2022

RECAP
69

NOTICE of Plaintiffs' Proposed Final Judgment filed by James Hurly, Susan Neese (Mitchell, Jonathan) (Entered: 11/21/2022)

Nov. 21, 2022

Nov. 21, 2022

RECAP
70

ORDER: The Court certifies the following class under Federal Rule of Civil Procedure 23(b)(2): All health-care providers subject to Section 1557 of the Affordable Care Act ("ACA"). Plaintiffs Susan Neese and James Hurly are appointed class representatives. The Court appoints Jonathan F. Mitchell to serve as class counsel under Rule 23(g). (Ordered by Judge Matthew J. Kacsmaryk on 11/22/2022) (daa) (Entered: 11/22/2022)

Nov. 22, 2022

Nov. 22, 2022

Clearinghouse
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FINAL JUDGMENT. (Ordered by Judge Matthew J. Kacsmaryk on 11/22/2022) (daa) (Entered: 11/22/2022)

Nov. 22, 2022

Nov. 22, 2022

Clearinghouse
72

NOTICE OF APPEAL as to 66 Memorandum Opinion and Order,, 71 Judgment, 30 Memorandum Opinion and Order, to the Fifth Circuit by Xavier Becerra, 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. (Newman, Jeremy) (Entered: 01/20/2023)

Jan. 20, 2023

Jan. 20, 2023

RECAP

USCA Case Number 23-10078 in USCA5 for 72 Notice of Appeal, filed by Xavier Becerra, United States of America. (daa)

Jan. 30, 2023

Jan. 30, 2023

PACER
73

Record on Appeal for USCA5 23-10078 (related to [72] appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (daa)

Feb. 15, 2023

Feb. 15, 2023

PACER

Case Details

State / Territory: Texas

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Aug. 25, 2021

Closing Date: Nov. 22, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two doctors and a class of all healthcare providers subject to section 1557 of the Affordable Care Act.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Department of Health and Human Services, Federal

United States of America, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Available Documents:

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Issues

General/Misc.:

Access to public accommodations - governmental

Discrimination Basis:

Gender identity

Sexual orientation

Medical/Mental Health Care:

Medical care, general