Case: Neese v. Becerra

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)

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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)

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

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)

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

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)

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)

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)

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

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)

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)

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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)

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)

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)

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)

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)

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

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

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)

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

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)

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)

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)

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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)

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)

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

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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)

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)

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

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).

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)

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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)

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)

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

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)

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)

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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)

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

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

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)

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)

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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)

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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)

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

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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)

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

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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)

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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)

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)

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

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)

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)

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)

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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)

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

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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)

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

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)

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)

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)

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)

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

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

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

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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).

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 Plain tiffs' 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).

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)

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

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

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)

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

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)

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

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) (Entered: 02/16/2023)

Order of Dismissal or Administrative Closure

Judgment