Case: Deanda v. Becerra

2:20-cv-00092 | U.S. District Court for the Northern District of Texas

Filed Date: April 10, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about minors' confidential access to contraception through the federally-funded Title X program. On April 10, 2020, a parent filed this lawsuit in the Amarillo Division of the United States District Court for the Northern District of Texas before District Judge Matthew J. Kacsmaryk. The suit named as defendants the Secretary of Health and Human Services and the Deputy Assistant Secretary for Population Affairs for the United States. Represented by attorneys at The Filmore Law Fir…

This is a case about minors' confidential access to contraception through the federally-funded Title X program. On April 10, 2020, a parent filed this lawsuit in the Amarillo Division of the United States District Court for the Northern District of Texas before District Judge Matthew J. Kacsmaryk. The suit named as defendants the Secretary of Health and Human Services and the Deputy Assistant Secretary for Population Affairs for the United States. Represented by attorneys at The Filmore Law Firm, Mitchell Law, and Riney & Mayfield, the plaintiff sought declaratory relief, injunctive relief, and attorneys' fees. 

Plaintiff alleged that the federal government's administration of the Title X program subverted the constitutional and statutory rights granted under the Religious Freedom Restoration Act (RFRA) and violated Section 151.001(a)(6) of the Texas Family Code. Section 151.001(a)(6) provides parents the right to consent to various medical treatments of their child with some exceptions. Aside from the statutory exceptions, Texas law does not allow children to receive contraception without parental consent. The Title X program at issue funds projects that distribute contraception and family-planning services to minors without parental notification or consent. 

On June 19, 2020, the defendants filed a motion to dismiss for lack of standing and failure to state a claim. The motion to dismiss was denied on September 24, 2020. The court concluded that the plaintiff pled injuries-in-fact that were fairly traceable to defendants and redressable by the court, and that therefore, the plaintiff had standing. In particular, the alleged injuries were the federal violation of a state statutory right, the subversion of parental rights, the possibility that plaintiff's daughters would receive care without his consent, and that his daughters were at risk of contravening the religious instructions they received from their parents. The court also determined that the plaintiff pled "plausible factual content," and that thus, he stated a claim.

A few months later, on July 2, 2021, the defendants filed a motion for summary judgment. Plaintiff filed a cross-motion for summary judgment on July 23 and a motion for class certification on July 26. The July 26 motion listed two proposed classes: (1) all parents of minor children in the State of Texas and (2) all parents of minor children in the United States.

On February 15, 2022, the court denied plaintiff's motion for class certification without prejudice. The court concluded that the proposed classes were not ascertainable and were so broad that they would make notice and relief impossible for the court to enforce. In addition, the proposed classes also failed to meet the requirements of numerosity, commonality, typicality, and adequacy. Because of this decision, both motions for summary judgment were deemed moot. A month later, the plaintiff filed notice with the court that he would not file a renewed motion for class certification.

Plaintiff filed another motion for summary judgment on July 25, 2022. Defendants filed a cross motion for summary judgment on August 19, 2022. The court granted plaintiff's motion for summary judgment on December 8, 2022 and thereby denied defendants' cross-motion. As a threshold matter, the court concluded, on the theories previously described, that the plaintiff had standing. The court also concluded that the statute of limitations did not bar the plaintiff's claim. Reaching the merits, the court held that the Title X program conflicted with Texas state law and because there was no express, conflict, or field preemption within Title X, Texas state law was supreme. The court additionally held that the Title X program violated the Fourteenth Amendment constitutional right of parents to direct the upbringing of their children. 645 F.Supp.3d 600.

The court rendered its final judgment on December 20, 2022. While the judgment was largely consistent with the December 8 order, it did render judgment in favor of defendants on the claim that Title X violated the Religious Freedom Restoration Act. Notably, the December 8 order did not mention the RFRA claim at all. Also notable was that the final judgment partially vacated a federal regulation, promulgated after the lawsuit was filed, which forbid Title X grantees from notifying parents or obtaining their consent. 2022 WL 17843038.

On February 16, 2023, defendants filed an appeal to the United States Court of Appeals for the Fifth Circuit. Over a year later, on March 12, 2024, the Fifth Circuit affirmed in part and reversed in part. As a threshold matter, the Fifth Circuit agreed that the plaintiff had standing, because if Texas's law was preempted, the plaintiff's right to consent to his children's medical care which would be nullified, thus invading a sate-created right. The Fifth Circuit also agreed that Title X did not preempt Texas's law, because a grantee could comply with both laws and both laws shared similar goals of encouraging family participation in teens' receiving contraceptives. Because the court agreed on preemption, it did not reach the holding that Title X violated the plaintiff's constitutional right to direct his children's upbringing. The Fifth Circuit's lone point of contention was that the federal regulation should not have been vacated in the final judgment, because the regulation was not challenged by this lawsuit and the summary judgment order did not address the regulation's validity or preemptive force. Therefore, that part of the final judgment was reversed. 2024 WL 1059721.

The case is ongoing. 

Summary Authors

Rachel Fishman (3/18/2023)

Michelle Wolk (3/19/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18473749/parties/deanda-v-becerra/


Attorney for Plaintiff

Attorney, Charles William

Attorney for Defendant

Dixon, Courtney

Expert/Monitor/Master/Other

Attorney, Stephanie Toti,

Brody, Elizabeth A.

Bursch, John J.

show all people

Documents in the Clearinghouse

Document
1

2:20-cv-00092

Complaint - Class Action

Deanda v. Azar II

April 10, 2020

April 10, 2020

Complaint
45

2:20-cv-00092

Order

Feb. 15, 2022

Feb. 15, 2022

Order/Opinion
63

2:20-cv-00092

Opinion and Order

Dec. 8, 2022

Dec. 8, 2022

Order/Opinion

645 F.Supp.3d 645

67

2:20-cv-00092

Final Judgment

Dec. 20, 2022

Dec. 20, 2022

Order/Opinion

2022 WL 2022

23

2:20-cv-00092

Order

Deanda v. Azar

March 18, 2023

March 18, 2023

Order/Opinion
117-1

23-10159

Opinion

U.S. Court of Appeals for the Fifth Circuit

March 12, 2024

March 12, 2024

Order/Opinion

2024 WL 2024

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18473749/deanda-v-becerra/

Last updated March 19, 2024, 3:46 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by Alexander R. Deanda. (Filing fee $400; Receipt number 0539-10761023) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy 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 Exhibit(s), # 3 Cover Sheet) (Mitchell, Jonathan) (Attachment 3 replaced with flattened document on 7/27/2021) (awc). (Entered: 04/10/2020)

1 Exhibit(s)

View on PACER

2 Exhibit(s)

View on PACER

3 Cover Sheet

View on PACER

April 10, 2020

April 10, 2020

Clearinghouse
1

COMPLAINT against All Defendants filed by Alexander R. Deanda. (Filing fee $400; Receipt number 0539-10761023) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy 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 Exhibit(s), # 3 Cover Sheet) (Mitchell, Jonathan) (Attachment 3 replaced with flattened document on 7/27/2021) (awc). (Entered: 04/10/2020)

1 Exhibit(s)

View on PACER

2 Exhibit(s)

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3 Cover Sheet

View on PACER

April 10, 2020

April 10, 2020

RECAP
2

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Alexander R. Deanda. (Mitchell, Jonathan) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
2

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Alexander R. Deanda. (Mitchell, Jonathan) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
3

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: 04/10/2020)

April 10, 2020

April 10, 2020

RECAP
3

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: 04/10/2020)

April 10, 2020

April 10, 2020

RECAP
4

Summons issued as to All Defendants, U.S. Attorney, and U.S. Attorney General. (daa) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
4

Summons issued as to All Defendants, U.S. Attorney, and U.S. Attorney General. (daa) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
5

SUMMONS Returned Executed as to All Defendants. (Fillmore, H) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
5

SUMMONS Returned Executed as to All Defendants. (Fillmore, H) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
6

NOTICE of Attorney Appearance by Amber Justine Richer on behalf of Alex M. Azar II, Diane Foley, United States of America. (Filer confirms contact info in ECF is current.) (Richer, Amber) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
6

NOTICE of Attorney Appearance by Amber Justine Richer on behalf of Alex M. Azar II, Diane Foley, United States of America. (Filer confirms contact info in ECF is current.) (Richer, Amber) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
7

Unopposed MOTION to Extend Time to answer or otherwise respond to the Complaint filed by Alex M. Azar II, Diane Foley, United States of America (Richer, Amber) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
7

Unopposed MOTION to Extend Time to answer or otherwise respond to the Complaint filed by Alex M. Azar II, Diane Foley, United States of America (Richer, Amber) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
8

ORDER granting 7 Defendants' Unopposed Motion for Extension of Time. The Court GRANTS Defendants' request for an extension to file a pleading responsive to the Complaint but only extends the deadline five calendar days. The new filing deadline is Saturday, June 20, 2020. (Ordered by Judge Matthew J. Kacsmaryk on 6/11/2020) (daa) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
8

ORDER granting 7 Defendants' Unopposed Motion for Extension of Time. The Court GRANTS Defendants' request for an extension to file a pleading responsive to the Complaint but only extends the deadline five calendar days. The new filing deadline is Saturday, June 20, 2020. (Ordered by Judge Matthew J. Kacsmaryk on 6/11/2020) (daa) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
9

CERTIFICATE OF SERVICE by Alexander R. Deanda on DHH through General Counsel (Fillmore, H) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
9

CERTIFICATE OF SERVICE by Alexander R. Deanda on DHH through General Counsel (Fillmore, H) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
10

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Alex M. Azar II, Diane Foley, United States of America (Richer, Amber) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

RECAP
10

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Alex M. Azar II, Diane Foley, United States of America (Richer, Amber) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

RECAP
11

Brief/Memorandum in Support filed by Alex M. Azar II, Diane Foley, United States of America re 10 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Richer, Amber) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

RECAP
11

Brief/Memorandum in Support filed by Alex M. Azar II, Diane Foley, United States of America re 10 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Richer, Amber) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

RECAP
12

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Alex M. Azar II, Diane Foley, United States of America. (Richer, Amber) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
12

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Alex M. Azar II, Diane Foley, United States of America. (Richer, Amber) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
13

RESPONSE filed by Alexander R. Deanda re: 10 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Mitchell, Jonathan) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
13

RESPONSE filed by Alexander R. Deanda re: 10 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Mitchell, Jonathan) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
14

AMENDED RESPONSE filed by Alexander R. Deanda re: 10 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Mitchell, Jonathan) Modified title on 7/13/2020 (nhp). (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

RECAP
14

AMENDED RESPONSE filed by Alexander R. Deanda re: 10 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Mitchell, Jonathan) Modified title on 7/13/2020 (nhp). (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

RECAP
15

REPLY filed by Alex M. Azar II, Diane Foley, United States of America re: 10 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Richer, Amber) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
15

REPLY filed by Alex M. Azar II, Diane Foley, United States of America re: 10 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Richer, Amber) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
16

ORDER SETTING HEARING ON MATTERS OF JURISDICTION - The Court hereby ORDERS that the parties appear, in person, at the hearing on August 24, 2020 at 10:00 a.m. (CDT) at the J. Marvin Jones Federal Building and Mary Lou Robinson Courthouse, First Floor Courtroom, 205 S.E. 5th Ave, Amarillo, Texas. (Ordered by Judge Matthew J. Kacsmaryk on 8/6/2020) (vls) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
16

ORDER SETTING HEARING ON MATTERS OF JURISDICTION - The Court hereby ORDERS that the parties appear, in person, at the hearing on August 24, 2020 at 10:00 a.m. (CDT) at the J. Marvin Jones Federal Building and Mary Lou Robinson Courthouse, First Floor Courtroom, 205 S.E. 5th Ave, Amarillo, Texas. (Ordered by Judge Matthew J. Kacsmaryk on 8/6/2020) (vls) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
17

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11063515) filed by Alexander R. Deanda (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Proposed Order)Attorney Douglas Bryan Hughes added to party Alexander R. Deanda(pty:pla) (Hughes, Douglas) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
17

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11063515) filed by Alexander R. Deanda (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Proposed Order)Attorney Douglas Bryan Hughes added to party Alexander R. Deanda(pty:pla) (Hughes, Douglas) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
18

ORDER granting 17 Application for Admission Pro Hac Vice of Douglas Bryan Hughes. 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 8/11/2020) (daa) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
18

ORDER granting 17 Application for Admission Pro Hac Vice of Douglas Bryan Hughes. 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 8/11/2020) (daa) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
19

MOTION to hold hearing scheduled for August 24, 2020, over video or teleconference filed by Alexander R. Deanda (Attachments: # 1 Declaration(s), # 2 Declaration(s), # 3 Declaration(s)) (Mitchell, Jonathan) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
19

MOTION to hold hearing scheduled for August 24, 2020, over video or teleconference filed by Alexander R. Deanda (Attachments: # 1 Declaration(s), # 2 Declaration(s), # 3 Declaration(s)) (Mitchell, Jonathan) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
20

ORDER: The Court invokes its authority under Local Rule 83.1 and sua sponte applies the precautionary principle to ORDER that the hearing be rescheduled to start over videoconference on Friday, August 28, 2020 at 2:00 p.m. CDT. re: 19 MOTION to hold hearing scheduled for August 24, 2020, over video or teleconference (Ordered by Judge Matthew J. Kacsmaryk on 8/18/2020) (vls) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
20

ORDER: The Court invokes its authority under Local Rule 83.1 and sua sponte applies the precautionary principle to ORDER that the hearing be rescheduled to start over videoconference on Friday, August 28, 2020 at 2:00 p.m. CDT. re: 19 MOTION to hold hearing scheduled for August 24, 2020, over video or teleconference (Ordered by Judge Matthew J. Kacsmaryk on 8/18/2020) (vls) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
21

ELECTRONIC Minute Entry for proceedings held before Judge Matthew J. Kacsmaryk: VTC/Telephone Conference held on 8/28/2020. Written Order to follow. Attorney Appearances: Plaintiff - Jonathan F Mitchell; Defense - Amber Justine Richer. (Court Reporter: Stacy Morrison) (No exhibits) Time in Court - 2:47. (vls) (Entered: 09/04/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
21

ELECTRONIC Minute Entry for proceedings held before Judge Matthew J. Kacsmaryk: VTC/Telephone Conference held on 8/28/2020. Written Order to follow. Attorney Appearances: Plaintiff - Jonathan F Mitchell; Defense - Amber Justine Richer. (Court Reporter: Stacy Morrison) (No exhibits) Time in Court - 2:47. (vls) (Entered: 09/04/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
22

NOTICE of Change of Address for Attorney H Dustin Fillmore, III on behalf of Alexander R. Deanda. (Filer confirms contact info in ECF is current.) (Fillmore, H) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
22

NOTICE of Change of Address for Attorney H Dustin Fillmore, III on behalf of Alexander R. Deanda. (Filer confirms contact info in ECF is current.) (Fillmore, H) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
23

ORDER - The Court therefore DENIES Defendants' motion to dismiss the Complaint (ECF No. 1) under Rule 12(b)(l) of the Federal Rules of Civil Procedure. The Court also concludes Plaintiff has pleaded plausible statutory and constitutional claims. The Court therefore DENIES Defendants' motion to dismiss the Complaint (ECF No. 1) under Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Ordered by Judge Matthew J. Kacsmaryk on 9/24/2020) (vls) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

Clearinghouse
23

ORDER - The Court therefore DENIES Defendants' motion to dismiss the Complaint (ECF No. 1) under Rule 12(b)(l) of the Federal Rules of Civil Procedure. The Court also concludes Plaintiff has pleaded plausible statutory and constitutional claims. The Court therefore DENIES Defendants' motion to dismiss the Complaint (ECF No. 1) under Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Ordered by Judge Matthew J. Kacsmaryk on 9/24/2020) (vls) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

RECAP
24

ANSWER to 1 Complaint,,,, filed by Alex M. Azar II, Diane Foley, United States of America. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Richer, Amber) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
24

ANSWER to 1 Complaint,,,, filed by Alex M. Azar II, Diane Foley, United States of America. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Richer, Amber) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
25

SCHEDULING ORDER: Joinder of Parties due by 1/16/2021. Amended Pleadings due by 1/16/2021. Discovery due by 6/5/2021. Motions due by 7/5/2021. Deadline for mediation is on or before 5/6/2021. Pretrial Order due by 9/28/2021. Jury Trial set for 11/2/2021 09:00 AM in US Courthouse, Courtroom 1st Floor, 205 S. E. 5th Ave., Amarillo, TX 79101-1559 before Judge Matthew J. Kacsmaryk. Pretrial Conference set for 10/27/2021 01:30 PM in US Courthouse, Courtroom 1st Floor, 205 S. E. 5th Ave., Amarillo, TX 79101-1559 before Judge Matthew J. Kacsmaryk. (Ordered by Judge Matthew J. Kacsmaryk on 11/18/2020) (daa) (Entered: 11/18/2020)

Nov. 18, 2020

Nov. 18, 2020

PACER
25

SCHEDULING ORDER: Joinder of Parties due by 1/16/2021. Amended Pleadings due by 1/16/2021. Discovery due by 6/5/2021. Motions due by 7/5/2021. Deadline for mediation is on or before 5/6/2021. Pretrial Order due by 9/28/2021. Jury Trial set for 11/2/2021 09:00 AM in US Courthouse, Courtroom 1st Floor, 205 S. E. 5th Ave., Amarillo, TX 79101-1559 before Judge Matthew J. Kacsmaryk. Pretrial Conference set for 10/27/2021 01:30 PM in US Courthouse, Courtroom 1st Floor, 205 S. E. 5th Ave., Amarillo, TX 79101-1559 before Judge Matthew J. Kacsmaryk. (Ordered by Judge Matthew J. Kacsmaryk on 11/18/2020) (daa) (Entered: 11/18/2020)

Nov. 18, 2020

Nov. 18, 2020

PACER
26

MOTION for Summary Judgment filed by Alex M. Azar II, Diane Foley, United States of America (Richer, Amber) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

PACER
26

MOTION for Summary Judgment filed by Alex M. Azar II, Diane Foley, United States of America (Richer, Amber) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

PACER
27

Brief/Memorandum in Support filed by Alex M. Azar II, Diane Foley, United States of America re 26 MOTION for Summary Judgment (Richer, Amber) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

RECAP
27

Brief/Memorandum in Support filed by Alex M. Azar II, Diane Foley, United States of America re 26 MOTION for Summary Judgment (Richer, Amber) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

RECAP
28

MOTION to Set Briefing Schedule and Modify Scheduling Order filed by Alexander R. Deanda (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 07/05/2021)

July 5, 2021

July 5, 2021

PACER
28

MOTION to Set Briefing Schedule and Modify Scheduling Order filed by Alexander R. Deanda (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 07/05/2021)

July 5, 2021

July 5, 2021

PACER
29

ORDER granting 28 Joint Motion to Set Briefing Schedule and Modify Scheduling Order. (Ordered by Judge Matthew J. Kacsmaryk on 7/7/2021) (daa) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER
29

ORDER granting 28 Joint Motion to Set Briefing Schedule and Modify Scheduling Order. (Ordered by Judge Matthew J. Kacsmaryk on 7/7/2021) (daa) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER
30

CROSS-MOTION for Summary Judgment and RESPONSE to Defendant's Motion for Summary Judgment filed by Alexander R. Deanda with Brief/Memorandum in Support. (Mitchell, Jonathan) Modified title on 7/26/2021 (daa). (Entered: 07/23/2021)

July 23, 2021

July 23, 2021

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30

CROSS-MOTION for Summary Judgment and RESPONSE to Defendant's Motion for Summary Judgment filed by Alexander R. Deanda with Brief/Memorandum in Support. (Mitchell, Jonathan) Modified title on 7/26/2021 (daa). (Entered: 07/23/2021)

July 23, 2021

July 23, 2021

RECAP
31

Appendix in Support filed by Alexander R. Deanda re 30 MOTION for Summary Judgment and Response to Defendant's Motion for Summary Judgment (Declaration of Alexander R. Deanda) (Mitchell, Jonathan) (Entered: 07/24/2021)

July 24, 2021

July 24, 2021

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31

Appendix in Support filed by Alexander R. Deanda re 30 MOTION for Summary Judgment and Response to Defendant's Motion for Summary Judgment (Declaration of Alexander R. Deanda) (Mitchell, Jonathan) (Entered: 07/24/2021)

July 24, 2021

July 24, 2021

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32

MOTION to Certify Class filed by Alexander R. Deanda with Brief/Memorandum in Support. (Mitchell, Jonathan) (Entered: 07/26/2021)

July 26, 2021

July 26, 2021

PACER
32

MOTION to Certify Class filed by Alexander R. Deanda with Brief/Memorandum in Support. (Mitchell, Jonathan) (Entered: 07/26/2021)

July 26, 2021

July 26, 2021

PACER
33

Brief/Memorandum in Support filed by Alexander R. Deanda re 32 MOTION to Certify Class (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 07/26/2021)

July 26, 2021

July 26, 2021

PACER
33

Brief/Memorandum in Support filed by Alexander R. Deanda re 32 MOTION to Certify Class (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 07/26/2021)

July 26, 2021

July 26, 2021

PACER
34

RESPONSE filed by Xavier Becerra, Diane Foley, Jessica Swafford Marcella, United States of America re: 30 MOTION for Summary Judgment and Response to Defendant's Motion for Summary Judgment (Richer, Amber) (Entered: 08/13/2021)

Aug. 13, 2021

Aug. 13, 2021

PACER
34

RESPONSE filed by Xavier Becerra, Diane Foley, Jessica Swafford Marcella, United States of America re: 30 MOTION for Summary Judgment and Response to Defendant's Motion for Summary Judgment (Richer, Amber) (Entered: 08/13/2021)

Aug. 13, 2021

Aug. 13, 2021

PACER
35

COMBINED REPLY in Support and RESPONSE in Opposition filed by Xavier Becerra, Diane Foley, Jessica Swafford Marcella, United States of America re 34 Response 26 Motion for Summary Judgment 30 Cross-Motion for Summary Judgment (Richer, Amber) Modified title on 8/16/2021 (daa). (Entered: 08/13/2021)

Aug. 13, 2021

Aug. 13, 2021

PACER
35

COMBINED REPLY in Support and RESPONSE in Opposition filed by Xavier Becerra, Diane Foley, Jessica Swafford Marcella, United States of America re 34 Response 26 Motion for Summary Judgment 30 Cross-Motion for Summary Judgment (Richer, Amber) Modified title on 8/16/2021 (daa). (Entered: 08/13/2021)

Aug. 13, 2021

Aug. 13, 2021

PACER
36

RESPONSE filed by Xavier Becerra, Diane Foley, Jessica Swafford Marcella, United States of America re: 32 MOTION to Certify Class (Richer, Amber) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
36

RESPONSE filed by Xavier Becerra, Diane Foley, Jessica Swafford Marcella, United States of America re: 32 MOTION to Certify Class (Richer, Amber) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

PACER
37

Brief/Memorandum in Support filed by Xavier Becerra, Diane Foley, Jessica Swafford Marcella, United States of America re 36 Response/Objection Brief in Opposition to Motion for Class Certification (Richer, Amber) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

RECAP
37

Brief/Memorandum in Support filed by Xavier Becerra, Diane Foley, Jessica Swafford Marcella, United States of America re 36 Response/Objection Brief in Opposition to Motion for Class Certification (Richer, Amber) (Entered: 08/16/2021)

Aug. 16, 2021

Aug. 16, 2021

RECAP
38

MOTION for Extension of Time to File Response/Reply to 36 Response/Objection, 37 Brief/Memorandum in Support of Motion, 34 Response/Objection, 35 Brief/Memorandum in Support of Motion, filed by Alexander R. Deanda (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
38

MOTION for Extension of Time to File Response/Reply to 36 Response/Objection, 37 Brief/Memorandum in Support of Motion, 34 Response/Objection, 35 Brief/Memorandum in Support of Motion, filed by Alexander R. Deanda (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

PACER
39

ORDER granting 38 Plaintiff's Unopposed Motion to Extend Deadlines for Reply Briefs. Plaintiff shall file a reply brief in support of Plaintiff's cross-motion for summary judgment on or before September 10, 2021. Plaintiff shall file a reply brief in support of Plaintiff's motion for class certification on or before September 13, 2021. (Ordered by Judge Matthew J. Kacsmaryk on 8/23/2021) (daa) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
39

ORDER granting 38 Plaintiff's Unopposed Motion to Extend Deadlines for Reply Briefs. Plaintiff shall file a reply brief in support of Plaintiff's cross-motion for summary judgment on or before September 10, 2021. Plaintiff shall file a reply brief in support of Plaintiff's motion for class certification on or before September 13, 2021. (Ordered by Judge Matthew J. Kacsmaryk on 8/23/2021) (daa) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
40

REPLY filed by Alexander R. Deanda re: 30 MOTION for Summary Judgment and Response to Defendant's Motion for Summary Judgment (Mitchell, Jonathan) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
40

REPLY filed by Alexander R. Deanda re: 30 MOTION for Summary Judgment and Response to Defendant's Motion for Summary Judgment (Mitchell, Jonathan) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
41

REPLY filed by Alexander R. Deanda re: 32 MOTION to Certify Class (Mitchell, Jonathan) (Entered: 09/14/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
41

REPLY filed by Alexander R. Deanda re: 32 MOTION to Certify Class (Mitchell, Jonathan) (Entered: 09/14/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
42

Joint MOTION to Continue All Pretrial and Trial Deadlines Pending Resolution of Dispositive Motions filed by Alexander R. Deanda (Mitchell, Jonathan) Modified title on 9/28/2021 (daa). (Entered: 09/27/2021)

Sept. 27, 2021

Sept. 27, 2021

PACER
42

Joint MOTION to Continue All Pretrial and Trial Deadlines Pending Resolution of Dispositive Motions filed by Alexander R. Deanda (Mitchell, Jonathan) Modified title on 9/28/2021 (daa). (Entered: 09/27/2021)

Sept. 27, 2021

Sept. 27, 2021

PACER
43

ORDER granting 42 Joint Motion to Continue All Pretrial and Trial Deadlines Pending Resolution of Dispositive Motions. (Ordered by Judge Matthew J. Kacsmaryk on 9/28/2021) (daa) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER
43

ORDER granting 42 Joint Motion to Continue All Pretrial and Trial Deadlines Pending Resolution of Dispositive Motions. (Ordered by Judge Matthew J. Kacsmaryk on 9/28/2021) (daa) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER

Hearing/Deadline Modification: Deadlines/hearings terminated per 43 . (nhp)

Oct. 19, 2021

Oct. 19, 2021

PACER

Hearing/Deadline Modification: Deadlines/hearings terminated per 43 . (nhp)

Oct. 19, 2021

Oct. 19, 2021

PACER

Modify Hearings/Deadlines

Oct. 19, 2021

Oct. 19, 2021

PACER

Modify Hearings/Deadlines

Oct. 19, 2021

Oct. 19, 2021

PACER
44

NOTICE of Supplemental Authority filed by Xavier Becerra, Jessica Swafford Marcella, United States of America (Attachments: # 1 Final Rule) (Richer, Amber) (Entered: 10/20/2021)

1 Final Rule

View on PACER

Oct. 20, 2021

Oct. 20, 2021

PACER
44

NOTICE of Supplemental Authority filed by Xavier Becerra, Jessica Swafford Marcella, United States of America (Attachments: # 1 Final Rule) (Richer, Amber) (Entered: 10/20/2021)

1 Final Rule

View on PACER

Oct. 20, 2021

Oct. 20, 2021

PACER
45

ORDER: The Court Orders Plaintiffs Motion to Certify Class is DENIED WITHOUT PREJUDICE; The pending motions for summary judgment (ECF Nos. 26, 30) are MOOT; Plaintiff and Defendants may refile their respective motion for summary judgement in the event the case proceeds under a narrower class in the future; and Plaintiff may file an amended Motion to Certify Class on or before Tuesday, March 15, 2022, at 5:00 p.m. (CST), should he choose to do so. Motions terminated: 30 MOTION for Summary Judgment and Response to Defendant's Motion for Summary Judgment filed by Alexander R. Deanda, 26 MOTION for Summary Judgment filed by Diane Foley, Alex M. Azar II, United States of America. (Ordered by Judge Matthew J. Kacsmaryk on 2/15/2022) (vls) (Main Document 45 replaced on 2/15/2022) (vls). (Entered: 02/15/2022)

Feb. 15, 2022

Feb. 15, 2022

Clearinghouse
45

ORDER: The Court Orders Plaintiffs Motion to Certify Class is DENIED WITHOUT PREJUDICE; The pending motions for summary judgment (ECF Nos. 26, 30) are MOOT; Plaintiff and Defendants may refile their respective motion for summary judgement in the event the case proceeds under a narrower class in the future; and Plaintiff may file an amended Motion to Certify Class on or before Tuesday, March 15, 2022, at 5:00 p.m. (CST), should he choose to do so. Motions terminated: 30 MOTION for Summary Judgment and Response to Defendant's Motion for Summary Judgment filed by Alexander R. Deanda, 26 MOTION for Summary Judgment filed by Diane Foley, Alex M. Azar II, United States of America. (Ordered by Judge Matthew J. Kacsmaryk on 2/15/2022) (vls) (Main Document 45 replaced on 2/15/2022) (vls). (Entered: 02/15/2022)

Feb. 15, 2022

Feb. 15, 2022

RECAP
46

NOTICE of Decision Not to File a Renewed Motion for Class Certification filed by Alexander R. Deanda (Mitchell, Jonathan) (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

RECAP
46

NOTICE of Decision Not to File a Renewed Motion for Class Certification filed by Alexander R. Deanda (Mitchell, Jonathan) (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

RECAP
47

ORDER: The Court ORDERS parties to file a joint status report, detailing any further necessary proceedings in this case, on or before Wednesday, June 29, 2022. (Ordered by Judge Matthew J. Kacsmaryk on 6/21/2022) (daa) (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

RECAP
47

ORDER: The Court ORDERS parties to file a joint status report, detailing any further necessary proceedings in this case, on or before Wednesday, June 29, 2022. (Ordered by Judge Matthew J. Kacsmaryk on 6/21/2022) (daa) (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

RECAP
48

JOINT Status Report and MOTION to Set Briefing Schedule filed by Alexander R. Deanda. (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) Added event; modified title on 6/30/2022 (daa). (Entered: 06/29/2022)

1 Proposed Order

View on PACER

June 29, 2022

June 29, 2022

RECAP
48

JOINT Status Report and MOTION to Set Briefing Schedule filed by Alexander R. Deanda. (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) Added event; modified title on 6/30/2022 (daa). (Entered: 06/29/2022)

1 Proposed Order

View on PACER

June 29, 2022

June 29, 2022

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Reproductive Issues

Speech and Religious Freedom

Key Dates

Filing Date: April 10, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A father of three daughters under the age of 18 who wished to be informed if any of his children were accessing or attempting to access prescription contraception and other family-planning services without his consent.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

United States (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Federalism (including 10th Amendment)

Free Exercise Clause

Supremacy Clause

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Issues

General/Misc.:

Juveniles

Parents (visitation, involvement)

Medical/Mental Health Care:

Medical care, general

Reproductive rights:

Birth control restrictions

Contraception

Parental notification

Reproductive health care (including birth control, abortion, and others)