Case: Deanda v. Becerra

Deanda v. Azar II

Deanda v. Azar

U.S. Court of Appeals for the Fifth Circuit

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

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

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)

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

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

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)

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)

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)

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

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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

Modify Hearings/Deadlines

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

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)

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

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)

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

ORDER, re: 48 Joint Status Report and Motion to Set Briefing Schedule. See Order for deadlines. (Ordered by Judge Matthew J. Kacsmaryk on 7/5/2022) (daa) (Entered: 07/05/2022)

MOTION for Summary Judgment filed by Alexander R. Deanda (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 07/25/2022)

1 Proposed Order

View on RECAP

Brief/Memorandum in Support filed by Alexander R. Deanda re 50 MOTION for Summary Judgment (Attachments: # 1 Exhibit(s)) (Mitchell, Jonathan) (Entered: 07/25/2022)

1 Exhibit(s)

View on RECAP

CROSS MOTION for Summary Judgment and Response filed by Xavier Becerra, Jessica Swafford Marcella, United States of America (Attachments: # 1 Proposed Order) (Richer, Amber) Modified title on 8/22/2022 (daa). (Entered: 08/19/2022)

Brief/Memorandum in Support filed by Xavier Becerra, Jessica Swafford Marcella, United States of America re 52 Cross MOTION for Summary Judgment and Response (Richer, Amber) (Entered: 08/19/2022)

** Duplicate Entry ** See ECF 52 . RESPONSE filed by Xavier Becerra, Jessica Swafford Marcella, United States of America re: 50 MOTION for Summary Judgment (Attachments: # 1 Proposed Order) (Richer, Amber) Duplicate entry confirmed by AUSA on 8/22/2022 (daa). (Entered: 08/19/2022)

** Duplicate Entry ** See ECF 53 . Brief/Memorandum in Support filed by Xavier Becerra, Jessica Swafford Marcella, United States of America re 50 MOTION for Summary Judgment, 54 Response/Objection Consolidated Brief in Support of Defendants' Cross Motion for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment (Richer, Amber) Duplicate entry confirmed by AUSA on 8/22/2022 (daa). (Entered: 08/19/2022)

NOTICE of Attorney Appearance by W Heath Hendricks on behalf of Alexander R. Deanda. (Filer confirms contact info in ECF is current.) (Hendricks, W) (Entered: 08/31/2022)

MOTION to Withdraw as Attorney filed by Alexander R. Deanda (Yarbrough, Alex) (Entered: 08/31/2022)

ORDER granting 57 Motion to Withdraw as Attorney. Attorney Alex Lee Yarbrough terminated (Ordered by Judge Matthew J. Kacsmaryk on 8/31/2022) (nht) (Entered: 08/31/2022)

Unopposed MOTION to Extend Time of deadline to file reply briefs filed by Alexander R. Deanda (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 09/09/2022)

ORDER granting 59 Plaintiff's Unopposed Motion to Extend Deadlines for Reply Briefs. Plaintiff shall file his reply brief in support of his motion for summary judgment and response to Defendant's cross-motion for summary judgment on or before September 30, 2022. Defendants shall file their reply brief in support of their cross-motion for summary judgement on or before October 28, 2022. (Ordered by Judge Matthew J. Kacsmaryk on 9/13/2022) (daa) (Entered: 09/13/2022)

REPLY filed by Alexander R. Deanda re: 52 Cross MOTION for Summary Judgment and Response, 50 MOTION for Summary Judgment (Mitchell, Jonathan) (Entered: 09/30/2022)

REPLY filed by Xavier Becerra, Jessica Swafford Marcella, United States of America re: 52 Cross MOTION for Summary Judgment and Response (Richer, Amber) (Entered: 10/28/2022)

OPINION AND ORDER granting 50 Motion for Summary Judgment filed by Alexander R. Deanda; denying 52 Cross Motion for Summary Judgment filed by Jessica Swafford Marcella, Xavier Becerra, United States of America. (Ordered by Judge Matthew J. Kacsmaryk on 12/8/2022) (daa)

NOTICE of Defendants' Proposed Judgment re: 63 Memorandum Opinion and Order, filed by Xavier Becerra, Jessica Swafford Marcella, United States of America (Attachments: # 1 Text of Proposed Judgment, # 2 Certificate of Service) (Richer, Amber) (Entered: 12/15/2022)

1 Text of Proposed Judgment

View on PACER

2 Certificate of Service

View on PACER

NOTICE of Plaintiff's Proposed Final Judgment filed by Alexander R. Deanda (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 12/15/2022)

1 Proposed Order

View on RECAP

OPPOSED MOTION to Strike 65 Notice of Plaintiff's Proposed Final Judgment filed by Xavier Becerra, Jessica Swafford Marcella, United States of America with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order, # 2 Certificate of Service) (Richer, Amber) Document re-opened ; title modified on 12/20/2022 (daa). (Entered: 12/20/2022)

1 Proposed Order

View on PACER

2 Certificate of Service

View on PACER

FINAL JUDGMENT (Ordered by Judge Matthew J. Kacsmaryk on 12/20/2022) (daa) (Entered: 12/20/2022)

ORDER: Before the Court is Defendants' Opposed Motion to Strike Notice of Plaintiff's Proposed Final Judgment ("Motion") (ECF No. 66), filed on December 20, 2022. The Court ORDERS Plaintiff to respond to the Motion on or before December 22, 2022. Defendants may file any reply on or before December 23, 2022. Based on parties' briefing, the Court will amend the Final Judgment, if necessary. re: 66 MOTION to Strike 65 Notice (Ordered by Judge Matthew J. Kacsmaryk on 12/20/2022) (daa) (Entered: 12/20/2022)

***Please Disregard - Per Attorney will Refile*** RESPONSE filed by Alexander R. Deanda re: 66 MOTION to Strike 65 Notice (Other) (Mitchell, Jonathan) Modified text on 12/23/2022 (sxf). (Entered: 12/22/2022)

RESPONSE filed by Alexander R. Deanda re: 66 MOTION to Strike 65 Notice (Other) (Mitchell, Jonathan) (Entered: 12/23/2022)

REPLY filed by Xavier Becerra, Jessica Swafford Marcella, United States of America re: 66 MOTION to Strike 65 Notice (Other) (Richer, Amber) (Entered: 12/23/2022)

ORDER denying 66 Motion to Strike. (Ordered by Judge Matthew J. Kacsmaryk on 1/4/2023) (nht) (Entered: 01/04/2023)

NOTICE OF APPEAL as to 67 Judgment to the Fifth Circuit by Xavier Becerra, Jessica Swafford Marcella, 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. (Richer, Amber) (Entered: 02/16/2023)

USCA Case Number 23-10159 in USCA5 for 73 Notice of Appeal, filed by Jessica Swafford Marcella, Xavier Becerra, United States of America. (nht) (Entered: 02/27/2023)

Record on Appeal for USCA5 23-10159 (related to 73 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. (nht) (Entered: 03/13/2023)

Opinion of USCA in accordance with USCA judgment re 73 Notice of Appeal, filed by Jessica Swafford Marcella, Xavier Becerra, United States of America. We AFFIRM the district court's final judgment declaring that the Secretary's administration of Title X violates Deanda's rights under section 151.001(a)(6) of the Texas Family Code and that "there is nothing in 42 U.S.C. § 300(a) that purports to preempt state laws requiring parental consent or notification before distributing contraceptive drugs or devices to minors." We REVERSE the district court's final judgment to the extent it holds unlawful and sets aside the second sentence of 42 C.F.R. § 59.10(b) under § 706(2) of the APA. AFFIRMED in part, REVERSED in part, and RENDERED. (cmk) (Entered: 05/06/2024)

JUDGMENT/MANDATE of USCA as to 73 Notice of Appeal, filed by Jessica Swafford Marcella, Xavier Becerra, United States of America. IT IS ORDERED and ADJUDGED that the judgment of the District Court is AFFIRMED IN PART, REVERSED IN PART, and RENDERED. (Attachments: # 1 USCA5 Letter) (cmk) (Entered: 05/06/2024)