Case: United States of America v. Planned Parenthood Federation of America Inc.

2:21-CV-00022 | U.S. District Court for the Northern District of Texas

Filed Date: Feb. 5, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 5, 2021 an anonymous plaintiff, “Relator Alex Doe,” brought this civil fraud action on behalf of the United States, Texas, and Louisiana against Planned Parenthood Federation of America, Inc., and other Planned Parenthood affiliates in the U.S. District Court for the Northern District of Texas Amarillo Division. The plaintiff sought to recover damages and civil penalties they alleged were owed to the United States, Texas, and Louisiana as a result of Planned Parenthood having presen…

On February 5, 2021 an anonymous plaintiff, “Relator Alex Doe,” brought this civil fraud action on behalf of the United States, Texas, and Louisiana against Planned Parenthood Federation of America, Inc., and other Planned Parenthood affiliates in the U.S. District Court for the Northern District of Texas Amarillo Division. The plaintiff sought to recover damages and civil penalties they alleged were owed to the United States, Texas, and Louisiana as a result of Planned Parenthood having presented “false or fraudulent claims for payment of approval under the Medicaid program, and having concealed or improperly avoided an obligation to repay money wrongfully obtained under the Medicaid program.” The plaintiff claimed to have conducted an undercover journalistic investigation, which allegedly revealed this information. The plaintiff contended that Planned Parenthood had engaged in a pattern or practice of submitting false or fraudulent claims for payment or approval under the Medicaid program while failing to meet several material conditions for payment. 

The complaint alleged violations of the False Claims Act (“FCA”), Texas Medicaid Fraud Prevention Act (“TMFPA”), and the Louisiana Medical Assistance Programs Integrity Law (“LMAPIL”). The case was assigned to Judge Matthew J. Kacsmaryk. On November 1, 2021, Texas notified the Court of its decision to intervene in the suit. Texas filed a complaint in intervention on January 6, 2022. 

Planned Parenthood moved to dismiss the case on February 14, 2022. On April 29, 2022, the court partially granted the motion to dismiss, dismissing the relator-plaintiff’s claim of federal conspiracy to commit health-care fraud but leaving the other claims intact. Planned Parenthood filed a motion for reconsideration, which the court denied on July 13, 2022. 

Following a lengthy discovery process, the parties cross-moved for summary judgment on January 6, 2023. 

On January 17, 2023, the court ordered the plaintiffs to submit a brief on the applicability of United States ex rel. Proctor v. Safeway, Inc., a case in which the U.S. Court of Appeals for the Seventh Circuit held in 2022 that an FCA defendant “does not act with reckless disregard as long as its interpretation of the relevant statute or regulation was objectively reasonable and no authoritative guidance warned the defendant away from that interpretation.” 

On February 1, 2023, the plaintiffs moved to stay the litigation pending the U.S. Supreme Court’s resolution of both United States ex rel. Proctor v. Safeway, Inc. and U.S. ex rel. Schutte v. Supervalu Inc., another FCA case. On February 23, 2023, the court granted the motion to stay  pending the Supreme Court’s resolution of those cases. 

The court lifted the stay on June 16, 2023, because U.S. ex rel. Schutte v. SuperValu Inc., 9 F.4th 455 (7th Cir. 2021), had been resolved. The parties re-filed the pending summary judgment motions they had filed before the court stayed the litigation. 

The court heard oral argument on the summary judgment motions on August 15, 2023.

On September 1, 2023, Planned Parenthood filed a motion for judgment on the pleadings. The plaintiffs moved to strike this motion as untimely on September 6, 2023.

The court issued a scheduling order on October 23, 2023, which set a trial date for April 16, 2024.

On November 20, 2023, Planned Parenthood filed a notice of interlocutory appeal of the court’s October 23 scheduling order to the U.S. Court of Appeals for the Fifth Circuit. One week later, Planned Parenthood filed a motion contending that the attorney immunity it asserted was a “true immunity from suit,” and because all the remaining claims against Planned Parenthood turned on allegations of attorney advice, the appeal divested the court of jurisdiction. The court did not stay the proceedings pending appeal, but ordered the parties to expedite briefing on November 30, 2023.

On December 18, 2023, the relator-plaintiff moved to certify the appeal as frivolous.

The case is ongoing as of December 26, 2023.

Summary Authors

Nina Leeds (4/15/2023)

Sophia Acker (12/26/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/62341481/parties/united-states-of-america-v-planned-parenthood-federation-of-america-inc/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Ashby, Danny S (Texas)

Asner, Marcus (Texas)

Bloom, Craig P (Texas)

Born, Jayce Lane (Texas)

Expert/Monitor/Master/Other

Brissenden, Reynolds B (Texas)

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Documents in the Clearinghouse

Document
2

2:21-CV-00022

Complaint for Damages Under the Federal False Claims Act and Various State False Claims Acts

United States of America v. Planned Parenthood Federation of America, Inc.

Feb. 5, 2021

Feb. 5, 2021

Complaint
22

2:21-CV-00022

State of Texas's Complaint in Intervention

Jan. 6, 2022

Jan. 6, 2022

Complaint
71

2:21-CV-00022

Opinion and Order

April 29, 2022

April 29, 2022

Order/Opinion
446

2:21-CV-00022

Order

Feb. 23, 2023

Feb. 23, 2023

Order/Opinion

2023 WL 2023

458

2:21-CV-00022

Order

June 16, 2023

June 16, 2023

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/62341481/united-states-of-america-v-planned-parenthood-federation-of-america-inc/

Last updated March 17, 2024, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Reno). Clerk to provide copy to plaintiff if not received electronically. (awc) Modified - copy mailed to plaintiffs' attorney on 2/8/2021 (awc). (Entered: 02/08/2021)

Feb. 5, 2021

Feb. 5, 2021

PACER
2

COMPLAINT against Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc filed by The State of Louisiana, The State of Texas, United States of America. (Filing fee $402.00; Receipt number AM010455) 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. (awc) (Entered: 02/08/2021)

Feb. 5, 2021

Feb. 5, 2021

Clearinghouse
3

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Alex Doe. (daa) (Entered: 03/01/2021)

Feb. 24, 2021

Feb. 24, 2021

PACER
4

MOTION for Leave to Proceed without Local Counsel filed by Alex Doe (Attachments: # 1 Proposed Order) (daa) (Entered: 03/02/2021)

Feb. 24, 2021

Feb. 24, 2021

PACER
5

Request for Clerk to issue Summons filed by Alex Doe. (daa) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

PACER
6

Summons issued as to United States of America - U.S. Attorney, U.S. Attorney General. Document electronically mailed to requestor. (daa) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

PACER
7

Summons Issued as to The State of Louisiana, The State of Texas. Document electronically mailed to requestor. (daa) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

PACER
8

SUMMONS Returned Executed as to The State of Louisiana ; served on 3/8/2021; The State of Texas ; served on 3/5/2021; United States of America ; served on 3/8/2021. (daa) (Entered: 03/16/2021)

March 16, 2021

March 16, 2021

PACER
11

(Document Restricted) Sealed Order re: 4 MOTION for Leave to Proceed without Local Counsel (Ordered by Judge Matthew J. Kacsmaryk on 4/16/2021) (vls) (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER
13

USA's Unopposed Ex Parte Application for Extension of Time to Determine Whether to Intervene in Sealed Case filed by United States of America (Attachments: # 1 Proposed Order) (vls) (Entered: 05/05/2021)

May 4, 2021

May 4, 2021

PACER
14

Ex Parte Brief/Memorandum in Support re: 13 Sealed and/or Ex Parte Motion filed by United States of America (vls) (Entered: 05/05/2021)

May 4, 2021

May 4, 2021

PACER
15

(Document Restricted) Sealed ORDER granting sealed and/or ex parte motion 13 . (Ordered by Judge Matthew J. Kacsmaryk on 5/11/2021) (daa) (Entered: 05/11/2021)

May 11, 2021

May 11, 2021

PACER
16

(Document Restricted) Sealed Notice of Election to Intervene filed by The State of Texas (Attachments: # 1 Proposed Order) (daa) (Entered: 11/01/2021)

Nov. 1, 2021

Nov. 1, 2021

PACER
17

(Document Restricted) Request for Issuance of Summons filed by Alex Doe. (daa) (Entered: 11/04/2021)

Nov. 3, 2021

Nov. 3, 2021

PACER
18

(Document Restricted) Sealed Declination Notice filed by United States of America (Attachments: # 1 Proposed Order) (daa) (Entered: 11/04/2021)

Nov. 3, 2021

Nov. 3, 2021

PACER
19

ORDER: Telephone Status Conference set for 11/5/2021 03:00 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 11/4/2021) (daa) (Entered: 11/04/2021)

Nov. 4, 2021

Nov. 4, 2021

PACER
20

ELECTRONIC Minute Entry for proceedings held before Judge Matthew J. Kacsmaryk: Status Conference held via teleconference on 11/5/2021. Written Order to follow. (Court Reporter: Stacy Morrison) (No exhibits) Time in Court - :32. (vls) (Entered: 11/08/2021)

Nov. 5, 2021

Nov. 5, 2021

PACER
21

SEALED ORDER - See Order for Specifics (Ordered by Judge Matthew J. Kacsmaryk on 11/8/2021) (vls) (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

PACER
22

INTERVENOR COMPLAINT against Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc filed by The State of Texas. 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) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3) (daa) (Entered: 01/06/2022)

Jan. 6, 2022

Jan. 6, 2022

Clearinghouse
25

Request for Clerk to issue Summons filed by Alex Doe. (daa) (Entered: 01/12/2022)

Jan. 6, 2022

Jan. 6, 2022

PACER
23

(Document Restricted) Sealed Order (Ordered by Judge Matthew J. Kacsmaryk on 1/10/2022) (vls) (Entered: 01/10/2022)

Jan. 10, 2022

Jan. 10, 2022

PACER
24

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by The State of Texas. (daa) (Entered: 01/11/2022)

Jan. 11, 2022

Jan. 11, 2022

PACER
26

JOINT Advisory Regarding Unsealing filed by Alex Doe, The State of Texas, United States of America, re: 23 Sealed and/or Ex Parte Order. (daa) (Entered: 01/12/2022)

Jan. 11, 2022

Jan. 11, 2022

RECAP
27

ORDER to Unseal Case. (Ordered by Judge Matthew J. Kacsmaryk on 1/12/2022) (daa) (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

PACER
28

Summons Issued as to Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc. (daa) (Main Document 28 replaced on 1/12/2022) (daa). (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

PACER
29

Request for Clerk to issue Summons filed by The State of Texas. (Winter, Raymond) (Entered: 01/13/2022)

Jan. 13, 2022

Jan. 13, 2022

PACER
30

Summons Issued as to Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc. (nhp) (Entered: 01/13/2022)

Jan. 13, 2022

Jan. 13, 2022

PACER
31

*DUPLICATE ENTRY* See ECF 30 . Summons Issued as to Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc. (daa) Modified text on 1/13/2022 (daa). (Entered: 01/13/2022)

Jan. 13, 2022

Jan. 13, 2022

PACER
32

SUMMONS Returned Executed as to All Defendants. (Stephens, Andrew) (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

PACER
33

SUMMONS Returned Executed as to All Defendants. (Winter, Raymond) (Entered: 01/26/2022)

Jan. 26, 2022

Jan. 26, 2022

PACER
34

NOTICE of Attorney Appearance by Christopher Mohr Odell for Craig D. Margolis, Tirzah Lollar, Murad Hussain on behalf of Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc. (Odell, Christopher) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

PACER
35

Motion for Extension of Time to File Answer to Relators Complaint for Damages and the State of Texas's Complaint in Intervention filed by Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc (Attachments: # 1 Proposed Order) (Odell, Christopher) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

PACER
36

Appendix in Support filed by Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc re 35 Motion for Extension of Time to File Answer to Relators Complaint for Damages and the State of Texas's Complaint in Intervention (Odell, Christopher) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

PACER
37

NOTICE of Attorney Appearance by Ryan Patrick Brown on behalf of Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc. (Filer confirms contact info in ECF is current.) (Brown, Ryan) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
38

RESPONSE filed by Alex Doe, The State of Louisiana, The State of Texas, United States of America re: 35 Motion for Extension of Time to File Answer to Relators Complaint for Damages and the State of Texas's Complaint in Intervention (Stephens, Andrew) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
39

REPLY filed by Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc re: 35 Motion for Extension of Time to File Answer to Relators Complaint for Damages and the State of Texas's Complaint in Intervention (Attachments: # 1 Proposed Order) (Odell, Christopher) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

PACER
40

ORDER granting in part and denying in part 35 Motion for Extension of Time to File Answer. Defendants' deadline to answer or respond to Plaintiffs' complaints is tomorrow, February 3, 2022. The Court ORDERS Defendants to answer or otherwise respond to Relator's Complaint (ECF No. 2) and Intervenor's Complaint (ECF No. 22) on or before February 14, 2022, at 5:00 p.m. (CST). (Ordered by Judge Matthew J. Kacsmaryk on 2/2/2022) (nhp) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

PACER
41

JOINT MOTION to Exceed Page Limits filed by Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc (Attachments: # 1 Proposed Order) (Odell, Christopher) Modified title on 2/10/2022 (daa). (Entered: 02/09/2022)

Feb. 9, 2022

Feb. 9, 2022

PACER
42

ORDER granting 41 Defendant's Joint Motion to Exceed Page Limits. (Ordered by Judge Matthew J. Kacsmaryk on 2/9/2022) (daa) (Entered: 02/10/2022)

Feb. 9, 2022

Feb. 9, 2022

PACER
43

ORDER for Scheduling Order Proposal: If this case is not settled or otherwise resolved on or before March 2, 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 2, 2022. (Ordered by Judge Matthew J. Kacsmaryk on 2/9/2022) (daa) (Entered: 02/10/2022)

Feb. 9, 2022

Feb. 9, 2022

PACER
44

MOTION to Dismiss Complaints of Relator and State of Texas For Improper Service of Process filed by Planned Parenthood Federation of America Inc (Odell, Christopher) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
45

Brief/Memorandum in Support filed by Planned Parenthood Federation of America Inc re 44 MOTION to Dismiss Complaints of Relator and State of Texas For Improper Service of Process (Attachments: # 1 Ex. A - Gage Declaration, # 2 Ex. B - PPFA Affidavit of Service, # 3 Proposed Order) (Odell, Christopher) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
46

MOTION to Dismiss Complaints of Relator and State of Texas for Improper Service of Process filed by Planned Parenthood of Greater Texas Inc (Odell, Christopher) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
47

Brief/Memorandum in Support filed by Planned Parenthood of Greater Texas Inc re 46 MOTION to Dismiss Complaints of Relator and State of Texas for Improper Service of Process (Attachments: # 1 Ex. A - Holder Declaration, # 2 Ex. B - Townsend Declaration, # 3 Ex. C - PPGT Affidavit of Service, # 4 Proposed Order) (Odell, Christopher) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
48

MOTION to Dismiss Relator's Complaint filed by Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc (Odell, Christopher) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
49

Brief/Memorandum in Support filed by Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc re 48 MOTION to Dismiss Relator's Complaint (Attachments: # 1 Ex. A, # 2 Proposed Order) (Odell, Christopher) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
50

COMBINED MOTION to Dismiss the State of Texas' Complaint in Intervention filed by Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc (Odell, Christopher) Modified title on 2/15/2022 (daa). (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
51

Brief/Memorandum in Support filed by Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc re 50 MOTION to Dismiss The State of Texas' Complaint in Intervention (Attachments: # 1 Ex. A, # 2 Ex. B, # 3 Ex. C, # 4 Ex. D, # 5 Proposed Order) (Odell, Christopher) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
52

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc. (Odell, Christopher) (Entered: 02/25/2022)

Feb. 25, 2022

Feb. 25, 2022

PACER
53

MOTION for Extension of Time to File Response/Reply to 46 MOTION to Dismiss Complaints of Relator and State of Texas for Improper Service of Process, 48 MOTION to Dismiss Relator's Complaint, 44 MOTION to Dismiss Complaints of Relator and State of Texas For Improper Service of Process filed by Alex Doe (Hacker, Heather) (Entered: 03/01/2022)

March 1, 2022

March 1, 2022

PACER
54

Unopposed MOTION for Extension of time filed by The State of Texas (Winter, Raymond) Modified title on 3/2/2022 (awc). (Entered: 03/01/2022)

March 1, 2022

March 1, 2022

PACER
55

ORDER: Before the Court is Relator's Unopposed Motion for Extension of Time to File Response to Defendants' Motions to Dismiss (ECF No. 53) and the State of Texas' Unopposed Motion for Extension of Time (ECF No. 54) ( collectively "Motions"). The Court finds that the Motions should be and hereby are GRANTED. Relator and State of Texas must file their Responses to Defendants' Motions to Dismiss on or by March 11, 2022. (Ordered by Judge Matthew J. Kacsmaryk on 3/2/2022) (daa) (Entered: 03/02/2022)

March 2, 2022

March 2, 2022

PACER
56

Proposal for contents of scheduling and discovery order by Alex Doe, The State of Louisiana, The State of Texas, United States of America. (Stephens, Andrew) (Entered: 03/02/2022)

March 2, 2022

March 2, 2022

PACER
57

MOTION to Stay Discovery Pending Resolution of Motions to Dismiss filed by Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc (Attachments: # 1 Proposed Order) (Odell, Christopher) (Entered: 03/02/2022)

March 2, 2022

March 2, 2022

PACER
58

Brief/Memorandum in Support filed by Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc re 57 MOTION to Stay Discovery Pending Resolution of Motions to Dismiss (Odell, Christopher) (Entered: 03/02/2022)

March 2, 2022

March 2, 2022

PACER
59

ORDER denying 57 Motion to Stay. (Ordered by Judge Matthew J. Kacsmaryk on 3/7/2022) (nhp) (Entered: 03/07/2022)

March 7, 2022

March 7, 2022

PACER
61

RESPONSE filed by Alex Doe re: 50 MOTION to Dismiss The State of Texas' Complaint in Intervention, 46 MOTION to Dismiss Complaints of Relator and State of Texas for Improper Service of Process, 48 MOTION to Dismiss Relator's Complaint, 44 MOTION to Dismiss Complaints of Relator and State of Texas For Improper Service of Process (vls) (Entered: 03/12/2022)

March 11, 2022

March 11, 2022

PACER
62

RESPONSE filed by The State of Texas re: 50 MOTION to Dismiss The State of Texas' Complaint in Intervention (vls) (Entered: 03/14/2022)

March 11, 2022

March 11, 2022

PACER
63

RESPONSE filed by The State of Texas re: 46 MOTION to Dismiss Complaints of Relator and State of Texas for Improper Service of Process, 44 MOTION to Dismiss Complaints of Relator and State of Texas For Improper Service of Process (Attachments: # 1 Affidavit(s)) (vls) (Entered: 03/14/2022)

March 11, 2022

March 11, 2022

PACER
64

REPLY filed by Planned Parenthood Federation of America Inc, Planned Parenthood of Greater Texas Inc re: 46 MOTION to Dismiss Complaints of Relator and State of Texas for Improper Service of Process, 44 MOTION to Dismiss Complaints of Relator and State of Texas For Improper Service of Process (Odell, Christopher) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
65

REPLY filed by Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc re: 48 MOTION to Dismiss Relator's Complaint (Odell, Christopher) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
66

REPLY filed by Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc re: 50 MOTION to Dismiss The State of Texas' Complaint in Intervention (Odell, Christopher) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER
69

ORDER denying as moot 44 Planned Parenthood Federation of America, Inc.'s Motion to Dismiss Complaints of Relator and State of Texas for Improper Service of Process ; denying as moot 46 Planned Parenthood of Greater Texas, Inc.'s Motion to Dismiss Complaints of Relator and State of Texas for Improper Service of Process. (Ordered by Judge Matthew J. Kacsmaryk on 4/12/2022) (daa) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

PACER
70

RESPONSE filed by Alex Doe re: 67 MOTION to Unseal Document Relator's Notice of Identity and Revoke Relator's Protective Order (Stephens, Andrew) (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

PACER
71

Opinion and Order - The Court GRANTS IN PART and DENIES IN PART Defendants' Motions. The Court DISMISSES Relator's federal conspiracy to commit health-care fraud claim. Because of Texas's intervention, the state is primarily responsible for prosecuting Count III of Relator's Complaint. Relator is responsible for prosecuting all other claims alleged in the Complaint. Any relief not expressly granted in this Opinion and Order is DENIED. (Ordered by Judge Matthew J. Kacsmaryk on 4/29/2022) (vls) (Main Document 71 replaced with a text searchable doc on 5/2/2022) (ali). (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

Clearinghouse
72

SCHEDULING ORDER: Amended Pleadings due by 5/13/2022. Discovery due by 9/30/2022. Dispositive Motions due by 11/1/2022. Pretrial Materials due by 2/2/2023. Pretrial Conference set for 2/17/2023 10:00 AM in US Courthouse, Courtroom 1st Floor, 205 S. E. 5th Ave., Amarillo, TX 79101-1559 before Judge Matthew J. Kacsmaryk. Jury Trial set for 2/27/2023 09:00 AM 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 5/11/2022) (daa) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

PACER
73

Request for Clerk to issue Entry of Default filed by Alex Doe, The State of Louisiana, The State of Texas, United States of America. (Attachments: # 1 Proposed Clerk's Entry of Default) (Stephens, Andrew) Modified text on 5/19/2022 (daa). (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

PACER
74

RESPONSE and MOTION filed by Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc re: 73 Request for Clerk to Issue Document (Odell, Christopher) Added motion event on 5/19/2022 (daa). (Entered: 05/18/2022)

May 18, 2022

May 18, 2022

PACER
75

ORDER: Before the Court is Defendants' Opposition to Request for Clerk's Entry of Default and Motion for Extension of Time to File Motion for Reconsideration, or in the Alternative, Certification for Interlocutory Appeal pursuant to 28 U.S.C. § 1292(b) (ECF No. 74). The Court ORDERS Relator and Plaintiff State of Texas to respond by 11:59 p.m. (CDT) today, Wednesday, May 18, 2022. (Ordered by Judge Matthew J. Kacsmaryk on 5/18/2022) (daa) (Entered: 05/18/2022)

May 18, 2022

May 18, 2022

PACER
76

RESPONSE filed by Alex Doe, The State of Louisiana, The State of Texas, United States of America re: 74 Response/Objection, (Stephens, Andrew) (Entered: 05/18/2022)

May 18, 2022

May 18, 2022

PACER
77

REPLY filed by Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc re: 74 Response/Objection, (Odell, Christopher) (Entered: 05/18/2022)

May 18, 2022

May 18, 2022

PACER
78

ORDER denying 74 Defendants' Motion for Extension of Time to File Motion for Reconsideration, or in the Alternative, Certification for Interlocutory Appeal. The Court ORDERS Defendants to file their answer on or before May 20, 2022. (Ordered by Judge Matthew J. Kacsmaryk on 5/19/2022) (daa). Added document on 5/19/2022 (daa). (Entered: 05/19/2022)

May 19, 2022

May 19, 2022

PACER
79

ORDER denying 67 Defendants' Motion to Unseal Relator's Notice of Identity and Revoke Relator's Protective Order. The Court DENIES Defendants' Motion and DIRECTS the District Clerk to SEAL the Motion and Memorandum in Support (ECF Nos. 67, 68). (Ordered by Judge Matthew J. Kacsmaryk on 5/20/2022) (daa) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

PACER
80

ANSWER to 22 Intervenor Complaint,,, with Jury Demand filed by Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc (Odell, Christopher) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

PACER
81

ANSWER to 2 Complaint,,, with Jury Demand filed by Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc. 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. (Odell, Christopher) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

PACER
82

MOTION for Reconsideration re 71 Memorandum Opinion and Order,, Or, In the Alternative, Certification for Interlocutory Appeal filed by Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc (Odell, Christopher) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
83

Brief/Memorandum in Support filed by Planned Parenthood Cameron County Inc, Planned Parenthood Federation of America Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc re 82 MOTION for Reconsideration re 71 Memorandum Opinion and Order,, Or, In the Alternative, Certification for Interlocutory Appeal (Odell, Christopher) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
84

NOTICE of Attorney Appearance by Justin Roel Chapa for Danny Ashby, Leah Godesky, Amanda Santella, and Justin Chapa on behalf of Planned Parenthood Federation of America Inc. (Chapa, Justin) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
85

NOTICE of Withdrawal of Counsel for Defendant Planned Parenthood Federation of America, Inc. filed by Planned Parenthood Cameron County Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc (Odell, Christopher) (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

PACER
86

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12876110) filed by Planned Parenthood Cameron County Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc (Attachments: # 1 Certificate of Good Standing from DC Bar) (Lollar, Tirzah) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
87

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12876189) filed by Planned Parenthood Cameron County Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc (Attachments: # 1 Certificate of Good Standing from DC Bar) (Margolis, Craig) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
88

ORDER: The Court ORDERS all counsel not admitted to practice before the Court to either: (1) provide the Court satisfactory documentation of membership of the Bar of this Court; or (2) apply for admission pro hac vice. Counsel must provide membership documentation or apply for admission pro hac vice on or before Friday, June 24, 2022. (Ordered by Judge Matthew J. Kacsmaryk on 6/8/2022) (nht) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

PACER
89

ORDER: The Court ORDERS Ms. Lollar and Mr. Margolis to supplement their applications with appropriate local counsel. (Ordered by Judge Matthew J. Kacsmaryk on 6/9/2022) (daa) (Entered: 06/09/2022)

June 9, 2022

June 9, 2022

PACER
90

Supplemental Document (Application for Admission Pro Hac Vice) by Planned Parenthood Cameron County Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc as to 86 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12876110) Supplemental Application that includes Ryan Brown as local counsel. (Attachments: # 1 Certificate of Good Standing from DC Bar) (Lollar, Tirzah) Modified title on 6/13/2022 (daa). (Entered: 06/09/2022)

June 9, 2022

June 9, 2022

PACER
91

Supplemental Document (Application for Admission Pro Hac Vice) by Planned Parenthood Cameron County Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc as to 87 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12876189) Supplemental Application that includes Ryan Brown as local counsel. (Attachments: # 1 Certificate of Good Standing from DC Bar) (Margolis, Craig) Modified title on 6/13/2022 (daa). (Entered: 06/09/2022)

June 9, 2022

June 9, 2022

PACER
92

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Leah Godesky (Filing fee $100; Receipt number 0539-12883675) filed by Planned Parenthood Federation of America Inc (Attachments: # 1 California Certificate of Good Standing, # 2 Proposed Order) (Chapa, Justin) (Entered: 06/09/2022)

June 9, 2022

June 9, 2022

PACER
93

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12890258) filed by Planned Parenthood Cameron County Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc (Attachments: # 1 Certificate of Good Standing from DC Bar) (Sheehan, Christian) (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

PACER
94

Unopposed MOTION to Withdraw Counsel (Halie Daniels) filed by The State of Texas (Attachments: # 1 Proposed Order) (Winter, Raymond) (Entered: 06/14/2022)

June 14, 2022

June 14, 2022

PACER
95

RESPONSE filed by Alex Doe, The State of Texas re: 82 MOTION for Reconsideration re 71 Memorandum Opinion and Order,, Or, In the Alternative, Certification for Interlocutory Appeal (Winter, Raymond) (Entered: 06/14/2022)

June 14, 2022

June 14, 2022

PACER
96

ORDER granting 92 Application for Admission Pro Hac Vice of Leah Godesky. 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 6/21/2022) (daa) (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

PACER
97

ORDER terminating 87 Application for Admission Pro Hac Vice of Craig D Margolis; granting 91 Supplemental Application for Admission Pro Hac Vice of Craig D Margolis. 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 6/21/2022) (daa) (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

PACER
98

ORDER terminating 86 Application for Admission Pro Hac Vice of Tirzah Lollar; granting 90 Application for Admission Pro Hac Vice of Tirzah Lollar. 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 6/21/2022) (daa) (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

PACER
99

ORDER granting 93 Application for Admission Pro Hac Vice of Christian Sheehan. 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 6/21/2022) (daa) (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

PACER
100

ORDER granting 94 State of Texas' Unopposed Motion to Withdraw Halie Daniels as Counsel. (Ordered by Judge Matthew J. Kacsmaryk on 6/21/2022) (daa) (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

PACER
101

MOTION for Protective Order filed by Alex Doe, The State of Louisiana, The State of Texas, United States of America with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2)Attorney Heather Gebelin Hacker added to party The State of Louisiana(pty:pla), Attorney Heather Gebelin Hacker added to party The State of Texas(pty:intv), Attorney Heather Gebelin Hacker added to party United States of America(pty:pla) (Hacker, Heather) (Entered: 06/23/2022)

June 23, 2022

June 23, 2022

PACER
102

ORDER: The Court ORDERS Defendants to respond to the Motion on or before 5:00 p.m. (CDT) on Monday, June 27, 2022. Plaintiffs may reply to Defendants' response on or before 5:00 p.m. (CDT) on Wednesday, June 29, 2022. In the interim, the Court STAYS parties' production deadlines and will issue an appropriate order setting such deadlines when ruling on the Motion. re: 101 MOTION for Protective Order. (Ordered by Judge Matthew J. Kacsmaryk on 6/24/2022) (daa) (Entered: 06/24/2022)

June 24, 2022

June 24, 2022

PACER
103

RESPONSE filed by Planned Parenthood Federation of America Inc re: 101 MOTION for Protective Order (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D) (Ashby, Danny) (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

PACER
104

(Document Restricted) Sealed Response re: 101 Motion for Protective Order, (Sealed pursuant to order dated 4/16/2021) filed by Planned Parenthood Federation of America Inc (Ashby, Danny) (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

PACER
105

NOTICE of Letter to Court re: Defendants' Opposition to Motion for Protective Order. re: 103 Response/Objection filed by Planned Parenthood Federation of America Inc (Ashby, Danny) (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

PACER
106

**WITHDRAWN per 126 ** MOTION to Compel filed by Planned Parenthood Cameron County Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood San Antonio Inc, Planned Parenthood South Texas Inc, Planned Parenthood of Greater Texas Inc (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J) (Lollar, Tirzah) Modified title and termed motion on 7/18/2022 (nht). (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

PACER

Case Details

State / Territory: Texas

Case Type(s):

Reproductive Issues

Special Collection(s):

Planned Parenthood Medicaid Litigation

Key Dates

Filing Date: Feb. 5, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Anonymous individual plaintiff and the state of Texas

Plaintiff Type(s):

Private Plaintiff

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Planned Parenthood Federation of America and Planned Parenthood Texas affiliates, Non-profit or advocacy

Case Details

Causes of Action:

False Claims Act, 31 U.S.C. § 3729

State law

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Reproductive rights:

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

Abortion

General:

Funding

Medical/Mental Health:

Medical care, general

Type of Facility:

Non-government non-profit

Benefit Source:

Medicaid