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

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

U.S. Court of Appeals for the Fifth Circuit

Proposal for contents of scheduling and discovery order by Planned Parenthood Federation of America Inc. (Attachments: # 1 Exhibit(s) D1, # 2 Exhibit(s) D2, # 3 Exhibit(s) D3, # 4 Exhibit(s) D4, # 5 Exhibit(s) D5, # 6 Exhibit(s) D6) (Ashby, Danny) (Entered: 06/30/2023)

1 Exhibit(s) D1

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2 Exhibit(s) D2

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3 Exhibit(s) D3

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4 Exhibit(s) D4

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5 Exhibit(s) D5

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6 Exhibit(s) D6

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REPLY filed by Alex Doe re: 425 MOTION to Unseal Document 415 Sealed and/or Ex Parte Response/Objection filed by Alex Doe, 416 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, filed by Alex Doe, 487 MOTION to Unseal Document 481 Sealed and/or Ex Parte Response/Objection filed by Alex Doe, 482 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support filed by Alex Doe (Stephens, Andrew) (Entered: 07/05/2023)

Unopposed MOTION to Withdraw as Attorney (Justin Chapa) filed by Planned Parenthood Federation of America Inc (Attachments: # 1 Proposed Order) (Ashby, Danny) (Entered: 07/06/2023)

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MOTION FOR ORAL ARGUMENT ON SUMMARY JUDGMENT MOTIONS re 465 MOTION for Summary Judgment, 470 MOTION for Summary Judgment 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 Exhibit(s) A, # 2 Proposed Order) (Lollar, Tirzah) (Entered: 07/06/2023)

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ORDER denying 490 Relator's Motion to Compel Production of Document on Defendants' Privilege Log. (Ordered by Judge Matthew J. Kacsmaryk on 7/7/2023) (daa) (Entered: 07/07/2023)

ORDER: Before the Court is Relator's Motion to Unseal Plaintiffs' Reply in Support of Plaintiffs' Motions for Summary Judgment and Second Supplemental Appendix ("Motion") (ECF No. 459), filed on June 20, 2023. Relator has previously filed similar motions which have been briefed by parties. See ECF Nos. 479,487. Accordingly, the Court hereby ORDERS Defendants to respond to the Motion on or before July 11, 2023. Relator must file any reply on or before July 13, 2023. (Ordered by Judge Matthew J. Kacsmaryk on 7/7/2023) (daa) (Entered: 07/07/2023)

ORDER granting 505 Defendant Planned Parenthood Federation of America, Inc.'s ("PPFA") Unopposed Motion to Withdraw Counsel. (Ordered by Judge Matthew J. Kacsmaryk on 7/7/2023) (daa) (Entered: 07/07/2023)

RESPONSE filed by Planned Parenthood Federation of America Inc re: 459 MOTION to Unseal Document 441 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, filed by Alex Doe, 440 Sealed and/or Ex Parte Reply/Sur-reply filed by Alex Doe (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Declaration(s) of Melaney Linton, # 5 Declaration(s) of Kim Custer, # 6 Declaration(s) of Polin Barraza, # 7 Declaration(s) of Sheila McKinney) (Ashby, Danny) (Entered: 07/11/2023)

1 Exhibit(s) A

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2 Exhibit(s) B

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3 Exhibit(s) C

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4 Declaration(s) of Melaney Linton

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5 Declaration(s) of Kim Custer

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6 Declaration(s) of Polin Barraza

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7 Declaration(s) of Sheila McKinney

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REPLY filed by Alex Doe re: 459 MOTION to Unseal Document 441 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, filed by Alex Doe, 440 Sealed and/or Ex Parte Reply/Sur-reply filed by Alex Doe (Stephens, Andrew) (Entered: 07/13/2023)

Unopposed MOTION to Withdraw as Attorney (Owen Dunn) 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) (Dunn, Ralf) (Entered: 07/27/2023)

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ORDER: The Court GRANTS 506 MOTION FOR ORAL ARGUMENT ON SUMMARY JUDGMENT MOTIONS. Hearing set for Wednesday, August 9, 2023 @ 10:00 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 8/2/2023) (vls) (Entered: 08/02/2023)

ORDER granting 512 Motion to Withdraw as Attorney. Attorney Ralf Owen Dunn terminated (Ordered by Judge Matthew J. Kacsmaryk on 8/2/2023) (nht) (Entered: 08/03/2023)

Unopposed Emergency MOTION for Continuance filed by Alex Doe with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Hacker, Heather) Modified title on 8/4/2023 (daa). (Entered: 08/04/2023)

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ORDER granting 515 Relator's Unopposed Emergency Motion for Continuance. Motion Hearing reset for 8/15/2023 10:00 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 8/4/2023) (daa) (Entered: 08/04/2023)

ORDER: For the foregoing reasons, the Court: (1) DENIES the PPFA Motion (ECF No. 472) and Affiliates' First Motion (ECF No. 477); (2) GRANTS Affiliates' Second Motion (ECF No. 485) IN PART; and (3) GRANTS Relator's Motions (ECF Nos. 459, 479, 487), subject to the limitations listed above. (Ordered by Judge Matthew J. Kacsmaryk on 8/4/2023) (vls) (Entered: 08/04/2023)

NOTICE of Filing of Plaintiffs' Unsealed Appendix in Support of Summary Judgment re: 518 Appendix in Support, 520 Appendix in Support, 519 Appendix in Support filed by Alex Doe (Stephens, Andrew) (Entered: 08/07/2023)

ORDER: The Court DIRECTS the Clerk's office to provisionally seal Relator's filings (ECF Nos. 518, 519, 520) and maintain the sealing of Plaintiffs' summary judgment briefing (ECF Nos. 476,481,495). (Ordered by Judge Matthew J. Kacsmaryk on 8/7/2023) (daa) (Entered: 08/07/2023)

NOTICE of Intent to File Motion for Reconsideration filed by Planned Parenthood Federation of America Inc, Planned Parenthood of Greater Texas Inc, Planned Parenthood South Texas Inc, Planned Parenthood San Antonio Inc, Planned Parenthood Gulf Coast Inc, Planned Parenthood Cameron County Inc. (Ashby, Danny) Modified filers on 8/9/2023 (awc). (Entered: 08/08/2023)

MOTION for Reconsideration re 522 Order, and Motion for Clarification re: Use of Sealed Documents at Summary Judgment Hearing, filed by Alex Doe with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B) (Hacker, Heather) (Entered: 08/09/2023)

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MOTION to Stay re 517 Order on Motion to Unseal Document,, Order on Sealed and/or Ex Parte Motion,,,,,,,,, Unsealing Order filed by Planned Parenthood Federation of America Inc (Ashby, Danny) (Entered: 08/09/2023)

ORDER granting in part 524 Relator's Emergency Motion for Reconsideration of August 7, 2023 Order and Motion for Clarification on Use of Sealed Documents in Court Proceedings; denying as moot 525 Defendants' Motion to Stay Unsealing Order. (Ordered by Judge Matthew J. Kacsmaryk on 8/11/2023) (daa) (Entered: 08/11/2023)

ELECTRONIC Minute Entry for proceedings held before Judge Matthew J. Kacsmaryk: Motion Hearing held on 8/15/2023 re: 506 MOTION FOR ORAL ARGUMENT ON SUMMARY JUDGMENT MOTIONS re 465 MOTION for Summary Judgment, 470 MOTION for Summary Judgment. Written order to follow. Attorney Appearances: Plaintiff - Heather Gebelin Hacker/William David Wassdorf; Defense - Craig D. Margolis/Anton Metlitsky/Danny Ashby. (Court Reporter: Shayna Montgomery) (No exhibits) Time in Court - 4:49. (vls) (Entered: 08/18/2023)

Notice of Filing of Official Electronic Transcript of Summary Judgment Hearing Proceedings held on 08/15/2023 before Judge Kacsmaryk. Court Reporter/Transcriber Shayna Montgomery, Telephone number 806-468-3816. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (152 pages) Redaction Request due 9/7/2023. Redacted Transcript Deadline set for 9/18/2023. Release of Transcript Restriction set for 11/15/2023. (srm) (Entered: 08/17/2023)

Unopposed MOTION to Withdraw as Attorney 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) (Mahoney, Diana) (Entered: 08/22/2023)

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ORDER granting 529 Motion to Withdraw as Attorney. Attorney Diana Mahoney terminated. (Ordered by Judge Matthew J. Kacsmaryk on 8/23/2023) (awc) (Entered: 08/23/2023)

SUPPLEMENTAL Brief/Memorandum in Support filed by Planned Parenthood Federation of America Inc re 501 Response/Objection, 470 MOTION for Summary Judgment Supplemental Brief in Support of Its Motion for Summary Judgment and in Opposition to Texas's Motion for Summary Judgment and Relator's Motion for Partial Summary Judgment (Ashby, Danny) Modified text on 8/28/2023 (daa). (Entered: 08/25/2023)

SUPPLEMENTAL Brief/Memorandum in Support 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 re 468 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, Defendants' Supplemental Brief in Support of Motion for Summary Judgment (Lollar, Tirzah) Modified title on 8/28/2023 (daa). (Entered: 08/25/2023)

MOTION for Judgment On the Pleadings 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 (Lollar, Tirzah) (Entered: 09/01/2023)

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 533 MOTION for Judgment On the Pleadings (Attachments: # 1 Proposed Order) (Lollar, Tirzah) (Entered: 09/01/2023)

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MOTION for Clarification and Partial Reconsideration of Unsealing Order filed by Planned Parenthood Federation of America Inc (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D) (Ashby, Danny) (Entered: 09/01/2023)

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2 Exhibit(s) B

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4 Exhibit(s) D

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MOTION to Strike 534 Brief/Memorandum in Support of Motion, 533 MOTION for Judgment On the Pleadings filed by Alex Doe with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Hacker, Heather) (Entered: 09/06/2023)

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RESPONSE 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: 536 MOTION to Strike 534 Brief/Memorandum in Support of Motion, 533 MOTION for Judgment On the Pleadings (Lollar, Tirzah) (Entered: 09/15/2023)

REPLY filed by Alex Doe re: 536 MOTION to Strike 534 Brief/Memorandum in Support of Motion, 533 MOTION for Judgment On the Pleadings (Hacker, Heather) (Entered: 09/18/2023)

Notice: Parties are reminded that they are expected to abide by all relevant rules and authorities concerning timeliness of submissions. If a party desires an extension, that party should submit to this Court a motion to that effect and provide its reasoning and justification therein. This Court has, in the past, generously granted extensions to both parties in this matter. See, e.g., ECF Nos. 40, 55, 122. (vls) (Entered: 09/20/2023)

MOTION for Extension of Time to File Response/Reply to 533 MOTION for Judgment On the Pleadings filed by Alex Doe with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Hacker, Heather) (Entered: 09/20/2023)

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RESPONSE 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: 540 MOTION for Extension of Time to File Response/Reply to 533 MOTION for Judgment On the Pleadings (Lollar, Tirzah) (Entered: 09/21/2023)

ORDER granting in part 540 Plaintiffs' Unopposed Motion for Extension of Time to File Response to Defendants' Motion for Judgment on the Pleadings and Motion for Expedited Consideration. Plaintiffs are hereby ORDERED to respond to Defendants' Motion for Judgment on the Pleadings (ECF No. 533) on or before October 4,2023. (Ordered by Judge Matthew J. Kacsmaryk on 9/21/2023) (daa) (Entered: 09/21/2023)

RESPONSE filed by Alex Doe re: 535 MOTION for Clarification and Partial Reconsideration of Unsealing Order (Attachments: # 1 Exhibit(s) A) (Stephens, Andrew) (Entered: 09/22/2023)

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MOTION for Extension of Time to File Response/Reply to 533 MOTION for Judgment On the Pleadings (), MOTION to Expedite Consideration filed by Alex Doe with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Hacker, Heather) (Entered: 10/02/2023)

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ORDER granting in part 544 Plaintiffs' Second Motion for Extension of Time to File Response to Defendants' Motion for Judgment on the Pleadings and Motion for Expedited Consideration. Plaintiffs are hereby ORDERED to respond to Defendants' Motion for Judgment on the Pleadings (ECF No. 533) on or before October 11, 2023. (Ordered by Judge Matthew J. Kacsmaryk on 10/2/2023) (daa) (Entered: 10/02/2023)

REPLY filed by Planned Parenthood Federation of America Inc re: 535 MOTION for Clarification and Partial Reconsideration of Unsealing Order (Ashby, Danny) (Entered: 10/06/2023)

RESPONSE AND OBJECTION filed by Alex Doe re: 533 MOTION for Judgment On the Pleadings (Hacker, Heather) (Entered: 10/11/2023)

RESPONSE filed by The State of Texas re: 533 MOTION for Judgment On the Pleadings (Wassdorf, William) (Entered: 10/11/2023)

MOTION for Leave to File Amicus Curiae Briefin Support of Relators filed by The Anti-Fraud Coalition with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s))Attorney Jacklyn DeMar added to party The Anti-Fraud Coalition(pty:am) (DeMar, Jacklyn) (Entered: 10/13/2023)

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ORDER granting 549 Motion for Leave to File Amicus Curiae Brief. (Ordered by Judge Matthew J. Kacsmaryk on 10/17/2023) (awc) (Entered: 10/17/2023)

Amicus Curiae Brief in Support of Qui Tam Relators filed by The Anti-Fraud Coalition re 533 MOTION for Judgment On the Pleadings. (awc) (Entered: 10/20/2023)

Unopposed MOTION to Withdraw filed by The State of Texas (Attachments: # 1 Proposed Order) (Brissenden, Reynolds) (Entered: 10/18/2023)

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MOTION for Leave to File A Consolidated Reply in Support of Defendants' Motion for Judgment on the PleadingsUnopposed, MOTION for Extension of Time to File Response/Reply to 547 Response/Objection, 548 Response/Objection () 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) (Lollar, Tirzah) (Entered: 10/18/2023)

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Memorandum Opinion and Order -- See Order for Specifics (Ordered by Judge Matthew J. Kacsmaryk on 10/23/2023) (vls) Modified security on 10/23/2023 (vls). Unsealed per ECF 623 on 7/1/2024 (cmk). (Entered: 10/23/2023)

SCHEDULING ORDER: Discovery due by 12/4/2023. Jury Trial set for 4/16/2024 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 4/2/2024 10:00 AM in US Courthouse, Courtroom 1st Floor, 205 S. E. 5th Ave., Amarillo, TX 79101-1559 before Judge Matthew J. Kacsmaryk. Pretrial Materials due by 3/11/2024. (Ordered by Judge Matthew J. Kacsmaryk on 10/23/2023) (vls) (Entered: 10/23/2023)

Unopposed MOTION to Withdraw as Attorney filed by The State of Texas (Attachments: # 1 Proposed Order) (Hilton, Amy) (Entered: 10/23/2023)

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(Document Restricted) Defendants' Motion to File Under Seal in Part Defendants' Emergency Motion for Expedited Consideration of Defendants' Unopposed Motion for Extension of Time to File Reply Brief(s) (ECF No. 552) (Sealed pursuant to motion to seal) 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 (SEALED) Emergency Motion for Consideration of Motion for Leave, # 2 Proposed Order) (Lollar, Tirzah) (Entered: 10/24/2023)

(Document Restricted) CORRECTED - Defendants' Unopposed Motion to File Under Seal in Part Defendants' Emergency Motion for Expedited Consideration of Defendants' Unopposed Motion for Extension of Time to File Reply Brief(s) (ECF No. 552) (Sealed pursuant to motion to seal) 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 (SEALED) Emergency Motion for Consideration of Motion for Leave, # 2 Proposed Order) (Lollar, Tirzah) (Entered: 10/24/2023)

Unopposed MOTION to Expedite (Redacted) Defendants' Unopposed Emergency Motion for Expedited Consideration of Defendants' Unopposed Motion for Extension of Time to File Reply Brief(s) (ECF No. 552) 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) (Lollar, Tirzah) Modified typo on 10/25/2023 (awc). (Entered: 10/24/2023)

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(Document Restricted) SEALED ORDER denying sealed motion 557 ; denying sealed motion 558 ; denying 559 Motion to Expedite. (Ordered by Judge Matthew J. Kacsmaryk on 10/24/2023) (cmk) (Entered: 10/24/2023)

ORDER granting 551 Unopposed MOTION to Withdraw. (Ordered by Judge Matthew J. Kacsmaryk on 10/24/2023) (cmk) (Entered: 10/24/2023)

ORDER granting 556 Motion to Withdraw as Attorney. (Ordered by Judge Matthew J. Kacsmaryk on 10/24/2023) (cmk) (Entered: 10/24/2023)

Designation of Experts by Alex Doe. (Stephens, Andrew) (Entered: 11/06/2023)

Designation of Experts 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. (Lollar, Tirzah) (Entered: 11/06/2023)

Unopposed MOTION to Extend Time to file Expert Objections(), MOTION to Expedite Consideration filed by Alex Doe with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Hacker, Heather) (Entered: 11/14/2023)

ORDER granting 565 Motion to Extend Time: Having reviewed the Motion and the relevant law, the Court GRANTS the Motion. The parties are hereby ORDERED to file their expert objections on or before December 8, 2023, and to file responses to those objections on or before January 8, 2024. The parties are advised that this Order in no way affects any other deadline(s) established by the scheduling order. (Ordered by Judge Matthew J. Kacsmaryk on 11/16/2023) (cmk) (Entered: 11/16/2023)

AMENDED SCHEDULING ORDER: Discovery due by 12/4/2023. Pretrial Order due by 3/22/2024. Jury Trial set for 4/16/2024 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 4/2/2024 10:00 AM in US Courthouse, Courtroom 1st Floor, 205 S. E. 5th Ave., Amarillo, TX 79101-1559 before Judge Matthew J. Kacsmaryk. Pretrial Materials due by 3/11/2024. (Ordered by Judge Matthew J. Kacsmaryk on 11/17/2023) (cmk) (Entered: 11/17/2023)

NOTICE OF INTERLOCUTORY APPEAL as to 554 Memorandum Opinion and Order to the Fifth Circuit by Planned Parenthood Federation of America Inc. 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. (Ashby, Danny) (Entered: 11/20/2023)

PPFA's Motion for Stay Pending Appeal Based on Divestiture of Jurisdiction and to Expedite Briefing filed by Planned Parenthood Federation of America Inc (Attachments: # 1 Proposed Order, # 2 Proposed Order) (Ashby, Danny) Unsealed document per Chambers on 11/30/2023 (cmk). (Entered: 11/27/2023)

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ORDER: Plaintiffs are ORDERED to respond, in no more than ten (10) pages, to Defendants' Motion on or before December 11, 2023. Defendants are ORDERED to reply, in no more than five (5) pages, on or before December 20, 2023. re: 569 PPFA's Motion for Stay Pending Appeal Based on Divestiture of Jurisdiction and to Expedite Briefing. (Ordered by Judge Matthew J. Kacsmaryk on 11/28/2023) (cmk) (Entered: 11/28/2023)

MOTION for Extension of Time to File Response/Reply to 569 (Document Restricted) PPFA's Motion for Stay Pending Appeal Based on Divestiture of Jurisdiction and to Expedite Briefing (Sealed pursuant to order dated 10/23/2023) (), MOTION to Expedite filed by Alex Doe with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Hacker, Heather) (Entered: 11/29/2023)

Affiliate Defendants' Motion to Stay Pending PPFA's Appeal and to Expedite Briefing on Same 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 (Lollar, Tirzah) Unsealed document per Chambers on 11/30/2023 (cmk). (Entered: 11/29/2023)

RESPONSE filed by Planned Parenthood Federation of America Inc re: 571 MOTION for Extension of Time to File Response/Reply to 569 (Document Restricted) PPFA's Motion for Stay Pending Appeal Based on Divestiture of Jurisdiction and to Expedite Briefing (Sealed pursuant to order dated 10/23/2023) MOTION to Expedite (Ashby, Danny) (Entered: 11/29/2023)

REPLY filed by Alex Doe re: 571 MOTION for Extension of Time to File Response/Reply to 569 (Document Restricted) PPFA's Motion for Stay Pending Appeal Based on Divestiture of Jurisdiction and to Expedite Briefing (Sealed pursuant to order dated 10/23/2023) MOTION to Expedite (Hacker, Heather) (Entered: 11/30/2023)

ORDER re: 571 Motion to Extend Time to File Response/Reply; 571 Motion to Expedite. Having reviewed the motions and the relevant law, the Court GRANTS Plaintiffs' Motion and DENIES PPFA's Opposition Motion. Plaintiffs are thus ORDERED to respond, in no more than ten (10) pages, to PPFA's motion to stay (ECF No. 569) on or before December 18, 2023. And PPFA is ORDERED to reply, in no more than five (5) pages, on or before January 1, 2024. (Ordered by Judge Matthew J. Kacsmaryk on 11/30/2023) (awc) (Entered: 11/30/2023)

ORDER re: 572 Motion to Stay Pending PPFA's Appeal and to Expedite Briefing on Same: The Motion is GRANTED IN PART. As of now, proceedings are not stayed. However, briefing on this Motion shall be expedited. Plaintiffs are ORDERED to respond, in no more than ten (10) pages, to Affiliate Defendants' Motion on or before December 18, 2023. Likewise, Affiliate Defendants are ORDERED to reply, in no more than five (5) pages, on or before January 1, 2024. (Ordered by Judge Matthew J. Kacsmaryk on 11/30/2023) (awc) (Entered: 11/30/2023)

ORDER: In light of recent motions and orders, the Court seeks to clarify a number of deadlines. See ECF Nos. 569-73. There are two parallel motions before the Court: PPFA's Motion For Stay Pending Appeal (ECF No. 569) and Affiliate Defendants' Motion to Stay Pending PPFA's Appeal (ECF No. 572). Given their similarities - and given Plaintiffs' Motion For Extension of Time to File Response/Reply (ECF No. 571) - the Court has ordered that Plaintiffs' individual responses to PPFA's motion and Affiliate Defendants' motion shall be due on or before December 1812023. Similarly, the Court has ordered that both PPFA's reply and Affiliate Defendants' reply to Plaintiffs shall be due on or before January 1, 2024.These orders provide flexibility to all movants and serve to increase judicial efficiency. All parties are advised that no deadlines set pursuant to this Court's amended scheduling order(ECF No. 567) have been or will be adjusted due to the foregoing circumstances. (Ordered by Judge Matthew J. Kacsmaryk on 11/30/2023) (awc) (Entered: 11/30/2023)

Transcript Order Form: re 568 Notice of Appeal,,,, transcript not requested Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court. (Metlitsky, Anton) (Entered: 12/04/2023)

(Document Restricted) Plaintiffs' Motion to Exclude Testimony of Louis F. Rossiter (Sealed pursuant to order dated 7/25/2022) filed by Alex Doe (Hacker, Heather) (Entered: 12/08/2023)

(Document Restricted) Plaintiffs' Motion to Exclude Testimony of Cara C. Heuser (Sealed pursuant to order dated 7/25/2022) filed by Alex Doe (Hacker, Heather) (Entered: 12/08/2023)

(Document Restricted) Plaintiffs' Motion to Exclude Testimony of R. Alta Charo (Sealed pursuant to order dated 7/25/2022) filed by Alex Doe (Hacker, Heather) (Entered: 12/08/2023)

(Document Restricted) Plaintiffs' Motion to Exclude Testimony of David Simon Sokolow (Sealed pursuant to order dated 7/25/2022) filed by The State of Texas (Hilton, Amy) (Entered: 12/08/2023)

(Document Restricted) Plaintiffs' Motion to Exclude Testimony of Anitra Beasley (Sealed pursuant to order dated 7/25/2022) filed by The State of Texas (Hilton, Amy) (Entered: 12/08/2023)

(Document Restricted) Plaintiffs' Motion to Exclude Testimony of Louis G. Dudney (Sealed pursuant to order dated 7/25/2022) filed by The State of Texas (Hilton, Amy) (Entered: 12/08/2023)

(Document Restricted) Sealed Appendix in Support re: 581 Sealed and/or Ex Parte Motion, 583 Sealed and/or Ex Parte Motion, 580 Sealed and/or Ex Parte Motion, 579 Sealed and/or Ex Parte Motion, 582 Sealed and/or Ex Parte Motion, 584 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 7/25/2022) filed by The State of Texas (Attachments: # 1 Additional Page(s) Appendix) (Hilton, Amy) (Entered: 12/08/2023)

USCA Case Number 23-11184 in USCA5 for 568 Notice of Appeal, filed by Planned Parenthood Federation of America Inc. (cmk) (Entered: 12/15/2023)

NOTICE of Change of Address for Attorney Danny S Ashby on behalf of Planned Parenthood Federation of America Inc. (Filer will update contact info in ECF.) (Ashby, Danny) (Entered: 12/15/2023)

RESPONSE AND OBJECTION filed by Alex Doe re: 569 Sealed Motion for Stay Pending Appeal Based on Divestiture of Jurisdiction (Attachments: # 1 Exhibit(s) A and B) (Hacker, Heather) (Entered: 12/18/2023)

RESPONSE AND OBJECTION filed by Alex Doe re: 572 Sealed Affiliate Defendants' Motion to Stay Pending PPFA's Appeal (Hacker, Heather) (Entered: 12/18/2023)

MOTION to Certify Appeal as Frivolous and Retain Jurisdiction re 568 Notice of Appeal,,,, filed by Alex Doe with Brief/Memorandum in Support. (Hacker, Heather) (Entered: 12/18/2023)

REPLY 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 re: 572 MOTION to Stay (Lollar, Tirzah) (Entered: 12/29/2023)

(Document Restricted) Sealed Response re: 590 Motion for Miscellaneous Relief (Sealed pursuant to order dated 10/23/2023) filed by Planned Parenthood Federation of America Inc (Ashby, Danny) (Entered: 12/29/2023)

(Document Restricted) Sealed Reply re: 569 Motion to Stay, (Sealed pursuant to order dated 10/23/2023) filed by Planned Parenthood Federation of America Inc (Ashby, Danny) (Entered: 12/29/2023)

Record on Appeal for USCA5 23-11184 (related to 568 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 1 Volume(s) electronic transcript, Sealed or ex parte electronic document number(s): 9, 10, 12, 67, 68, 104, 158, 178, 190, 199, 206, 211, 218, 222, 230, 235, 239, 248, 255, 267, 269, 282, 296, 299, 300, 311, 315, 338, 342, 349, 354, 355, 358, 362, 369, 375, 384, 387, 390, 391, 399, 402, 405, 407, 415, 416, 419, 420, 440, 441, 444, 445, 468, 469, 472, 475, 477, 482, 485, 486, 495, 518, 519, 520, 554, 557, 558, 560, 579, 580, 581, 582, 583, 584, 585 (circuit approval is required for access),. 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. (cmk) (Entered: 01/03/2024)

(Document Restricted) Sealed Response re: 584 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 10/23/2023) filed by Planned Parenthood Federation of America Inc (Attachments: # 1 Declaration(s), # 2 Exhibit(s) A) (Ashby, Danny) (Entered: 01/08/2024)

(Document Restricted) Sealed Response re: 583 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 7/25/2022) 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 (Lollar, Tirzah) (Entered: 01/08/2024)

(Document Restricted) Sealed Response re: 580 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 7/25/2022) 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 (Lollar, Tirzah) (Entered: 01/08/2024)

(Document Restricted) Sealed Response re: 582 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 7/25/2022) 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 (Lollar, Tirzah) (Entered: 01/08/2024)

(Document Restricted) Sealed Response re: 581 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 7/25/2022) 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 (Lollar, Tirzah) (Entered: 01/08/2024)

(Document Restricted) Sealed Response re: 579 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 7/25/2022) 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 (Lollar, Tirzah) (Entered: 01/08/2024)

ORDER STAYING CASE: For the foregoing reasons, the Court GRANTS PPFA's Motion and Affiliates' Motion and DENIES Plaintiffs' Motion. This case is STAYED in its entirety - covering all remaining claims against all remaining defendants - pending resolution of PPFA's appeal to the Fifth Circuit. See ECF No. 569. This Court's amended scheduling order (ECF No. 567) is no longer in effect. (RE: 572 Motion to Stay, 569 Motion to Stay, 590 Motion for Miscellaneous Relief ) (Ordered by Judge Matthew J. Kacsmaryk on 1/11/2024) (cmk) (Entered: 01/11/2024)

Received letter from USCA5. (Attachments: # 1 USCA5 Order) (cmk) (Entered: 01/16/2024)

Received letter from USCA5. (Attachments: # 1 USCA5 Order) (cmk) (Additional attachment(s) added on 1/22/2024: # 2 Motion to Supplement Record) (cmk). (Entered: 01/19/2024)

Supplemental Record on Appeal for USCA5 23-11184 (related to 568 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, Sealed or ex parte electronic document number(s): 592, 593, 595, 596, 597, 598, 599, 600 (circuit approval is required for access),. 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. (cmk) (Entered: 01/24/2024)

ORDER of USCA5 as to 568 Notice of Appeal. (Attachments: # 1 USCA5 Letter) (cmk) (Entered: 02/06/2024)

1 USCA5 Letter

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