Case: State of Texas v. Yellen

States of Texas v. Yellen

COMPLAINT against All Defendants filed by State of Texas, State of Louisiana, State of Mississippi. (Filing fee $402; Receipt number 0539-11860898) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (White, Jeffrey) (Entered: 05/03/2021)

1 Cover Sheet

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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by State of Louisiana, State of Mississippi, State of Texas. (White, Jeffrey) (Entered: 05/03/2021)

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) (Entered: 05/04/2021)

Summons issued as to Richard K Delmar, U.S. Department of the Treasury, United States of America, Janet Yellen, U.S. Attorney, and U.S. Attorney General. (awc) (Entered: 05/04/2021)

SUMMONS Returned Executed as to Richard K Delmar ; served on 5/12/2021. (White, Jeffrey) (Entered: 05/26/2021)

SUMMONS Returned Executed as to U.S. Department of the Treasury ; served on 5/12/2021. (White, Jeffrey) (Entered: 05/26/2021)

SUMMONS Returned Executed as to United States of America ; served on 5/12/2021. (White, Jeffrey) (Entered: 05/26/2021)

SUMMONS Returned Executed as to Janet Yellen ; served on 5/12/2021. (White, Jeffrey) (Entered: 05/26/2021)

AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet via certified mail, return receipt requested served on Richard K. Delmar, in his official capacity as acting inspector general of the Department of Treasury on 05/06/2021. (Attachments: # 1 Proof of Mailing) (White, Jeffrey) (Entered: 05/26/2021)

AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet via certified mail, return receipt requested served on U.S. Department of the Treasury on 05/06/2021. (Attachments: # 1 Proof of Mailing) (White, Jeffrey) (Entered: 05/26/2021)

AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet via certified mail, return receipt requested served on United States of America on 05/06/2021. (Attachments: # 1 Proof of Mailing) (White, Jeffrey) (Entered: 05/26/2021)

AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet via certified mail, return receipt requested served on Janet Yellen, in her official capacity as Secretary of the Treasury on 05/06/2021. (Attachments: # 1 Proof of Mailing) (White, Jeffrey) (Entered: 05/26/2021)

NOTICE of Attorney Appearance by Justin Lee Matheny on behalf of State of Mississippi. (Filer confirms contact info in ECF is current.) (Matheny, Justin) (Entered: 06/21/2021)

NOTICE of Attorney Appearance by Ryan Daniel Walters on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (Walters, Ryan) (Entered: 06/21/2021)

NOTICE of Attorney Appearance by Judd E Stone, II on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (Stone, Judd) (Entered: 06/21/2021)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12026994) filed by State of Louisiana (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)Attorney Elizabeth Baker Murrill added to party State of Louisiana(pty:pla) (Murrill, Elizabeth) (Entered: 07/06/2021)

1 Certificate of Good Standing

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2 Proposed Order

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ORDER GRANTING PRO HAC VICE re 16 Application for Admission Pro Hac Vice of Elizabeth Baker Murrill. 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 7/8/2021) (awc) (Entered: 07/08/2021)

NOTICE of Attorney Appearance by Michael Patrick Clendenen on behalf of Richard K Delmar, U.S. Department of the Treasury, United States of America, Janet Yellen. (Filer confirms contact info in ECF is current.) (Clendenen, Michael) (Entered: 07/12/2021)

Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction () filed by Richard K Delmar, U.S. Department of the Treasury, United States of America, Janet Yellen with Brief/Memorandum in Support. (Clendenen, Michael) (Entered: 07/12/2021)

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Richard K Delmar, U.S. Department of the Treasury, United States of America, Janet Yellen. (Clendenen, Michael) (Entered: 07/12/2021)

MOTION for Entry of a Scheduling Order filed by State of Louisiana, State of Mississippi, State of Texas (Attachments: # 1 Proposed Order) (White, Jeffrey) (Entered: 07/23/2021)

ORDER granting 21 Motion for Entry of a Scheduling Order. (SEE ORDER FOR SPECIFICS.) (Ordered by Judge Matthew J. Kacsmaryk on 7/27/2021) (awc) (Entered: 07/27/2021)

Unopposed MOTION to Amend/Correct 22 Order on Motion for Miscellaneous Relief /Scheduling Order filed by State of Louisiana, State of Mississippi, State of Texas (Attachments: # 1 Proposed Order) (White, Jeffrey) (Entered: 08/17/2021)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12155167) filed by Chamber of Commerce of the United States of America (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order). Party Chamber of Commerce of the United States of America & National Federation for Independent Business Small Business Legal Center added.Attorney Paul D Clement added to party Chamber of Commerce of the United States of America(pty:am) (Clement, Paul) (Entered: 08/20/2021)

1 Certificate of Good Standing

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2 Proposed Order

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ORDER granting 23 Motion to Amend/Correct. (SEE ORDER FOR SPECIFICS.) (Ordered by Judge Matthew J. Kacsmaryk on 8/20/2021) (awc) (Entered: 08/20/2021)

ORDER granting 24 Application for Admission Pro Hac Vice of Paul D. Clement. 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 8/23/2021) (awc) (Entered: 08/23/2021)

COMBINED RESPONSE to Defendants' Motion to Dismiss and MOTION for Partial Summary Judgment filed by State of Louisiana, State of Mississippi, State of Texas (Attachments: # 1 Proposed Order) (White, Jeffrey) Modified title on 9/28/2021 (daa). (Entered: 09/27/2021)

1 Proposed Order

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Brief/Memorandum in Support filed by State of Louisiana, State of Mississippi, State of Texas re 27 MOTION for Partial Summary Judgment and Response to Defendants' Motion to Dismiss (White, Jeffrey) (Entered: 09/27/2021)

Appendix in Support filed by State of Louisiana, State of Mississippi, State of Texas re 27 MOTION for Partial Summary Judgment and Response to Defendants' Motion to Dismiss (Attachments: # 1 Exhibit(s), # 2 Exhibit(s)) (White, Jeffrey) (Entered: 09/27/2021)

1 Exhibit(s)

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2 Exhibit(s)

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Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12265464) filed by National Taxpayers Union Foundation (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order). Party National Taxpayers Union Foundation added.Attorney Joseph Darcy Henchman added to party National Taxpayers Union Foundation(pty:am) (Henchman, Joseph) (Entered: 09/30/2021)

MOTION for Leave to File Brief of Amici Curiae filed by Chamber of Commerce of the United States of America, National Federation of Independent Business Small Business Legal Center with Brief/Memorandum in Support. (Attachments: # 1 Amicus Brief) (Clement, Paul) (Entered: 10/04/2021)

1 Amicus Brief

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Unopposed MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiffs' Motion for Summary Judgment filed by National Taxpayers Union Foundation with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order, # 2 Proposed Amicus Curiae Brief) (Henchman, Joseph) (Entered: 10/04/2021)

1 Proposed Order

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2 Proposed Amicus Curiae Brief

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Unopposed MOTION for Leave to File Brief Amici Curiae filed by Goldwater Institute, Texas Public Policy Foundation (Attachments: # 1 Exhibit(s) Proposed Amici Brief, # 2 Proposed Order). Party Goldwater Institute & Texas Public Policy Foundation added.Attorney Matthew R Miller added to party Goldwater Institute(pty:am), Attorney Matthew R Miller added to party Texas Public Policy Foundation(pty:am) (Miller, Matthew) (Entered: 10/04/2021)

1 Exhibit(s) Proposed Amici Brief

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2 Proposed Order

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MOTION for Leave to File Amicus Brief filed by New Civil Liberties Alliance with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order, # 2 Amicus Brief, # 3 Exhibit(s))Attorney Margaret A Little added to party New Civil Liberties Alliance(pty:am) (Little, Margaret) (Entered: 10/04/2021)

1 Proposed Order

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2 Amicus Brief

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3 Exhibit(s)

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ORDER granting 30 Application for Admission Pro Hac Vice of Joseph D. Henchman. 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 10/18/2021) (awc) (Entered: 10/18/2021)

ORDER granting 31 Motion for Leave to File Brief of Amici Curiae. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Matthew J. Kacsmaryk on 10/20/2021) (awc) (Entered: 10/20/2021)

Brief/Memorandum in Support filed by Chamber of Commerce of the United States of America, National Federation of Independent Business Small Business Legal Center re 27 MOTION for Partial Summary Judgment and Response to Defendants' Motion to Dismiss. (awc) (Entered: 10/20/2021)

ORDER granting 32 Motion for Leave to File Amicus Curiae Brief. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Matthew J. Kacsmaryk on 10/20/2021) (awc) (Entered: 10/20/2021)

Brief/Memorandum in Support filed by National Taxpayers Union Foundation re 27 MOTION for Partial Summary Judgment and Response to Defendants' Motion to Dismiss. (awc) (Entered: 10/20/2021)

ORDER granting 33 Motion for Leave to File Brief Amici Curiae. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Matthew J. Kacsmaryk on 10/20/2021) (awc) (Entered: 10/20/2021)

Brief/Memorandum in Support filed by Goldwater Institute, Texas Public Policy Foundation re 27 MOTION for Partial Summary Judgment and Response to Defendants' Motion to Dismiss. (awc) (Entered: 10/20/2021)

ORDER granting 34 Motion for Leave to File Amicus Brief. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Matthew J. Kacsmaryk on 10/20/2021) (awc) (Entered: 10/20/2021)

Brief/Memorandum in Support filed by New Civil Liberties Alliance re 27 MOTION for Partial Summary Judgment and Response to Defendants' Motion to Dismiss. (Attachments: # 1 Exhibit(s)) (awc) (Entered: 10/20/2021)

MOTION for Summary Judgment filed by Richard K Delmar, U.S. Department of the Treasury, United States of America, Janet Yellen (Clendenen, Michael) (Entered: 10/25/2021)

RESPONSE filed by Richard K Delmar, U.S. Department of the Treasury, United States of America, Janet Yellen re: 27 MOTION for Partial Summary Judgment and Response to Defendants' Motion to Dismiss (Clendenen, Michael) (Entered: 10/25/2021)

Brief/Memorandum in Support filed by Richard K Delmar, U.S. Department of the Treasury, United States of America, Janet Yellen re 45 Response/Objection, 19 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 44 MOTION for Summary Judgment (Clendenen, Michael) (Entered: 10/25/2021)

REPLY filed by State of Louisiana, State of Mississippi, State of Texas re: 27 MOTION for Partial Summary Judgment and Response to Defendants' Motion to Dismiss (White, Jeffrey) (Entered: 11/08/2021)

Brief/Memorandum in Support filed by State of Louisiana, State of Mississippi, State of Texas re 45 Response/Objection, 44 MOTION for Summary Judgment, 47 Reply, 27 MOTION for Partial Summary Judgment and Response to Defendants' Motion to Dismiss (White, Jeffrey) (Entered: 11/08/2021)

NOTICE of Supplemental Authority by State of Louisiana, State of Mississippi, State of Texas. (Attachments: # 1 Exhibit(s) A) (DiSorbo, Jack) Modified title on 11/18/2021 (daa). (Entered: 11/17/2021)

1 Exhibit(s) A

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ORDER - See Order for Specifics (Ordered by Judge Matthew J. Kacsmaryk on 3/4/2022) (vls) (Entered: 03/04/2022)

Unopposed MOTION to Stay Answer Deadline filed by Richard K Delmar, U.S. Department of the Treasury, United States of America, Janet Yellen (Attachments: # 1 Proposed Order) (Clendenen, Michael) (Entered: 03/08/2022)

1 Proposed Order

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ORDER granting 51 Motion to Stay. The Court STAYS Defendants' deadline to file an answer until resolution of parties' Motions for Summary Judgment (ECF Nos. 27, 44). Defendants' deadline to file an answer if applicable shall be 14 days after the Court rules on the outstanding Motions for Summary Judgment. (Ordered by Judge Matthew J. Kacsmaryk on 3/8/2022) (awc) (Entered: 03/08/2022)

OPINION AND ORDER: The Court GRANTS IN PART Plaintiffs' Motion and ENJOINS Defendants and any other agency or employee of the United States from enforcing Section 802(c)(2)(A) against Plaintiffs or recouping funds from Plaintiffs for a violation thereof. The Court DENIES Plaintiffs' request for declaratory relief. The Court DENIES Defendants' Motion. The Court DISMISSES WITHOUT PREJUDICE Count IV of Plaintiffs' Complaint as moot. To the extent allowed by law, Plaintiffs shall recover attorney's fees and related non-taxable expenses as the Court may hereafter award on timely motion. See FED. R. CIV. P. 54(d). re: 27 MOTION for Partial Summary Judgment; 44 MOTION for Summary Judgment. (Ordered by Judge Matthew J. Kacsmaryk on 4/8/2022) (awc) (Entered: 04/08/2022)

FINAL JUDGMENT: On April 8, 2020, the Court issued an Opinion and Order in this cause. Based on that document, the Court renders judgment as follows: The Court GRANTS IN PART Plaintiffs' Motion for Partial Summary Judgment (ECF No. 27) and PERMANENTLY ENJOINS Defendants and any other agency or employee of the United States from enforcing 42 U.S.C. § 802(c)(2)(A) against Plaintiffs or recouping any funds from Plaintiffs for a violation thereof; The Court DENIES Defendants' Motion for Summary Judgment (ECF No. 44); The Court DISMISSES WITHOUT PREJUDICE Count IV of Plaintiffs' Complaint as moot; To the extent allowed by law, Plaintiffs shall recover attorney's fees and related nontaxable expenses as the Court may hereafter award on a timely motion. See FED. R. CIV. P. 54(d); and The Court DENIES any relief sought by parties and not expressly granted in this Judgment. Judgment is rendered accordingly. (Ordered by Judge Matthew J. Kacsmaryk on 4/8/2022) (awc) (Entered: 04/08/2022)

NOTICE OF APPEAL to the Fifth Circuit by Richard K Delmar, U.S. Department of the Treasury, United States of America, Janet Yellen. 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. (Clendenen, Michael) (Entered: 06/06/2022)

USCA Case Number 22-10560 in USCA5 for 55 Notice of Appeal filed by Richard K Delmar, Janet Yellen, United States of America, U.S. Department of the Treasury. (awc) (Entered: 06/09/2022)

Transcript Order Form: re 55 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. (Clendenen, Michael) (Entered: 06/14/2022)

Record on Appeal for USCA5 22-10560 (related to 55 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. (awc) (Entered: 06/14/2022)