Case: Texas v. Becerra

U.S. Court of Appeals for the Fifth Circuit

COMPLAINT against All Defendants filed by Lubbock Independent School District, State of Texas. (Filing fee $402; Receipt number 0539-12448805) Clerk to issue summonses for federal and non-federal defendants. 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 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Cover Sheet) (Eldred, Charles) (Attachment 5 replaced on 12/13/2021) (krr). (Entered: 12/10/2021)

1 Exhibit(s) 1

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2 Exhibit(s) 2

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3 Exhibit(s) 3

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4 Exhibit(s) 4

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5 Cover Sheet

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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lubbock Independent School District, State of Texas. (Hilton, Amy) (Entered: 12/10/2021)

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. Clerk to provide copy to plaintiff if not received electronically. (krr) (Entered: 12/13/2021)

Summons' Issued as to All Defendants. (krr) (Main Document 4 replaced on 12/13/2021) (krr). (Entered: 12/13/2021)

MOTION for Leave to File Motion to Exceed Page Limit filed by Lubbock Independent School District, State of Texas (Attachments: # 1 Proposed Order, # (***DISREGARD ATTACHMENTS 2 AND 3; DOCUMENTS WILL BE FILED SEPARATELY***) # 4 Additional Page(s) Brief in Support, # 5 Exhibit(s) 1, # 6 Exhibit(s) 2, # 7 Exhibit(s) 3, # 8 Exhibit(s) 4, # 9 Exhibit(s) 5, # 10 Exhibit(s) 6, # 11 Exhibit(s) 7, # 12 Exhibit(s) 8, # 13 Exhibit(s) 9) (Hilton, Amy) Modified text on 12/14/2021 PER ATTORNEYS OFFICE (krr). (Entered: 12/14/2021)

MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by Lubbock Independent School District, State of Texas (Attachments: # 1 Proposed Order) (Hilton, Amy). Added MOTION for Preliminary Injunction on 12/14/2021 (twd). (Entered: 12/14/2021)

1 Proposed Order

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ELECTRONIC ORDER granting 5 Motion for Leave to File Brief in Excess of Page Limits. The clerk shall file the brief (Dkt. No. 5-4) as a separate docket entry with the exhibits to the brief as separate attachments. (Ordered by Judge James Wesley Hendrix on 12/14/2021) (chmb) (Entered: 12/14/2021)

Order on Motion for Leave to File

Plaintiff's Brief in Support of Motion for Temporary Restraining Order and Preliminary Injunction filed by Lubbock Independent School District, State of Texas re 6 MOTION for Temporary Restraining Order & Preliminary Injunction MOTION for Injunction . Exhibit 1, Exhibit 2, Exhibit 3, Exhibit 4, Exhibit 5, Exhibit 6, Exhibit 7, Exhibit 8, Exhibit 9 ) (lkw). PER 7 ORDER Modified text on 12/15/2021. Modified to individualize the exhibits per Judge JWH on 12/22/2021 (lkw). (Entered: 12/15/2021)

1 EXHIBITS 1-9

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ORDER: Before the Court is Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction. Dkt. No. 6. Plaintiffs seek a temporary restraining order and preliminary injunction enjoining the defendants from enforcing and implementing the Head Start mask and vaccine mandates. Id. Plaintiffs have not provided notice to thegovernment. Id. at 3 ("We hereby certify that it was not possible to confer because we donot yet know who has been assigned to defend Defendants."). Therefore, in compliance with Rule 65(b)(1), the Court orders Plaintiffs to brief:(1) what efforts, if any, Plaintiffs made to notify Defendants of their motion for temporary restraining order, and (2) the reasons why the Court should not require Plaintiffs to notify Defendants. The Court orders Plaintiffs to file the brief no later than December 16,2021 at 12:00 p.m. CST. Re: 6 MOTION for Temporary Restraining Order & Preliminary Injunction MOTION for Injunction (Ordered by Judge James Wesley Hendrix on 12/15/2021) (lkw) (Entered: 12/15/2021)

NOTICE of Plaintiffs' Advisory to the Court filed by Lubbock Independent School District, State of Texas (Hilton, Amy) (Entered: 12/15/2021)

ORDER: Before the Court is Plaintiffs Advisory to the Court. Dkt. No. 10. The Court orders plaintiffs on or before December 16, 2021 at 12:00 p.m. CST to provide to the Acting United States Attorney for the Northern District of Texas, Chad Meacham, and the Chief of the Civil Division for the Northern District of Texas, Scott Hogan, a copy of: (1) their Complaint, (2) their Motion for Temporary Restraining Order and Preliminary Injunction, (3) their Brief in support of the motion, and (4) this Order. Plaintiffs are also ordered to file a notice detailing their compliance with this Order on or before December 16, 2021 at 5:00 p.m. CST. Should the defendants wish to contest plaintiffs request for a temporary restraining order and preliminary injunction, they must submit a responsive brief on or before December 23, 2021. Plaintiffs may file a reply brief to any response on or before December 28, 2021 at 1:00 p.m. CST. (Ordered by Judge James Wesley Hendrix on 12/15/2021) (chmb) (Entered: 12/15/2021)

SUMMONS Returned Executed as to All Defendants. (Hilton, Amy) (Entered: 12/16/2021)

NOTICE of Plaintiffs' Advisory to the Court re: 11 Order,,, filed by Lubbock Independent School District, State of Texas (Attachments: # 1 Ex 1) (Hilton, Amy) (Entered: 12/16/2021)

NOTICE of Attorney Appearance by Michael Patrick Clendenen on behalf of Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. (Filer confirms contact info in ECF is current.) (Clendenen, Michael) (Entered: 12/16/2021)

ORDER: The Court orders the defendants to file a responsive brief due by 12/23/2021. Plaintiff may file a reply brief due on or before 12/28/2021 at 1:00 p.m. CST. The Court will hear any evidence or argument the parties wish to present on 12/30/2021 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge James Wesley Hendrix. (Ordered by Judge James Wesley Hendrix on 12/17/2021) (bdg) (Entered: 12/17/2021)

ELECTRONIC ORDER: Telephone Conference set for 12/21/2021 01:30 PM CST before Judge James Wesley Hendrix. At least one counsel for each party must attend. The conference will be non-substantive; the Court will discuss the upcoming hearing's logistics. The Court will circulate dial-in information to counsel via e-mail. (Ordered by Judge James Wesley Hendrix on 12/20/2021) (chmb) (Entered: 12/20/2021)

NOTICE of Attorney Appearance by Madeline Marie McMahon on behalf of Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. (Filer confirms contact info in ECF is current.) (McMahon, Madeline) (Entered: 12/20/2021)

MOTION to Produce Defendants' Administrative Record filed by Lubbock Independent School District, State of Texas (Attachments: # 1 Exhibit(s) 1, # 2 Proposed Order) (Hilton, Amy) (Entered: 12/20/2021)

NOTICE of Attorney Appearance by Christopher David Edelman on behalf of Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. (Filer confirms contact info in ECF is current.) (Edelman, Christopher) (Entered: 12/20/2021)

Order Setting Deadline/Hearing

ORDER: Before the Court is Plaintiffs Request for an Order Compelling Defendants Production of the Administrative Record. Dkt. No. 18 . Plaintiffs seek defendants production of the administrative record by December 23, 2021, arguing that the Court must review the record in order to decide whether the rule at issue is arbitrary or capricious. Id. Defendants are ordered to respond to plaintiffs motion by today, December 21, 2021 at 1:00 p.m. CST. (Ordered by Judge James Wesley Hendrix on 12/21/2021) (krr) (Entered: 12/21/2021)

RESPONSE filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services re: 18 MOTION to Produce Defendants' Administrative Record (Attachments: # 1 Exhibit(s), # 2 Exhibit(s)) (McMahon, Madeline) (Entered: 12/21/2021)

ELECTRONIC Minute Entry for proceedings held before Judge James Wesley Hendrix: Telephone Conference held on 12/21/2021. Attorney Appearances: Plaintiff - Charles Eldred/Jonathan Stone/Amy Wills/Amy Hilton; Defense - Michael Clendenen/Christopher Edelman/Madeline McMahon. (Court Reporter: Mechelle Daniel) (No exhibits) Time in Court - :30. (chmb) (Entered: 12/21/2021)

ORDER: Before the Court is Plaintiffs' Request for an Order Compelling Defendants' Production of the Administrative Record, along with defendants' response. Dkt. Nos. 18, 21. Plaintiffs seek defendants' production of the administrative record by December 23, 2021, arguing that the Court must review the record in order to decide whether the rule at issue is arbitrary and capricious. Dkt. No. 18. In opposition, defendants assert that the Court should resolve the motion for preliminary injunction before requiring production of the administrative record. Dkt. No. 21 at 1. Having considered both parties' arguments and the relevant law, the Court grants the motion in part. In compliance with the dictates of Section 706, binding precedent, and persuasive authority--and because the Court finds that the administrative record will prove helpful in resolving the parties' arguments--the Court will consider the administrative record. The Court recognizes, however, the expedited briefing schedule and accelerated timeline for resolution in light of the rules impending compliance and effective dates. Thus, Defendants shall file a copy of the administrative record for the Department of Health and Human Services' November 30, 2021 interim final rule, entitled "Vaccine and Mask Requirements to Mitigate the Spread of COVID-19 in Head Start Programs" on or before December 27, 2021 at 3:00 p.m. CDT. (Ordered by Judge James Wesley Hendrix on 12/21/2021) (lkw) (Entered: 12/21/2021)

MOTION for Leave to File Response Brief in Excess of Page Limits filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services (Attachments: # 1 Proposed Order, # 2 Additional Page(s) Brief in Response) (McMahon, Madeline) (Entered: 12/23/2021)

ELECTRONIC ORDER granting 24 Motion for Leave to File Response Brief in Excess of Page Limits. The clerk shall file the brief (Dkt. No. 24-2) as a separate docket entry. (Ordered by Judge James Wesley Hendrix on 12/27/2021) (bmh) (Entered: 12/27/2021)

DEFENDANT'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services (McMahon, Madeline) re: 6 MOTION for Temporary Restraining Order & Preliminary Injunction MOTION for Injunction. (bmh) (Entered: 12/27/2021)

Administrative Record consisting of Administrative Record Certificate and Index filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. (Attachments: # 1 Additional Page(s) 1-50, # 2 Additional Page(s) 51-52, # 3 Additional Page(s) 53-64, # 4 Additional Page(s) 65-85, # 5 Additional Page(s) 86-88, # 6 Additional Page(s) 89-94, # 7 Additional Page(s) 95-98, # 8 Additional Page(s) 99-104, # 9 Additional Page(s) 105-107, # 10 Additional Page(s) 108-128, # 11 Additional Page(s) 129-143, # 12 Additional Page(s) 144-169, # 13 Additional Page(s) 170-193, # 14 Additional Page(s) 194-222, # 15 Additional Page(s) 223-296, # 16 Additional Page(s) 297-304, # 17 Additional Page(s) 305-324, # 18 Additional Page(s) 325-370, # 19 Additional Page(s) 371-394, # 20 Additional Page(s) 395-396, # 21 Additional Page(s) 397-398, # 22 Additional Page(s) 399-409, # 23 Additional Page(s) 410-414, # 24 Additional Page(s) 415-419, # 25 Additional Page(s) 420-423, # 26 Additional Page(s) 424-443, # 27 Additional Page(s) 444-456, # 28 Additional Page(s) 457-463, # 29 Additional Page(s) 464-466, # 30 Additional Page(s) 467-469) (Clendenen, Michael) (Entered: 12/27/2021)

Administrative Record consisting of Administrative Record filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s), # 4 Additional Page(s), # 5 Additional Page(s), # 6 Additional Page(s), # 7 Additional Page(s), # 8 Additional Page(s), # 9 Additional Page(s), # 10 Additional Page(s)) (Clendenen, Michael) (Entered: 12/27/2021)

Administrative Record consisting of Administrative Record filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s), # 4 Additional Page(s), # 5 Additional Page(s), # 6 Additional Page(s), # 7 Additional Page(s), # 8 Additional Page(s), # 9 Additional Page(s), # 10 Additional Page(s), # 11 Additional Page(s), # 12 Additional Page(s), # 13 Additional Page(s), # 14 Additional Page(s), # 15 Additional Page(s), # 16 Additional Page(s), # 17 Additional Page(s), # 18 Additional Page(s), # 19 Additional Page(s), # 20 Additional Page(s)) (Clendenen, Michael) (Entered: 12/27/2021)

Administrative Record consisting of Administrative Record filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s), # 4 Additional Page(s), # 5 Additional Page(s), # 6 Additional Page(s), # 7 Additional Page(s), # 8 Additional Page(s), # 9 Additional Page(s), # 10 Additional Page(s)) (Clendenen, Michael) (Entered: 12/27/2021)

Administrative Record consisting of Administrative Record filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. (Attachments: # 1 Additional Page(s)) (Clendenen, Michael) (Entered: 12/27/2021)

Administrative Record consisting of Administrative Record filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s), # 4 Additional Page(s), # 5 Additional Page(s), # 6 Additional Page(s), # 7 Additional Page(s), # 8 Additional Page(s), # 9 Additional Page(s), # 10 Additional Page(s), # 11 Additional Page(s), # 12 Additional Page(s), # 13 Additional Page(s), # 14 Additional Page(s), # 15 Additional Page(s), # 16 Additional Page(s), # 17 Additional Page(s), # 18 Additional Page(s), # 19 Additional Page(s), # 20 Additional Page(s)) (Clendenen, Michael) (Entered: 12/27/2021)

Administrative Record consisting of Administrative Record filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s), # 4 Additional Page(s), # 5 Additional Page(s), # 6 Additional Page(s), # 7 Additional Page(s), # 8 Additional Page(s), # 9 Additional Page(s), # 10 Additional Page(s), # 11 Additional Page(s), # 12 Additional Page(s), # 13 Additional Page(s), # 14 Additional Page(s), # 15 Additional Page(s), # 16 Additional Page(s), # 17 Additional Page(s), # 18 Additional Page(s), # 19 Additional Page(s)) (Clendenen, Michael) (Entered: 12/27/2021)

Administrative Record consisting of Administrative Record filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s), # 4 Additional Page(s), # 5 Additional Page(s), # 6 Additional Page(s), # 7 Additional Page(s), # 8 Additional Page(s), # 9 Additional Page(s), # 10 Additional Page(s), # 11 Additional Page(s), # 12 Additional Page(s), # 13 Additional Page(s), # 14 Additional Page(s), # 15 Additional Page(s), # 16 Additional Page(s), # 17 Additional Page(s), # 18 Additional Page(s)) (Clendenen, Michael) (Entered: 12/27/2021)

Administrative Record consisting of Administrative Record filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s), # 4 Additional Page(s), # 5 Additional Page(s)) (Clendenen, Michael) (Entered: 12/27/2021)

Order on Motion for Leave to File

MOTION for Leave to File Motion to Exceed page limits filed by Lubbock Independent School District, State of Texas with Brief/Memorandum in Support. (Attachments: # 1 Plaintiffs reply, # 2 Appendix, # 3 Proposed Order) (Hilton, Amy) (Entered: 12/28/2021)

ELECTRONIC ORDER granting 36 Motion for Leave to File Motion to Exceed page limits. The clerk shall file the brief (Dkt. No. 36-2) as a separate docket entry. (Ordered by Judge James Wesley Hendrix on 12/28/2021) (bmh) (Entered: 12/28/2021)

PLAINTIFF'S REPLY IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION WITH BRIEF AND MEMORANDUM IN SUPPORT filed by Lubbock Independent School District, State of Texas (Hilton, Amy). (Attachments: # 1 Appendix: Memorandum in Support) (bmh) (Entered: 12/28/2021)

Order on Motion for Leave to File

NOTICE of Plaintiffs' Advisory to the Court filed by Lubbock Independent School District, State of Texas (Attachments: # 1 Exhibit(s) Exhibit List, # 2 Exhibit(s) 1, # 3 Exhibit(s) 2, # 4 Exhibit(s) 3, # 5 Exhibit(s) 4, # 6 Exhibit(s) 5, # 7 Exhibit(s) 6, # 8 Exhibit(s) 7, # 9 Exhibit(s) 8, # 10 Exhibit(s) 9, # 11 Exhibit(s) 10, # 12 Exhibit(s) 11, # 13 Exhibit(s) 12, # 14 Exhibit(s) 13, # 15 Exhibit(s) 14, # 16 Exhibit(s) 15, # 17 Exhibit(s) 16, # 18 Exhibit(s) 17, # 19 Exhibit(s) 18) (Hilton, Amy) (Entered: 12/29/2021)

ELECTRONIC Minute Entry for proceedings held before Judge James Wesley Hendrix: Motion Hearing held on 12/30/2021 re 6 Motion for TRO and Motion for Preliminary Injunction filed by State of Texas & Lubbock Independent School District. Arguments from both parties heard by the Court. Court will make ruling no later than January 3, 2022. Attorney Appearances: Plaintiff - Charles Eldred/Amy Wills/Amy Hilton; Defense - Madeline McMahon/Christopher Edelman. (Court Reporter: Mechelle Daniel) (Plfs' Exhibits 1-13 & 15-18 admitted/Plfs' Exhibit 14 not admitted, taken under advisement by the Court - All exhibits returned to party) Time in Court - 2:00. (chmb) (Entered: 12/30/2021)

Notice of Filing of Official Electronic Transcript of Motion Hearing Proceedings held on 12/30/2021 before Judge James Wesley Hendrix. Court Reporter/Transcriber Mechelle Daniel, Telephone number (806) 744-7667. 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. (95 pages) Redaction Request due 1/21/2022. Redacted Transcript Deadline set for 1/31/2022. Release of Transcript Restriction set for 3/31/2022. (kmd) (Entered: 12/31/2021)

MEMORANDUM OPINION AND ORDER: The Court grants the plaintiffs motion for a preliminary injunction 6 . The Court orders that defendants are preliminarily enjoined from implementing and enforcing the Interim Final Rule with Comment Period, Vaccine a nd Mask Requirements to Mitigate the Spread of COVID-19 in Head Start Programs, 86 Fed. Reg. 68,052 (Nov. 30, 2021), in the state of Texas pending a trial on the merits of this action or until further order of this Court. Defendants shall immediately cease all implementation or enforcement of the Interim Final Rule with Comment Period as to any Head Start program within the State of Texas. Because defendants have appeared and the Court conducted a hearing on plaintiffs motion 6 , Federal Rule o f Civil Procedure 65(b) no longer applies. See e.g., New England Health Care, Emps. Union, Dist. 1199, SEIU/AFL-CIO v. Rowland, 170 F. Supp. 2d 199, 201 n.2 (D. Conn. 2001) (denying TRO as moot in light of the hearing on the preliminary motion). Ther efore, the Court denies 6 plaintiffs request for a temporary restraining order as moot.The Court further orders that no security bond shall be required under Federal Rule of Civil Procedure 65(c). (Ordered by Judge James Wesley Hendrix on 12/31/2021) (egp)

Motion for Extension of Time to File Answer or Otherwise Respond to Complaint filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services (Clendenen, Michael) (Entered: 02/08/2022)

ORDER: Before the Court is the Defendants Motion for an Extension of Time to Answer or Otherwise Respond to Complaint. Dkt. No. 43 . For the reasons stated in the motion, the Court finds good cause and grants the motion. The defendants shall file a response to the plaintiffs complaint by no later than March 16, 2022. (Ordered by Judge James Wesley Hendrix on 2/10/2022) (krr) (Entered: 02/10/2022)

ORDER: On December 31, 2021, the Court issued a memorandum opinion and order granting the plaintiffs motion for a preliminary injunction. The defendants deadline to appeal the preliminary injunction expired on March 1, 2022. Thus, there will be no appeal of the preliminary injunction, and the case remains in this Court. Defendants answer to the complaint is due no later than March 16, 2022. Dkt. No. 44. Given that the Court received extensive briefing, evidence, and oral argument during the preliminary-injunction proceedings, the Court also orders the parties to file a joint status report no later than March 16, 2022. The parties must inform the Court how they propose to proceed. To the extent the parties disagree, the joint report should explain each sides proposal. Following the answer and joint status report, the Court will issue an appropriate order. (Ordered by Judge James Wesley Hendrix on 3/2/2022) (lkw) (Entered: 03/02/2022)

Joint STATUS REPORT filed by State of Texas. (Eldred, Charles) (Entered: 03/16/2022)

NOTICE of Filing Supplement to Administrative Record filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services (Attachments: # 1 Additional Page(s) Supplemental Certification of Administrative Record Documents, # 2 Additional Page(s) Supplemental Administrative Record Document) (Clendenen, Michael) (Entered: 03/16/2022)

MOTION to Dismiss for Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim() filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services (McMahon, Madeline) (Entered: 03/16/2022)

MOTION for Summary Judgment filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services (McMahon, Madeline) (Entered: 03/16/2022)

Unopposed MOTION for Leave to File Brief in Support of Motion to Dismiss, or in the Alternative, Motion for Summary Judgment in Excess of Page Limits filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services with Brief/Memorandum in Support. (Attachments: # 1 Additional Page(s) Brief) (McMahon, Madeline) (Entered: 03/16/2022)

ORDER granting 50 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge James Wesley Hendrix on 3/18/2022) (krr) (Entered: 03/18/2022)

DEFENDANTS' BRIEF RE: 50 Unopposed MOTION for Leave to File Brief in Support. (krr) (Entered: 03/18/2022)

ORDER: Before the Court is the Parties' Joint Status Report. Dkt. No. 46 . Because the parties informed the Court that they do not intend to engage in discovery (id. at 1), no discovery deadlines will be set at this time. The Court enters the following briefing schedule in accordance with the parties' request: Dispositive Motions Deadline: 04/13/2022. Response Deadline: 05/04/2022. Reply Deadline: 05/18/2022. (Ordered by Judge James Wesley Hendrix on 3/18/2022) (krr) (Entered: 03/18/2022)

MOTION for Summary Judgment filed by Lubbock Independent School District, State of Texas with Brief/Memorandum in Support. (Attachments: # 1 Brief in Support)Attorney Amy S Hilton added to party State of Texas(pty:pla) (Hilton, Amy) (Entered: 04/13/2022)

1 Brief in Support

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Appendix in Support filed by Lubbock Independent School District, State of Texas re 54 MOTION for Summary Judgment (Hilton, Amy) (Entered: 04/13/2022)

ADDITIONAL ATTACHMENTS to 55 Appendix in Support by Plaintiffs Lubbock Independent School District, State of Texas. (Hilton, Amy) (Entered: 04/14/2022)

NOTICE of CORRECTION OF ADMINISTRATIVE RECORD FILED ON DOCKET filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services (Attachments: # 1 Additional Page(s)) (Clendenen, Michael) (Entered: 04/18/2022)

RESPONSE filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services re: 54 MOTION for Summary Judgment (McMahon, Madeline) (Entered: 05/04/2022)

Brief/Memorandum in Support filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services re 58 Response/Objection, (McMahon, Madeline) (Entered: 05/04/2022)

RESPONSE filed by Lubbock Independent School District, State of Texas re: 48 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim, 49 MOTION for Summary Judgment (Hilton, Amy) (Entered: 05/04/2022)

Brief/Memorandum in Support filed by Lubbock Independent School District, State of Texas re 60 Response/Objection to Defendants' Motion to Dismiss and Motion for Summary Judgment (Attachments: # 1 Prop Order) (Hilton, Amy) (Entered: 05/04/2022)

1 Prop Order

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Appendix in Support filed by Lubbock Independent School District, State of Texas re 61 Brief/Memorandum in Support of Motion (Hilton, Amy) (Entered: 05/04/2022)

REPLY filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services re: 48 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim, 49 MOTION for Summary Judgment (McMahon, Madeline) (Entered: 05/18/2022)

REPLY filed by Lubbock Independent School District, State of Texas re: 54 MOTION for Summary Judgment (Hilton, Amy) (Entered: 05/18/2022)

NOTICE of Supplemental Authority filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services (Attachments: # 1 Exhibit(s) Supplemental Authority) (Clendenen, Michael) (Entered: 05/20/2022)

RESPONSE filed by Lubbock Independent School District, State of Texas re: 65 Notice (Other), (Eldred, Charles) (Entered: 05/26/2022)

NOTICE of Supplemental Authority in Support of Their Motion for Summary Judgment filed by State of Texas (Attachments: # 1 Judgment Louisiana case, # 2 Opinion Louisiana case) (Eldred, Charles) Modified text on 9/23/2022 (bdg). (Entered: 09/23/2022)

NOTICE of Final Rule Addressing Masking Requirement filed by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services (Attachments: # 1 Exhibit(s) A) (Edelman, Christopher) (Entered: 01/13/2023)

1 Exhibit(s) A

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MEMORANDUM OPINION AND ORDER: Because LISD and Texas have standing, the Secretary did not have statutory authority to promulgate the Rule, the Rule violates procedural requirements, and the Rule is arbitrary and capricious, the Court grants the pl aintiffs' motion for summary judgment (Dkt. No. 54 ). The defendants' motion to dismiss (Dkt. No. 48 ) and motion for summary judgment (Dkt. No. 49 ) are denied. The Court sets aside and vacates the Interim Final Rule. The Court either does not reach or denies all other requested relief. The Court will enter a final judgment, including a seven-day administrative stay, by separate order. (Ordered by Judge James Wesley Hendrix on 3/31/2023) (bmh)

FINAL JUDGMENT : For the reasons set out in the Court's Memorandum Opinion and Order on March 31, 2023, it is hereby ordered and adjudged that the plaintiffs' motion for summary judgment (Dkt. No. 54) is granted. The defendants motion to dismiss (Dkt. No. 48) and motion for summary judgment (Dkt. No. 49) are denied. The clerk is directed to close the case. (Ordered by Judge James Wesley Hendrix on 3/31/2023) (bmh) (Entered: 03/31/2023)

NOTICE OF APPEAL as to 70 Judgment, to the Fifth Circuit by Administration for Children and Families, Xavier Becerra, Joseph R Biden, Jooyuen Chang, Bernadine Futrell, Katie Hamm, Office of Early Childhood Development, Office of Head Start, United States Department of Health and Human Services. 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. (Edelman, Christopher) (Entered: 05/26/2023)

USCA Case Number 23-10564 in USCA Fifth Circuit for 71 Notice of Appeal filed by Bernadine Futrell, Office of Early Childhood Development, Office of Head Start, Katie Hamm, Administration for Children and Families, Joseph R Biden, Jooyuen Chang, United States Department of Health and Human Services, Xavier Becerra. (bdg)

Electronic Copy of Admitted Hearing or Trial Exhibit(s) re 71 Notice of Appeal filed by State of Texas (Attachments: # 1 Exhibit(s) Exhibit 1, # 2 Exhibit(s) Exhibit 2, # 3 Exhibit(s) Exhibit 3, # 4 Exhibit(s) Exhibit 4, # 5 Exhibit(s) Exhibit 5, # 6 Exhibit(s) Exhibit 6, # 7 Exhibit(s) Exhibit 7, # 8 Exhibit(s) Exhibit 8, # 9 Exhibit(s) Exhibit 9, # 10 Exhibit(s) Exhibit 10, # 11 Exhibit(s) Exhibit 11, # 12 Exhibit(s) Exhibit 12, # 13 Exhibit(s) Exhibit 13, # 14 Exhibit(s) Exhibit 14, # 15 Exhibit(s) Exhibit 15, # 16 Exhibit(s) Exhibit 16, # 17 Exhibit(s) Exhibit 17, # 18 Exhibit(s) Exhibit 18) (Eldred, Charles) Modified on 7/28/2023 (bmh). (Entered: 07/28/2023)

Record on Appeal for USCA5 23-10564 (related to 71 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 1 Volume(s) electronic transcript,. 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. (bmh)

ORDER of USCA as to 71 Notice of Appeal filed by Bernadine Futrell, Office of Early Childhood Development, Office of Head Start, Katie Hamm, Administration for Children and Families, Joseph R Biden, Jooyuen Chang, United States Department of Health and Human Services, Xavier Becerra. IT IS ORDERED that appellants' opposed motion to vacate the District Court judgment as moot is DENIED to the extent it is opposed. Appellees agree that the portion of the final judgment remanding the case back to the agency... may be properly vacated. (Attachments: # 1 USCA Letter) (bmh) (Entered: 02/02/2024)

1 USCA Letter

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