Case: State of Texas v. Biden

COMPLAINT against All Defendants (Filing fee $ 402 receipt number ATXSDC-27734350) filed by Texas, State of. (Attachments: # 1 Civil Cover Sheet)(Hilton, Christopher) (Entered: 02/10/2022)

1 Civil Cover Sheet

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Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons)(Hilton, Christopher) (Entered: 02/11/2022)

Summons Issued as to Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by NEF, filed. (Attachments: # 1 Biden AG, # 2 Biden USAO, # 3 DOL, # 4 DOL AG, # 5 DOL USAO, # 6 Walsh, # 7 Walsh AG, # 8 Walsh USAO, # 9 Looman, # 10 Looman AG, # 11 Looman USAO)(CarrieDickie, 6) (Entered: 02/14/2022)

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/12/2022 at 11:00 AM by video before Judge Drew B Tipton.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 02/15/2022)

RETURN of Service of SUMMONS Executed as to All Defendants, filed. (Attachments: # 1 Executed Summons, # 2 Executed Summons, # 3 Executed Summons, # 4 Executed Summons, # 5 Executed Summons, # 6 Executed Summons, # 7 Executed Summons, # 8 Executed Summons, # 9 Executed Summons, # 10 Executed Summons, # 11 Executed Summons)(Hilton, Christopher) (Entered: 02/15/2022)

NOTICE of Appearance by Daniel D. Hu on behalf of Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. (Hu, Daniel) (Entered: 02/25/2022)

MOTION for Justin M. Sandberg to Appear Pro Hac Vice by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. Motion Docket Date 3/18/2022. (Hu, Daniel) (Entered: 02/25/2022)

MOTION for Taisa M. Goodnature to Appear Pro Hac Vice by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. Motion Docket Date 3/18/2022. (Hu, Daniel) (Entered: 02/25/2022)

ORDER granting 7 Motion for Justin M. Sandberg to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 02/28/2022)

ORDER granting 8 Motion for Taisa M. Goodnature to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 02/28/2022)

NOTICE of Appearance by Taisa M. Goodnature on behalf of Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. (Goodnature, Taisa) (Entered: 03/02/2022)

NOTICE of Appearance by Justin M. Sandberg on behalf of Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. (Sandberg, Justin) (Entered: 03/21/2022)

Joint MOTION for Extension of Time To Respond To Complaint And To Adjourn Scheduling Conference by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. Motion Docket Date 4/15/2022. (Attachments: # 1 Certificate of Service, # 2 Proposed Order)(Goodnature, Taisa) (Entered: 03/25/2022)

CERTIFICATE OF INTERESTED PARTIES by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. (Attachments: # 1 Certificate of Service)(Goodnature, Taisa) (Entered: 03/28/2022)

CERTIFICATE OF INTERESTED PARTIES by State Of Louisiana, State Of Texas, State of Mississippi, filed.(Hilton, Christopher) (Entered: 03/28/2022)

ORDER granting 13 Joint MOTION for Extension of Time To Respond To Complaint And To Adjourn Scheduling Conference. Defendants shall file a response to the Complaint by 4/29/2022. Initial Conference set for 6/7/2022 at 02:00 PM before Judge Drew B Tipton. (Signed by Judge Drew B Tipton) Parties notified.(CarrieDickie, 6) (Entered: 03/29/2022)

***Answer due for Joseph R. Biden 4/29/2022; Department Of Labor 4/29/2022; Jessica Looman 4/29/2022; Martin J. Walsh 4/29/2022 per 16 Order. (CarrieDickie, 6)

Set/Reset Answer Deadline

MOTION for John V. Coghlan to Appear Pro Hac Vice by State of Mississippi, filed. Motion Docket Date 4/22/2022. (Attachments: # 1 Judge's Procedures)(Hilton, Christopher) (Entered: 04/01/2022)

ORDER granting 17 Motion for John Coghlan to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 04/01/2022)

MOTION for Elizabeth Baker Murrill to Appear Pro Hac Vice by State Of Texas, filed. Motion Docket Date 4/28/2022. (Attachments: # 1 Judge's Procedures)(Hilton, Christopher) (Entered: 04/07/2022)

MOTION for Joseph Scott St. John to Appear Pro Hac Vice by State Of Texas, filed. Motion Docket Date 4/28/2022. (Attachments: # 1 Judge's Procedures)(Hilton, Christopher) (Entered: 04/07/2022)

MOTION for Elisabeth Daigle to Appear Pro Hac Vice by State Of Texas, filed. Motion Docket Date 4/28/2022. (Attachments: # 1 Judge's Procedures)(Hilton, Christopher) (Entered: 04/07/2022)

ORDER granting 19 Motion for Elizabeth Baker Murrill to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 04/08/2022)

ORDER granting 20 Motion for Joseph Scott St. John to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 04/08/2022)

ORDER granting 21 Motion for Elisabeth Daigle to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 04/08/2022)

Unopposed MOTION for Leave to File Excess Pages by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. Motion Docket Date 5/18/2022. (Attachments: # 1 Proposed Order)(Goodnature, Taisa) (Entered: 04/27/2022)

ORDER granting 25 Motion for Leave to File Excess Pages.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 04/28/2022)

MOTION to Dismiss 1 Complaint or for Summary Judgment by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. Motion Docket Date 5/20/2022. (Attachments: # 1 Proposed Order)(Goodnature, Taisa) (Entered: 04/29/2022)

NOTICE of Filing of Certified Index of Administrative Record by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. (Attachments: # 1 Certified Index of the Administrative Record)(Goodnature, Taisa) (Entered: 04/29/2022)

MOTION for Leave to File Proposed Amicus Brief by State of Illinois, filed. Motion Docket Date 5/26/2022. (Attachments: # 1 Proposed Order, # 2 Proposed Brief of Amici Curiae, # 3 Cover Letter, # 4 Envelope)(BrittanyBoniface, 6) Modified on 5/9/2022 (BrittanyBoniface, 6). (Entered: 05/05/2022)

1 Proposed Order

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2 Proposed Brief of Amici Curiae

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3 Cover Letter

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4 Envelope

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MOTION for Darren Kinkead to Appear Pro Hac Vice by State of Illinois, filed. Motion Docket Date 5/26/2022. (BrittanyBoniface, 6) Modified on 5/9/2022 (BrittanyBoniface, 6). (Entered: 05/05/2022)

MOTION for JoAnn Kintz to Appear Pro Hac Vice by Texas AFL-CIO, National Employment Law Project, Communications Workers of America, Service Employees International Union, National Women's Law Center, Economic Policy Institute, EveryTexan, Indiana Community Action Poverty Institute, filed. Motion Docket Date 5/26/2022. (Kintz, JoAnn) (Entered: 05/05/2022)

MOTION for Sean Lev to Appear Pro Hac Vice by Communications Workers of America, Economic Policy Institute, EveryTexan, Indiana Community Action Poverty Institute, National Employment Law Project, National Women's Law Center, Service Employees International Union, Texas AFL-CIO, filed. Motion Docket Date 5/26/2022. (Lev, Sean) (Entered: 05/05/2022)

ORDER granting 29 Motion for Leave to File.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 05/05/2022)

ORDER granting 30 Motion for Darren Kinkead to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 05/05/2022)

AMICUS BRIEF in Support of Defendants re: 27 MOTION to Dismiss 1 Complaint or for Summary Judgment by State of Illinois, filed.(BrittanyBoniface, 6) (Entered: 05/05/2022)

ORDER granting 32 Motion for Sean Lev to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(MaraGonzales, 2) (Entered: 05/06/2022)

MOTION for Leave to File Amici Curiae Brief by Communications Workers of America, Economic Policy Institute, EveryTexan, Indiana Community Action Poverty Institute, National Employment Law Project, National Women's Law Center, Service Employees International Union, Texas AFL-CIO, Southwest Laborers' District Council, filed. Motion Docket Date 5/27/2022. (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order)(Lev, Sean) (Entered: 05/06/2022)

ORDER granting 31 Motion for JoAnn Kintz to Appear Pro Hac Vice.(Signed by Judge Drew B Tipton) Parties notified.(JessieHutchinson, 2) (Entered: 05/06/2022)

ORDER granting 37 Motion for Leave to File.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 05/09/2022)

AMICUS BRIEF in Support re: 27 MOTION to Dismiss 1 Complaint or in the Alternative Motion for Summary Judgment by Communications Workers of America, Economic Policy Institute, EveryTexan, Indiana Community Action Poverty Institute, National Employment Law Project, National Women's Law Center, Service Employees International Union, Southwest Laborers' District Council, Texas AFL-CIO, filed.(BrittanyBoniface, 6) (Entered: 05/09/2022)

Joint MOTION for Extension of Time for Plaintiffs' Opposition and Defendants' Reply by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. Motion Docket Date 6/2/2022. (Attachments: # 1 Proposed Order)(Goodnature, Taisa) (Entered: 05/12/2022)

ORDER granting 41 Motion for Extension of Time for Plaintiffs' Opposition and Defendants' Reply. (Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 05/12/2022)

JOINT DISCOVERY/CASE MANAGEMENT PLAN by State Of Texas, filed.(Corbello, Courtney) (Entered: 05/24/2022)

Joint PROPOSED ORDER Scheduling Recommendations, filed.(Corbello, Courtney) (Entered: 05/24/2022)

NOTICE of Resetting. Parties notified. Initial Conference reset for 6/6/2022 at 02:30 PM before Judge Drew B Tipton, filed. Zoom link will be emailed to parties. All other participants may use the dial in instructions: Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) +1 669 216 1590 US (San Jose) +1 551 285 1373 US Meeting ID: 160 994 8471 Passcode: 754354. (KelliePapaioannou, 2) (Entered: 05/31/2022)

Minute Entry for proceedings held before Judge Drew B Tipton. SCHEDULING CONFERENCE held on 6/6/2022. Briefing Order to be issued. Appearances: Daniel David Hu, Taisa M. Goodnature, Joseph Scott StJohn, Courtney Brooke Corbello, Amy Snow Hilton, John V. Coghlan.(Digital # 2:34-2:43)(ERO:Nina Avila), filed.(KelliePapaioannou, 2)

Scheduling Conference

SCHEDULING ORDER. Motions to Add New Parties due by 6/20/2022. Motions for Leave to Amend Pleadings due by 6/20/2022. Deadline for the Plaintiffs to file (1) a response to Defendant's Motion to Dismiss and Motion for Summary Judgment 27 and (2) any Cross-Motion for Summary Judgment by 7/8/2022. Deadline for the Defendants to file (1) a response to Plantiff's Cross-Motion for Summary Judgment and (2) any reply in support of their Motion to Dismiss/Motion for Summary Judgment 27 by 8/12/2022. Deadline for Plaintiffs to file a reply in support of their Cross-Motion for Summary Judgment by 8/26/2022.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 06/07/2022)

Unopposed MOTION to Exceed Word Limits by State Of Louisiana, State Of Texas, State of Mississippi, filed. Motion Docket Date 7/27/2022. (Attachments: # 1 Proposed Order)(Hilton, Amy) (Entered: 07/06/2022)

ORDER granting 47 Motion to Exceed Word Limit.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 07/07/2022)

RESPONSE to 27 MOTION to Dismiss 1 Complaint or for Summary Judgment, filed by State Of Louisiana, State Of Texas, State of Mississippi. (Attachments: # 1 Appendix)(Hilton, Amy) (Entered: 07/09/2022)

1 Appendix

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MOTION for Pierce Smith to Appear Pro Hac Vice by State Of Texas, filed. Motion Docket Date 8/9/2022. (Smith, Pierce) (Entered: 07/19/2022)

ORDER granting 50 Motion for Pierce Smith to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 07/20/2022)

MOTION for Justin L. Matheny to Appear Pro Hac Vice by State of Mississippi, filed. Motion Docket Date 8/15/2022. (Attachments: # 1 Exhibit Letter to Court Administrator)(Matheny, Justin) (Entered: 07/25/2022)

ORDER granting 52 Motion for Justin Matheny to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 07/27/2022)

MOTION for John V. Coghlan to Withdraw as Attorney by State of Mississippi, filed. Motion Docket Date 8/18/2022. (Attachments: # 1 Proposed Order)(Coghlan, John) (Entered: 07/28/2022)

ORDER granting 54 Motion to Withdraw as Attorney. Attorney John V. Coghlan terminated.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) (Entered: 07/29/2022)

Unopposed MOTION to Exceed Word Limits by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. Motion Docket Date 8/31/2022. (Attachments: # 1 Proposed Order)(Goodnature, Taisa) (Entered: 08/10/2022)

ORDER Granting 56 Unopposed MOTION to Exceed Word Limits.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 08/10/2022)

REPLY in Support of 27 MOTION to Dismiss 1 Complaint or for Summary Judgment, filed by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh. (Goodnature, Taisa) (Entered: 08/12/2022)

NOTICE of Withdrawal of Counsel by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. (Sandberg, Justin) (Entered: 08/18/2022)

Unopposed MOTION Exceed Word Limits by State Of Louisiana, State Of Texas, State of Mississippi, filed. Motion Docket Date 9/14/2022. (Attachments: # 1 Prop Order)(Hilton, Amy) (Entered: 08/24/2022)

ORDER granting 60 Motion to Exceed Word Limits..(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 08/25/2022)

REPLY to 58 Reply in Support of Motion for Summary Judgment, filed by State Of Louisiana, State Of Texas, State of Mississippi. (Hilton, Amy) (Entered: 08/26/2022)

NOTICE of Errata re: 58 Reply in Support of Motion by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. (Goodnature, Taisa) (Entered: 09/29/2022)

NOTICE of Supplemental Authority by State Of Louisiana, State Of Texas, State of Mississippi, filed. (Hilton, Amy) (Entered: 12/22/2022)

RESPONSE to 64 Notice (Other) of Supplemental Authority, filed by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh. (Goodnature, Taisa) (Entered: 12/28/2022)

NOTICE of Supplemental Authority by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. (Attachments: # 1 Appendix)(Goodnature, Taisa) (Entered: 01/11/2023)

1 Appendix

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MEMORANDUM OPINION AND ORDER granting in part and denying in part 27 MOTION to Dismiss 1 Complaint or for Summary Judgment; granting in part and denying in part 49 Plaintiffs' Cross-Motion for Summary Judgment. (Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2)

FINAL JUDGMENT. The Court STAYS the effect of this Final Judgment for seven days from the date of entry to allow the Defendants to seek relief at the appellate level. Case terminated on 9/26/2023(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 09/26/2023)

NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 68 Final Judgment, 67 Memorandum and Opinion, by Joseph R. Biden, Department Of Labor, Jessica Looman, Martin J. Walsh, filed. (Goodnature, Taisa) (Entered: 11/22/2023)

Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 69 Notice of Appeal. Fee status: GOV. Reporter(s): ERO, filed. (Attachments: # 1 Notice of Appeal) (BrittanyBoniface, 6) (Entered: 11/27/2023)

Appeal Review Notes

Appeal Review Notes re: 69 Notice of Appeal. Fee status: GOV. The appellant is a U.S. government agency, and no fee is required.Hearings were held in the case. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal. Number of DKT-13 Forms expected: 1, filed.(BrittanyBoniface, 6)

USCA Case Number

Notice of Assignment of USCA No. 23-40671 re: 69 Notice of Appeal, filed.(BrittanyBoniface, 6)

DKT13 TRANSCRIPT ORDER REQUEST by Defendants-Appellants. Transcript is unnecessary for appeal purposes This order form relates to the following: 69 Notice of Appeal, filed. (Goodnature, Taisa) (Entered: 11/29/2023)

Remark (*PUBLIC ENTRY)

ROA requested from USCA, due on 12/21/2023, filed. (BrittanyBoniface, 6)

Transmittal of Appeal (FORM, noticing) - Civil

Electronic Record on Appeal Certified

Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 69 Notice of Appeal USCA No. 23-40671, filed.(BrittanyBoniface, 6)

Electronic Access to Record on Appeal Provided re: 69 Notice of Appeal to Michael Abrams and James Mackenzie for the State of Texas, and Daniel Wink for Joseph R. Biden, Department Of Labor, Jessica Looman, and Martin J. Walsh. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 23-40671), filed.(BrittanyBoniface, 6)

Transmittal of Appeal (FORM, noticing) - Civil

Electronic Access to Record on Appeal Provided re: 69 Notice of Appeal to Amy Hilton and Justin Matheny attorneys for Appelles. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 23-40671), filed.(BrittanyBoniface, 6)

Transmittal of Appeal (FORM, noticing) - Civil

Electronic Access to Record on Appeal Provided re: 69 Notice of Appeal to Elizabeth Murrill for Appellee State of Louisiana. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 23-40671), filed.(BrittanyBoniface, 6)

Transmittal of Appeal (FORM, noticing) - Civil

Electronic Access to Record on Appeal Provided re: 69 Notice of Appeal to Benjamin Prengler for Appellee State of Texas. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 23-40671), filed.(BrittanyBoniface, 6)

Unopposed MOTION for Christopher D. Hilton, Courtney Corbello, Halie Daniels, Pierce Smith to Withdraw as Attorney by State Of Texas, filed. Motion Docket Date 2/20/2024. (Hilton, Amy) (Entered: 01/30/2024)

NOTICE of filing Proposed Order re: 72 Unopposed MOTION for Christopher D. Hilton, Courtney Corbello, Halie Daniels, Pierce Smith to Withdraw as Attorney by State Of Texas, filed. (Hilton, Amy) (Entered: 01/30/2024)

ORDER granting 72 Motion to Withdraw as Attorney. Attorney Christopher D. Hilton; Pierce Nicholas Vail Smith; Courtney Corbello and Halie Elizabeth Daniels terminated.(Signed by Judge Drew B Tipton) Parties notified.(KelliePapaioannou, 2) (Entered: 01/30/2024)

Transmittal of Appeal (FORM, noticing) - Civil

Electronic Access to Record on Appeal Provided re: 69 Notice of Appeal to Sarah Hunger for Amicus Curiae states and Brianne Gorod for Amicus Curiae Constitutional Accountability Center. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 23-40671), filed.(BrittanyBoniface, 6)

Transmittal of Appeal (FORM, noticing) - Civil

Electronic Access to Record on Appeal Provided re: 69 Notice of Appeal to Brooke Menschel for Amicus Curiae parties Texas AFL-CIO, Every Texan, Southwest Laborers' District Council, National Employment Law Project, Communications Workers of America, AFL-CIO, Service Employees International Union, National Women's Law Center, Economic Policy Institute. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 23-40671), filed.(BrittanyBoniface, 6)

Transmittal of Appeal (FORM, noticing) - Civil

Electronic Access to Record on Appeal Provided re: 69 Notice of Appeal to Jorge Aguinaga for Appellee State of Louisiana. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 23-40671), filed.(BrittanyBoniface, 6)