Case: State of Texas v. Department of Justice

5:23-cv-00034 | U.S. District Court for the Northern District of Texas

Filed Date: Feb. 15, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about whether the Consolidated Appropriations Act of 2023 (HR 2617), as approved by the House of Representatives and signed by the President, was enacted lawfully and should be considered valid. The lawsuit challenged two particular provisions of HR 2617: (1) the Pregnant Workers Fairness Act, which would require employers to provide reasonable accommodations to workers' limitations related to pregnancy, childbirth, and related medical conditions, and (2) the DHS Alternatives to …

This is a case about whether the Consolidated Appropriations Act of 2023 (HR 2617), as approved by the House of Representatives and signed by the President, was enacted lawfully and should be considered valid. The lawsuit challenged two particular provisions of HR 2617: (1) the Pregnant Workers Fairness Act, which would require employers to provide reasonable accommodations to workers' limitations related to pregnancy, childbirth, and related medical conditions, and (2) the DHS Alternatives to Detention pilot program, which would release undocumented immigrants into the interior of the United States based on a promise for them to appear at future immigration-court proceedings, when they would otherwise be detained by ICE. 

On February 15, 2023, the State of Texas brought this case in the United States District Court for the Northern District of Texas under 28 USC § 1361 and 42 USC § 1983, alleging that the amendments to HR 2617 violated the Quorum Clause of the Constitution, which only allows the House to pass a bill if a majority of its members are present. The State sued six federal executive agencies: the Department of Justice (DOJ), Department of Homeland Security (DHS), Customs and Border Enforcement (CBP), Office of Civil Rights and Civil Liberties (CRCL), Equal Employment Opportunity Commission (EEOC), and Federal Emergency Management Agency (FEMA). In their individual capacities, the State sued President Joseph Biden, the DHS Secretary, and the FEMA Administrator. And in their official capacities, the State sued the US Attorney General, the Immigration and Customs Enforcement (ICE) Acting Director, a CRCL Official, the EEOC General Counsel, and four other EEOC members. The State sought declaratory relief that the Act was unconstitutional, and preliminary and permanent injunctive relief preventing the Pregnant Workers Fairness Act from being enforced against Texas, and preventing the defendants from funding and operating the DHS Alternatives to Detention pilot program. The case was assigned to US District Judge James Wesley Hendrix.

Texas claimed that the Pregnant Workers Fairness Act infringed upon its sovereign immunity by subjecting the State to liability and costs from both private individuals and the federal government. The State claimed it would be forced to indulge unreasonable demands related to pregnancy accommodations, because it would have to accommodate pregnant employees to the same extent as was required for disabled employees under the ADA. The State alleged that pregnancy accommodations did not rise to the level of equal protection or due process under the Fourteenth Amendment. Texas also claimed that funding the DHS Alternatives to Detention pilot program would harm the State's economic and sovereign interests, by causing Texas to spend additional money on social programs for undocumented immigrants on top of the billions of dollars it already spent for those immigrants' healthcare and education. It claimed that the pilot program would incentivize further illegal immigration by encouraging undocumented immigrants to seek additional access to social programs, thereby reducing wages for Texas's legal residents and increasing the amount of crime in the State. Texas also claimed that HR 2617 did not meet the requirements of a quorum when it was passed, because there was no in-person presence of a majority at the time of voting. On December 23, 2022, only 201 representatives were there in person to vote instead of the requisite 218, because absent representatives appointed other representatives as proxies, which Texas argued was an unconstitutional method to ascertain the presence of a majority.

On February 27, 2023, the defendants moved to transfer the case to the US District Court for the District of Columbia, where the defendants resided, or the Austin Division of the US District Court for the Western District of Texas, where the plaintiff resided. The defendants claimed that the selected venue was improper, because (1) no event took place in the Northern District of Texas, (2) neither the plaintiff nor the defendants resided in the district, and (3) forum shopping would undermine public confidence in the administration of justice. On March 2, 2023, the defendants moved to stay the case pending resolution of the motion to transfer, which the court granted in part on March 6, 2023, staying the deadline for the defendants to respond to the complaint.

On July 28, 2023, the court denied the motion to transfer the case. The court held that it was an established rule that the plaintiff was allowed to choose between multiple appropriate venues where to file a lawsuit, although it could have also brought this case in Austin or Washington DC. Additionally, the state of Texas resided in more places than just its capital, there was no clear evidence that a transfer would better serve the convenience of the parties and witnesses, and the arguments concerning the interests of justice rested on flawed premises that contradicted the defendants' own assertion that the chosen court could fairly and impartially resolve the case. 2023 WL 4851893.

On April 4, 2023, Texas moved for a preliminary injunction to prevent enforcement of the entirety of the Consolidated Appropriations Act of 2023. Ten Republican members of Congress subsequently filed an amicus brief in support of this motion. On April 6, 2023, the defendants moved to stay any deadlines related to the motion for preliminary injunction. The court denied the stay on April 17, 2023, but granted their alternative request to extend the defendants’ response deadline.

On May 4, 2023, the defendants moved to dismiss the case.

On October 20, 2023, the court consolidated the plaintiff's motion for a preliminary injunction and the defendant's motions to dismiss. The court decided to consider the two motions simultaneously with an expedited bench trial on the merits. On November 20, 2023, the court set the date of the trial and motion hearing to begin on January 22, 2024.

The bench trial occurred on January 22, 2024. Following that bench trial, Judge James Wesley Hendrix issued a 120-page opinion on February 27, 2024. 2024 WL 967838. The court held that Texas had standing to challenge the Pregnant Workers Fairness Act because it caused various harms to Texas, including compliance and litigation costs. However, the court dismissed Texas’s claim against the Case Management Pilot Program, stating that Texas did not have standing to bring that claim. Texas claimed that the “Alternatives to Detention Program” funded under the CMPP incentivized illegal immigration to Texas and therefore put a drain on the State’s finances through a burden to its social services, education, and other programs. However, the Court stated that while financial burden is an injury-in-fact, Texas failed to demonstrate how that financial burden was linked to the CMPP funding.

The court also addressed the enrolled bill doctrine, which bars lawsuits disputing whether a law on the books is actually different from the version that Congress passed. The court held that the doctrine was inapplicable here because Texas was challenging the presence of a quorum, not the text of a law. Further, the court held that the political question doctrine—which says that courts should leave political questions to legislatures—did not apply here either because the court was addressing a constitutional issue of congressional power, not a political question. Finally, the court held that House members who are not physically present cannot be part of a quorum, even if they are participating by proxy, so the Consolidated Appropriations Act of 2023 was passed in violation of the Constitution. Therefore, the court enjoined the DOJ and EEOC from enforcing the Pregnant Workers Fairness Act against Texas. The court did not enjoin the rest of the Consolidated Appropriations Act because Texas had only demonstrated standing to challenge the Pregnant Workers Fairness Act.

The DOJ issued a notice of compliance with the injunction on March 6, 2024. The following month, on April 26, the defendants appealed the decision to the U.S. Court of Appeals for the Fifth Circuit.

As of April 2024, the appeal is pending.

Summary Authors

Jerry Lan (9/25/2023)

Samantha Houghton (3/24/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66817040/parties/state-of-texas-v-department-of-justice/


Attorney for Plaintiff

Curtisi, Nathan Anthony (Texas)

Henneke, Robert Earl (Texas)

Attorney for Defendant

Bailey, Clayton Louis (Texas)

Enlow, Courtney Danielle (Texas)

Gaffney, Michael James (Texas)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document
1

5:23-cv-00034

Original Complaint

Texas v. Garland

Feb. 15, 2023

Feb. 15, 2023

Complaint
4

5:23-cv-00034

Amended Complaint

Texas v. Garland

Feb. 15, 2023

Feb. 15, 2023

Complaint
30

5:23-cv-00034

Order on Motion to Stay

Texas v. Garland

March 6, 2023

March 6, 2023

Order/Opinion
49

5:23-cv-00034

Order on Motion to Stay

Texas v. Garland

April 17, 2023

April 17, 2023

Order/Opinion
66

5:23-cv-00034

Memorandum Opinion and Order

Texas v. Garland

July 28, 2023

July 28, 2023

Order/Opinion

2023 WL 4851893

110

5:23-cv-00034

Memorandum Opinion and Order

State of Texas v. Garland

Feb. 27, 2024

Feb. 27, 2024

Order/Opinion

2024 WL 967838

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66817040/state-of-texas-v-department-of-justice/

Last updated March 24, 2024, 4:48 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by State of Texas. (Filing fee $402; Receipt number ATXNDC-13522155) 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 Exhibit(s) Exh. A (Solicitation for applications)) (Reitz, Aaron) (Entered: 02/15/2023)

1 Exhibit(s) Exh. A (Solicitation for applications)

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Feb. 15, 2023

Feb. 15, 2023

Clearinghouse
2

CIVIL COVER SHEET to 1 Complaint by Plaintiff State of Texas. (Attachments: # 1 Additional Page(s) (Reitz, Aaron) (bmh). (Entered: 02/15/2023)

1 Additional Page(s)

View on PACER

Feb. 15, 2023

Feb. 15, 2023

PACER
3

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by State of Texas. (Clerk QC note: No affiliate entered in ECF). (Reitz, Aaron) (Entered: 02/15/2023)

Feb. 15, 2023

Feb. 15, 2023

PACER
4

AMENDED COMPLAINT against All Defendants filed by State of Texas. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) Exh. A (solicitation for applications)) (Olson, Leif) (Entered: 02/15/2023)

1 Exhibit(s) Exh. A (solicitation for applications)

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Feb. 15, 2023

Feb. 15, 2023

Clearinghouse
5

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. (bmh) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

RECAP
6

Summons issued as to All Defendants, U.S. Attorney, and U.S. Attorney General. (bmh) (Entered: 02/16/2023)

Feb. 16, 2023

Feb. 16, 2023

PACER
7

NOTICE of Attorney Appearance by Robert Earl Henneke on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (Henneke, Robert) (Entered: 02/21/2023)

Feb. 21, 2023

Feb. 21, 2023

RECAP
8

NOTICE of Attorney Appearance by Courtney Danielle Enlow on behalf of Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice. (Filer confirms contact info in ECF is current.) (Enlow, Courtney) (Entered: 02/27/2023)

Feb. 27, 2023

Feb. 27, 2023

RECAP
9

MOTION to Transfer Case out of District/Division filed by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice (Attachments: # 1 Proposed Order)Attorney Courtney Danielle Enlow added to party Joseph R Biden, Jr(pty:dft), Attorney Courtney Danielle Enlow added to party Charlotte A. Burrows(pty:dft), Attorney Courtney Danielle Enlow added to party Deanne Criswell(pty:dft), Attorney Courtney Danielle Enlow added to party Equal Employment Opportunity Commission(pty:dft), Attorney Courtney Danielle Enlow added to party Federal Emergency Management Agency(pty:dft), Attorney Courtney Danielle Enlow added to party Merrick Garland(pty:dft), Attorney Courtney Danielle Enlow added to party Tae D Johnson(pty:dft), Attorney Courtney Danielle Enlow added to party Christopher W. Lage(pty:dft), Attorney Courtney Danielle Enlow added to party Andrea R. Lucas(pty:dft), Attorney Courtney Danielle Enlow added to party Alejandro Mayorkas(pty:dft), Attorney Courtney Danielle Enlow added to party Peter E Mina(pty:dft), Attorney Courtney Danielle Enlow added to party Office of Civil Rights and Civil Liberties(pty:dft), Attorney Courtney Danielle Enlow added to party Jocelyn Samuels(pty:dft), Attorney Courtney Danielle Enlow added to party Keith Solderling(pty:dft), Attorney Courtney Danielle Enlow added to party U.S. Customs and Border Enforcement(pty:dft), Attorney Courtney Danielle Enlow added to party United States Department of Homeland Security(pty:dft), Attorney Courtney Danielle Enlow added to party United States Department of Justice(pty:dft) (Enlow, Courtney) (Entered: 02/27/2023)

1 Proposed Order

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Feb. 27, 2023

Feb. 27, 2023

RECAP
10

Brief/Memorandum in Support filed by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice re 9 MOTION to Transfer Case out of District/Division (Enlow, Courtney) (Entered: 02/27/2023)

Feb. 27, 2023

Feb. 27, 2023

RECAP
11

MOTION to Stay Case Pending Resolution of Defendants' Motion to Transfer filed by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice (Attachments: # 1 Proposed Order) (Enlow, Courtney) (Entered: 03/02/2023)

1 Proposed Order

View on PACER

March 2, 2023

March 2, 2023

PACER
12

Brief/Memorandum in Support filed by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice re 11 MOTION to Stay Case Pending Resolution of Defendants' Motion to Transfer (Enlow, Courtney) (Entered: 03/02/2023)

March 2, 2023

March 2, 2023

RECAP
13

SUMMONS Returned Executed as to Alejandro Mayorkas ; served on 2/24/2023. (Olson, Leif) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
14

SUMMONS Returned Executed as to Andrea R. Lucas ; served on 2/24/2023. (Olson, Leif) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
15

SUMMONS Returned Executed as to Joseph R Biden, Jr ; served on 2/24/2023. (Olson, Leif) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
16

SUMMONS Returned Executed as to Charlotte A. Burrows ; served on 2/24/2023. (Olson, Leif) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
17

SUMMONS Returned Executed as to Christopher W. Lage ; served on 2/24/2023. (Olson, Leif) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
18

SUMMONS Returned Executed as to U.S. Customs and Border Enforcement ; served on 2/24/2023. (Olson, Leif) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
19

SUMMONS Returned Executed as to Deanne Criswell ; served on 2/24/2023. (Olson, Leif) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
20

SUMMONS Returned Executed as to United States Department of Justice ; served on 2/24/2023. (Olson, Leif) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
21

SUMMONS Returned Executed as to Equal Employment Opportunity Commission ; served on 2/24/2023. (Olson, Leif) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
22

SUMMONS Returned Executed as to Jocelyn Samuels ; served on 2/24/2023. (Olson, Leif) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
23

SUMMONS Returned Executed as to Federal Emergency Management Agency ; served on 2/24/2023. (Olson, Leif) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
24

SUMMONS Returned Executed as to United States Department of Homeland Security ; served on 2/24/2023. (Olson, Leif) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
25

SUMMONS Returned Executed as to Keith Solderling ; served on 2/24/2023. (Olson, Leif) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
26

SUMMONS Returned Executed as to Merrick Garland ; served on 2/24/2023. (Olson, Leif) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
27

SUMMONS Returned Executed as to Office of Civil Rights and Civil Liberties ; served on 2/24/2023. (Olson, Leif) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
28

SUMMONS Returned Executed as to Peter E Mina ; served on 2/24/2023. (Olson, Leif) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
29

SUMMONS Returned Executed as to Tae D Johnson ; served on 2/24/2023. (Olson, Leif) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
30

ORDER granting in part 11 Motion to Stay. The defendants' deadline to file a responsive pleading to Texas's Amended Complaint (Dkt. No. 4) is stayed until further order of the Court. No other deadlines are affected by this order. (Ordered by Judge James Wesley Hendrix on 3/6/2023) (bdg) (Entered: 03/06/2023)

March 6, 2023

March 6, 2023

Clearinghouse
31

NOTICE of Attorney Appearance by Ethan Quinn Szumanski on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (Szumanski, Ethan) (Entered: 03/20/2023)

March 20, 2023

March 20, 2023

PACER
32

RESPONSE - Opposition filed by State of Texas re: 9 MOTION to Transfer Case out of District/Division (Attachments: # 1 Exhibit(s), # 2 Proposed Order) (Szumanski, Ethan) Modified text on 3/21/2023 (bdg). (Entered: 03/20/2023)

1 Exhibit(s)

View on RECAP

2 Proposed Order

View on RECAP

March 20, 2023

March 20, 2023

RECAP
33

NOTICE of Attorney Appearance by Michael James Gaffney on behalf of Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice. (Filer confirms contact info in ECF is current.) (Gaffney, Michael) (Entered: 04/03/2023)

April 3, 2023

April 3, 2023

PACER
34

REPLY filed by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice re: 9 MOTION to Transfer Case out of District/Division (Gaffney, Michael) (Entered: 04/03/2023)

April 3, 2023

April 3, 2023

RECAP
35

Appendix in Support filed by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice re 34 Reply to the Motion to Transfer Venue (Gaffney, Michael) Modified on 4/4/2023 (bdg). (Entered: 04/03/2023)

April 3, 2023

April 3, 2023

RECAP
36

MOTION To Exceed Page Limitations filed by State of Texas (Attachments: # 1 Proposed Order) (Szumanski, Ethan) Modified event/text on 4/5/2023 (bdg). (Entered: 04/04/2023)

April 4, 2023

April 4, 2023

PACER
37

MOTION for Preliminary Injunction filed by State of Texas (Attachments: # 1 Proposed Order) (Szumanski, Ethan) Modified text on 4/5/2023 (bdg). (Entered: 04/04/2023)

1 Proposed Order

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April 4, 2023

April 4, 2023

RECAP
38

Brief/Memorandum in Support filed by State of Texas re 37 MOTION for Injunction (Attachments: # 1 Exhibit(s)) (Olson, Leif) (Entered: 04/05/2023)

1 Exhibit(s)

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April 5, 2023

April 5, 2023

PACER
39

ORDER granting 36 Motion to Exceed Page Limitations. (Ordered by Judge James Wesley Hendrix on 4/5/2023) (bdg) (Entered: 04/05/2023)

April 5, 2023

April 5, 2023

RECAP
40

MOTION to Stay Preliminary Injunction Deadlines Pending Resolution of Defendants' Transfer Motion filed by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice (Attachments: # 1 Proposed Order) (Gaffney, Michael) (Entered: 04/06/2023)

1 Proposed Order

View on PACER

April 6, 2023

April 6, 2023

PACER
41

Brief/Memorandum in Support filed by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice re 40 MOTION to Stay Preliminary Injunction Deadlines Pending Resolution of Defendants' Transfer Motion (Gaffney, Michael) (Entered: 04/06/2023)

April 6, 2023

April 6, 2023

RECAP
42

**DOCUMENT UNFILED DUE TO WRONG PARTY NAME SELECTION. CORRECTLY REFILED BY Ten Members of Congress AT 45 . FILING FEE WILL STILL APPLY TO THE CORRECTLY FILED APPLICATION*** Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13653769) filed by State of Texas (Attachments: # 1 Additional Page(s) Certificate of Good Standing)Attorney Kaitlyn D Schiraldi added to party State of Texas(pty:pla) (Schiraldi, Kaitlyn) Modified on 4/12/2023 (egp). (Entered: 04/11/2023)

April 11, 2023

April 11, 2023

PACER
43

**DOCUMENT UNFILED DUE TO WRONG PARTY NAME SELECTION. CORRECTLY REFILED BY Ten Members of Congress AT 46 . FILING FEE WILL STILL APPLY TO THE CORRECTLY FILED APPLICATION*** Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney William E. Trachman (Filing fee $100; Receipt number ATXNDC-13653796) filed by State of Texas (Attachments: # 1 Additional Page(s) Certificate of Good Standing) (Schiraldi, Kaitlyn) Modified on 4/12/2023 (egp). (Entered: 04/11/2023)

April 11, 2023

April 11, 2023

PACER
44

**DOCUMENT UNFILED DUE TO WRONG PARTY NAME SELECTION. CORRECTLY REFILED BY Ten Members of Congress AT 47 **. MOTION for Leave to File Amici Curiae of Ten Members of Congress Who Witnessed the Harms of Proxy Voting, in Support of Plaintiff's Motion for Preliminary Injunction filed by State of Texas with Brief/Memorandum in Support. (Schiraldi, Kaitlyn) Modified on 4/12/2023 (egp). (Entered: 04/11/2023)

April 11, 2023

April 11, 2023

PACER
45

Application for Admission Pro Hac Vice with Certificate of Good Standing (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by Ten Members of Congress (Attachments: # 1 Affidavit(s) Certificate of Good Standing)Attorney Kaitlyn D Schiraldi added to party Ten Members of Congress(pty:am) (Schiraldi, Kaitlyn) (Entered: 04/11/2023)

April 11, 2023

April 11, 2023

PACER
46

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney William E. Trachman (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by Ten Members of Congress (Attachments: # 1 Additional Page(s) Certificate of Good Standing) (Schiraldi, Kaitlyn) (Entered: 04/11/2023)

April 11, 2023

April 11, 2023

PACER
47

MOTION for Leave to File Amici Curiae Brief of Ten Members of Congress Who Witnessed the Harms of Proxy Voting, in Support of Plaintiff's Motion for Preliminary Injunction filed by Ten Members of Congress with Brief/Memorandum in Support. (Schiraldi, Kaitlyn) (Entered: 04/11/2023)

April 11, 2023

April 11, 2023

RECAP
48

Unopposed MOTION to Withdraw as Attorney filed by State of Texas (Attachments: # 1 Proposed Order) (Barnes, Joseph) (Entered: 04/14/2023)

April 14, 2023

April 14, 2023

PACER
49

ORDER: The Court denies the request for a stay but grants the alternative request to extend the defendants' response deadline to May 4, 2023. (Ordered by Judge James Wesley Hendrix on 4/17/2023) (bdg) (Entered: 04/17/2023)

April 17, 2023

April 17, 2023

Clearinghouse

Order Setting Deadline/Hearing

April 17, 2023

April 17, 2023

PACER

ORDER: Defendants' Response deadline is due by 5/4/2023. ***SEE ORDER - DOC. NO. 49 FOR PDF*** (Ordered by Judge James Wesley Hendrix on 4/17/2023) (bdg)

April 17, 2023

April 17, 2023

PACER
50

MOTION to Exceed Page Limitations filed by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice (Attachments: # 1 Proposed Order) (Gaffney, Michael) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

PACER
51

ORDER granting 50 Unopposed Motion to Exceed Page Limitations. (Ordered by Judge James Wesley Hendrix on 5/2/2023) (bmh) (Entered: 05/02/2023)

May 2, 2023

May 2, 2023

RECAP
52

OPPOSITION filed by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice re: 37 MOTION for Preliminary Injunction and Memorandum in Support of Defendants' Motion to Dismiss. (Enlow, Courtney) Modified text on 5/5/2023 (bdg). (Entered: 05/04/2023)

May 4, 2023

May 4, 2023

RECAP
53

Appendix in Support filed by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice re 52 Opposition to Plaintiff's Motion for Preliminary Injunction and Memorandum in Support of Defendants' Motion to Dismiss. (Enlow, Courtney) Modified on 5/5/2023 (bdg). (Entered: 05/04/2023)

May 4, 2023

May 4, 2023

PACER
54

MOTION to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(3), and 12(b)(6) filed by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice (Attachments: # 1 Proposed Order) (Enlow, Courtney) (Entered: 05/04/2023)

May 4, 2023

May 4, 2023

PACER
55

***DUPLICATE DOCUMENT OF DOC. NO. 52*** Memorandum in Support of Defendants' Motion to Dismiss filed by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice re 54 MOTION to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(3), and 12(b)(6) (Enlow, Courtney) Modified text on 5/5/2023 (bdg). (Entered: 05/04/2023)

May 4, 2023

May 4, 2023

PACER
56

***DUPLICATE DOCUMENT OF DOC. NO. 53*** Appendix in Support filed by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice re 54 MOTION to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(3), and 12(b)(6), 55 Memorandum in Support of Motion to Dismiss. (Enlow, Courtney) Modified text on 5/5/2023 (bdg). (Entered: 05/04/2023)

May 4, 2023

May 4, 2023

PACER
57

ORDER granting 48 Motion to Withdraw as Attorney. Attorney Joseph Aaron Barnes, Sr terminated. (Ordered by Judge James Wesley Hendrix on 5/10/2023) (bdg) (Entered: 05/10/2023)

May 10, 2023

May 10, 2023

PACER
58

ORDER granting 47 Motion for Leave to File an Amicus Curiae Brief on behalf of ten members of Congress.. (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 5/10/2023) (bdg) (Entered: 05/10/2023)

May 10, 2023

May 10, 2023

PACER
59

Brief in Support filed by Ten Members of Congress re 37 Plaintiff's MOTION for Preliminary Injunction. (bdg) (Main Document 59 replaced on 5/10/2023) (bdg). (Entered: 05/10/2023)

May 10, 2023

May 10, 2023

RECAP
60

ORDER granting 45 Application for Admission Pro Hac Vice of Kaitlyn D Schiraldi; 46 Application for Admission Pro Hac Vice of William E. Trachman. 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 James Wesley Hendrix on 5/10/2023) (krr) (Entered: 05/10/2023)

May 10, 2023

May 10, 2023

PACER
61

OPPOSITION TO DEFENDANTS' MOTION TO DISMISS AND REPLY IN SUPPORT OF PRELIMINARY INJUNCTION filed by State of Texas re: 54 MOTION to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(3), and 12(b)(6), 37 MOTION for Injunction (Attachments: # 1 Proposed Order) (Szumanski, Ethan) Modified text on 5/19/2023 (bdg). (Entered: 05/18/2023)

May 18, 2023

May 18, 2023

PACER
62

MOTION to Withdraw as Attorney Aaron F. Reitz filed by State of Texas (Attachments: # 1 Proposed Order) (Olson, Leif) (Entered: 06/01/2023)

June 1, 2023

June 1, 2023

PACER
63

REPLY IN SUPPORT OF THEIR MOTION TO DISMISS filed by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice re: 54 MOTION to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(3), and 12(b)(6) (Enlow, Courtney) Modified text on 6/2/2023 (bdg). (Entered: 06/01/2023)

June 1, 2023

June 1, 2023

PACER
64

ORDER granting 62 Motion to Withdraw as Attorney. Attorney Aaron Francis Reitz terminated. (Ordered by Judge James Wesley Hendrix on 6/12/2023) (bdg) (Entered: 06/12/2023)

June 12, 2023

June 12, 2023

PACER
65

NOTICE of Supplemental Authority re: 63 Reply,, 52 Response/Objection,, filed by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice (Attachments: # 1 Haaland v. Brackeen, No. 21-376, 2023 WL 4002951 (U.S. June 15, 2023)) (Enlow, Courtney) (Entered: 06/21/2023)

June 21, 2023

June 21, 2023

PACER
66

MEMORANDUM AND ORDER: Order denying motion to transfer venue (Dkt. No. 9). See Order for details. (Ordered by Judge James Wesley Hendrix on 7/28/2023) (bdg) (Entered: 07/28/2023)

July 28, 2023

July 28, 2023

Clearinghouse
67

Unopposed MOTION to Withdraw as Attorney filed by State of Texas (Attachments: # 1 Proposed Order) (Olson, Leif) (Entered: 07/28/2023)

July 28, 2023

July 28, 2023

PACER
68

ORDER granting 67 Motion to Withdraw as Attorney. Attorney Leif A Olson terminated (Ordered by Judge James Wesley Hendrix on 8/1/2023) (egp) (Entered: 08/01/2023)

Aug. 1, 2023

Aug. 1, 2023

PACER
69

Unopposed MOTION to Withdraw as Attorney Courtney Enlow for Defendants filed by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Enlow, Courtney) (Entered: 08/15/2023)

Aug. 15, 2023

Aug. 15, 2023

PACER
70

ORDER granting 69 Motion to Withdraw as Attorney. Attorney Courtney Danielle Enlow terminated. (Ordered by Judge James Wesley Hendrix on 8/16/2023) (bdg) (Entered: 08/16/2023)

Aug. 16, 2023

Aug. 16, 2023

PACER
71

ORDER SETTING HEARING: Having reviewed the parties' filings on the motions (Dkt. Nos. 37; 38; 52; 53; 54; 61; 63; 65), the Court orders that a hearing on the motions is set for Monday, October 30, 2023 at 9:00 a.m. in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge James Wesley Hendrix. Telephone Conference set for 10/16/2023 10:00 AM to address procedural matters for the hearing. Dial-in information will be disseminated by email to the parties' counsel. (Ordered by Judge James Wesley Hendrix on 10/11/2023) (bdg) (Entered: 10/11/2023)

Oct. 11, 2023

Oct. 11, 2023

RECAP
72

ELECTRONIC Minute Entry for proceedings held before Judge James Wesley Hendrix: Telephonic Status Conference held on 10/16/2023. To aid the parties preparation for the motions hearing, the Court specifies the following procedural guidelines and deadlines. By October 23, 2023, Texas shall file any objection to the Courts consideration of the declarations submitted by the defendants (Dkt. No. 53). By October 24, 2023, Texas shall file and provide the defendants with any declarations that it intends to submit into evidence. Any objections to Texass declarations must be filed by October 27, 2023. By 9 am on October 27, 2023, the defendants shall submit any responsive declarations, and Texas must file any objections to a responsive declaration by 5 pm on October 27, 2023. At the hearing, each side shall have one hour to present their arguments. Attorney Appearances: Plaintiff - Nathan Curtisi, Robert Henneke, Matthew Miller, Ethan Szumanski, Ryan Walters; Defense - Michael Gaffney. (Court Reporter: Mechelle Daniel) (No exhibits) Time in Court - :30. (chmb) (Entered: 10/16/2023)

Oct. 16, 2023

Oct. 16, 2023

PACER
73

NOTICE OF CONSOLIDATION WITH TRIAL ON THE MERITS: Before the Court are the plaintiff's motion for preliminary injunction and the defendants' motion to dismiss. Dkt. Nos. 37; 54. The Court has scheduled a hearing on these motions for October 30, 2023. Having reviewed the parties filings on these motions and based on discussions at the telephonic conference held on October 16, 2023, the Court hereby notifies the parties that it will advance the trial on the merits and consolidate it with the motions hearing. Any continuance request should be made by 10/23/2023. If no party requests a continuance, the Court will proceed with a trial on 10/30/2023 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge James Wesley Hendrix. The Courts previously set deadlines for service of declarations, responsive declarations, and any objections to the Court's consideration of those declarations will also remain in effect. (Ordered by Judge James Wesley Hendrix on 10/20/2023) (bdg) (Entered: 10/20/2023)

Oct. 20, 2023

Oct. 20, 2023

RECAP
74

Joint MOTION to Continue With the Parties' Competing Scheduling Proposals filed by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice (Attachments: # 1 Proposed Order) (Gaffney, Michael) (Entered: 10/23/2023)

1 Proposed Order

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Oct. 23, 2023

Oct. 23, 2023

PACER
75

ORDER granting 74 Motion for Continuance. The parties shall exchange declarations by November 1,2023. Any objections to the admissibility of these declarations shall be filed by November 7,2023. The parties shall exchange any responsive declarations by November 7, 2023. The plaintiff shall file an exhibit and witness list by November 14, 2023. The defendants shall file an exhibit and witness list by November 17,2023. The parties shall file any motions to exclude evidence or witnesses by 11/20/2023. The parties shall file any responses to any motion to exclude by 11/22/2023. Pretrial Conference set for 11/28/2023 08:30 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge James Wesley Hendrix. Bench Trial set for 11/28/2023 09:30 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 10/24/2023) (bdg) (Entered: 10/24/2023)

Oct. 24, 2023

Oct. 24, 2023

RECAP
76

NOTICE of Attorney Appearance by Clayton Louis Bailey on behalf of Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice. (Filer confirms contact info in ECF is current.) (Bailey, Clayton) (Entered: 11/07/2023)

Nov. 7, 2023

Nov. 7, 2023

PACER
77

MOTION in Limine filed by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Proposed Order) (Bailey, Clayton) (Entered: 11/07/2023)

1 Exhibit(s)

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2 Exhibit(s)

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3 Exhibit(s)

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4 Exhibit(s)

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5 Proposed Order

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Nov. 7, 2023

Nov. 7, 2023

PACER
78

Texas's Objections to Defendant's Declarations filed by State of Texas with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s)) (Szumanski, Ethan) Modified event and text on 11/9/2023 (bdg). (Entered: 11/07/2023)

1 Exhibit(s)

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Nov. 7, 2023

Nov. 7, 2023

PACER
79

MOTION for Clarification (Joint) filed by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice (Attachments: # 1 Proposed Order) (Bailey, Clayton) (Entered: 11/09/2023)

1 Proposed Order

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Nov. 9, 2023

Nov. 9, 2023

PACER
80

ORDER granting 79 Motion for Clarification. The Court's October 24, 2023 scheduling order (Dkt. No. 75) is an exhaustive list of the pretrial deadlines in this case and supersedes the default deadlines in the Local Rules. The parties are not required to file a pretrial order, proposed findings of fact and conclusions of law, or any other documents noted by the Local Rules but not included in this Court's scheduling order (Dkt. No. 75), but may do so if they would like. (Ordered by Judge James Wesley Hendrix on 11/13/2023) (bdg) (Entered: 11/13/2023)

Nov. 13, 2023

Nov. 13, 2023

RECAP
81

Exhibit List by State of Texas. (Szumanski, Ethan) (Entered: 11/14/2023)

Nov. 14, 2023

Nov. 14, 2023

RECAP
82

Witness List by State of Texas. (Szumanski, Ethan) (Entered: 11/14/2023)

Nov. 14, 2023

Nov. 14, 2023

RECAP
83

DEFENDANTS' MOTION TO RE-SET THE MOTIONS HEARING, STRIKE PLAINTIFF'S FOUR WITNESSES, OR CONTINUE THE TRIAL filed by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Gaffney, Michael) Modified event and text on 11/17/2023 (bdg). (Entered: 11/16/2023)

1 Proposed Order

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Nov. 16, 2023

Nov. 16, 2023

PACER
84

Appendix in Support filed by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice re 83 MOTION for Hearing on Pending Motions to Be Reset MOTION to Strike Plaintiff's Four Witnesses MOTION to Continue Trial (Gaffney, Michael) (Entered: 11/16/2023)

Nov. 16, 2023

Nov. 16, 2023

RECAP
85

ORDER: Before the Court is the defendants' Motion to Re-Set the Motions Hearing, Strike Plaintiff's Four Witnesses, or Continue the Trial. Dkt. No. 83. The plaintiff is ordered to file its response to the motion by 5:00 p.m. on November 17, 2023. (Ordered by Judge James Wesley Hendrix on 11/16/2023) (bdg) (Entered: 11/16/2023)

Nov. 16, 2023

Nov. 16, 2023

RECAP
87

RESPONSE filed by State of Texas re: 83 MOTION to Strike Plaintiff's Four Witnesses MOTION to Continue Trial (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s)) (Szumanski, Ethan) Modified text on 11/20/2023 (jdh). (Entered: 11/17/2023)

1 Exhibit(s)

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2 Exhibit(s)

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3 Exhibit(s)

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Nov. 17, 2023

Nov. 17, 2023

PACER
88

Exhibit List by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice. (Bailey, Clayton) (Entered: 11/17/2023)

Nov. 17, 2023

Nov. 17, 2023

RECAP
89

Witness List by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice. (Bailey, Clayton) (Entered: 11/17/2023)

Nov. 17, 2023

Nov. 17, 2023

RECAP
91

ORDER: The Court resets the deadlines for the trial as follows: A Final Pretrial Conference shall be held telephonically on January 17, 2024, at 9:30 a.m. Dial-in information will be disseminated by email to the parties' counsel. At the hearing, the Court plans to address the parties' motions to exclude, objections to evidence, and pre-mark and pre-admit exhibits. Prior to the pretrial conference, the parties should confer and attempt to agree to the admissibility of exhibits where possible. Trial shall begin on January 22, 2024, at 9:00 a.m. in the United States District Court, Courtroom C-216, 1205 Texas Avenue, Lubbock, Texas. The plaintiff shall make the four witnesses listed on its witness list (Dkt. No. 82) available for the defendants to depose by December 22, 2023. Given the limited scope of the plaintiff's proposed declarations, each deposition is limited to no more than four hours. The defendants shall file any motion to exclude the plaintiff's witnesses by December 29, 2023. The plaintiff shall file any response by January 10, 2024. All other deadlines from the Court's prior scheduling Order (Dkt. No. 75) remain unchanged. (Ordered by Judge James Wesley Hendrix on 11/20/2023) (bdg) (Entered: 11/20/2023)

Nov. 20, 2023

Nov. 20, 2023

RECAP

Order Setting Deadline/Hearing

Nov. 20, 2023

Nov. 20, 2023

PACER

***SEE ORDER 91 FOR PDF***: Motions to Exclude the Plaintiff's Witnesses due by 12/29/2023. Responses due by 1/10/2024. Pretrial Conference shall be telephonically set for 1/17/2024 09:30 AM before Judge James Wesley Hendrix. Bench Trial set for 1/22/2024 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 11/20/2023) (bdg)

Nov. 20, 2023

Nov. 20, 2023

PACER
92

Objections to Plaintiff's Proposed Trial Exhibits by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice. (Bailey, Clayton) Modified event and text on 11/21/2023 (bdg). (Entered: 11/20/2023)

Nov. 20, 2023

Nov. 20, 2023

RECAP
93

MOTION to Exclude Defendants' Exhibits 2, 3, 4, 7, 8, 11, and 15 filed by State of Texas with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s)) (Szumanski, Ethan) Modified event and text on 11/21/2023 (bdg). (Entered: 11/20/2023)

1 Exhibit(s)

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2 Exhibit(s)

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3 Exhibit(s)

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4 Exhibit(s)

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5 Exhibit(s)

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6 Exhibit(s)

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7 Exhibit(s)

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Nov. 20, 2023

Nov. 20, 2023

PACER
94

NOTICE of Attorney Appearance by Kathleen T. Hunker on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (Hunker, Kathleen) (Entered: 11/21/2023)

Nov. 21, 2023

Nov. 21, 2023

PACER
95

RESPONSE filed by State of Texas re: 77 MOTION in Limine (Szumanski, Ethan) (Entered: 11/22/2023)

Nov. 22, 2023

Nov. 22, 2023

RECAP
96

RESPONSE IN OPPOSITION filed by Joseph R Biden, Jr, Charlotte A. Burrows, Deanne Criswell, Equal Employment Opportunity Commission, Federal Emergency Management Agency, Merrick Garland, Tae D Johnson, Christopher W. Lage, Andrea R. Lucas, Alejandro Mayorkas, Peter E Mina, Office of Civil Rights and Civil Liberties, Jocelyn Samuels, Keith Solderling, U.S. Customs and Border Enforcement, United States Department of Homeland Security, United States Department of Justice re: 93 MOTION to Exclude Defendants' Exhibits 2, 3, 4, 7, 8, 11, and 15. (Bailey, Clayton) Modified text on 11/27/2023 (bdg). (Entered: 11/22/2023)

Nov. 22, 2023

Nov. 22, 2023

RECAP
97

Unopposed MOTION for Leave to File Amended Witness List and Unopposed MOTION to Vacate Discovery Deadlines filed by State of Texas with Brief/Memorandum in Support. (Attachments: # 1 Proposed Amendment # 2 Proposed Order) (Szumanski, Ethan) Modified text on 12/4/2023 (bdg). (Entered: 12/01/2023)

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Dec. 1, 2023

Dec. 1, 2023

RECAP
98

ORDER granting 97 Motion for Leave to File an Amended Witness List and Motion to Vacate Discovery Deadlines. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) The Clerk of Court is directed to file Texas's Amended Witness List (Dkt. No. 97-1) as a separate docket entry. In light of the plaintiff's representation that it will not call any witnesses, the Court vacates the deadlines for discovery related to the witnesses listed in the plaintiff's original witness list. See Dkt. No. 91. All other deadlines remain unchanged unless previously altered. See Dkt. Nos. 72;75;91. (Ordered by Judge James Wesley Hendrix on 12/5/2023) (bdg) (Entered: 12/05/2023)

Dec. 5, 2023

Dec. 5, 2023

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Feb. 15, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The State of Texas, through its attorney general.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Justice (- United States (national) -), Federal

Immigrations and Customs Enforcement (- United States (national) -), Federal

Federal Emergency Management Agency (- United States (national) -), Federal

Department of Homeland Security (- United States (national) -), Federal

Equal Employment Opportunity Commission (- United States (national) -), Federal

Office for Civil RIghts and Civil Liberties (- United States (national) -), Federal

Department of Homeland Security (- United States (national) -), Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Mandamus, 28 U.S.C. § 1361

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Federalism (including 10th Amendment)

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2024 - None

Issues

General/Misc.:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Disability and Disability Rights:

Reasonable Accommodations

Discrimination Area:

Accommodation / Leave

Discrimination Basis:

Pregnancy discrimination

Immigration/Border:

Undocumented immigrants - rights and duties

Reproductive rights:

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