Case: The State of Texas v. United States Department of Health and Human Services

COMPLAINT ( Filing fee $ 402 receipt number ATXWDC-17056259). No Summons requested at this time, filed by The State of Texas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet)(Hilton, Christopher) (Additional attachment(s) added on 2/8/2023: # 6 Complaint with Corrected Case Number) (jb3). (Entered: 02/07/2023)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Civil Cover Sheet

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6 Complaint with Corrected Case Number

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REQUEST FOR ISSUANCE OF SUMMONS by The State of Texas. All Defendants (Attachments: # 1 Xavier Becerra, # 2 Xavier Becerra, # 3 HHS, # 4 HHS, # 5 HHS, # 6 HHS OCR, # 7 HHS OCR, # 8 HHS OCR)(Hilton, Amy) (Entered: 02/07/2023)

Contacted by filing attorney that case was inadvertently filed in the Austin division; Case will be copied to Midland division as noted on paperwork. (kc)

Case assigned to Judge David Counts. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (jb3)

Remark (No Doc#)

Summons Issued as to All Defendants. (jb3) (Entered: 02/08/2023)

Case Assigned/Reassigned

AMENDED COMPLAINT Corrected pursuant to Court's Deficiency Notice against Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights amending 1 Complaint,., filed by The State of Texas.(Hilton, Amy) (Entered: 02/10/2023)

DEFICIENCY NOTICE: re 1 Complaint, Please correct header to read Midland/Odessa Division (jb3)

Deficiency Notice

SUMMONS Returned Executed by The State of Texas. (Hilton, Amy) (Entered: 02/21/2023)

SUMMONS Returned Executed by The State of Texas. United States Department of Health and Human Services Office for Civil Rights served on 2/13/2023, answer due 4/14/2023. (Hilton, Amy) (Entered: 02/21/2023)

SUMMONS Returned Executed by The State of Texas. United States Department of Health and Human Services served on 2/10/2023, answer due 4/11/2023. (Hilton, Amy) (Entered: 02/21/2023)

SUMMONS Returned Executed by The State of Texas. United States Department of Health and Human Services Office for Civil Rights served on 2/10/2023, answer due 4/14/2023. (Hilton, Amy) (Entered: 02/21/2023)

SUMMONS Returned Executed by The State of Texas. Xavier Becerra served on 2/10/2023, answer due 4/11/2023. (Hilton, Amy) (Entered: 02/21/2023)

SUMMONS Returned Executed by The State of Texas. (Hilton, Amy) (Entered: 02/21/2023)

NOTICE of DEFICIENT SERVICE OF PROCESS by Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights re 3 Summons Issued (Noble-AUSA, Liane) (Entered: 02/24/2023)

REQUEST FOR ISSUANCE OF SUMMONS by The State of Texas. Summons to HHS (Attachments: # 1 Summons to Becerra, # 2 Summons to HHS-OCR)(Hilton, Amy) (Entered: 02/24/2023)

1 Summons to Becerra

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2 Summons to HHS-OCR

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Summons Issued as to All Defendants. (jb3) (Entered: 02/27/2023)

AMENDED COMPLAINT against Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights amending 1 Complaint,., filed by The State of Texas, Mayo Pharmacy, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Hilton, Amy) (Entered: 02/28/2023)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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NOTICE of Attorney Appearance by Ryan L. Bangert on behalf of Mayo Pharmacy, Inc.. Attorney Ryan L. Bangert added to party Mayo Pharmacy, Inc.(pty:pla) (Bangert, Ryan) (Entered: 03/01/2023)

SUMMONS Returned Executed by The State of Texas. Xavier Becerra served on 2/14/2023, answer due 4/11/2023. (Hilton, Amy) (Entered: 03/02/2023)

SUMMONS Returned Executed by The State of Texas. Xavier Becerra, Secretary (Hilton, Amy) (Entered: 03/02/2023)

SUMMONS Returned Executed by The State of Texas. United States Department of Health and Human Services served on 2/14/2023, answer due 4/17/2023. (Hilton, Amy) (Entered: 03/02/2023)

REQUEST FOR ISSUANCE OF SUMMONS by The State of Texas. (Attachments: # 1 Request for Summons-US DHHS-USAG, # 2 Request for Summons-US DHHS, # 3 Request for Summons-US DHHS OCR-US Atty WD, # 4 Request for Summons-US DHHS OCR-USAG, # 5 Request for Summons-US DHHS OCR, # 6 Request for Summons-Becerra-USAG, # 7 Request for Summons-Becerra-US Atty WD, # 8 Request for Summons-Becerra)(Hilton, Amy) (Entered: 03/03/2023)

Summons Issued as to All Defendants. (kg) (Entered: 03/03/2023)

RULE 7 DISCLOSURE STATEMENT filed by Mayo Pharmacy, Inc.. (Bangert, Ryan) (Entered: 03/10/2023)

SUMMONS Returned Executed by The State of Texas. Xavier Becerra served on 3/9/2023, answer due 5/8/2023. (Hilton, Amy) (Entered: 03/15/2023)

SUMMONS Returned Executed by The State of Texas. United States Department of Health and Human Services served on 3/9/2023, answer due 5/8/2023. (Hilton, Amy) (Entered: 03/15/2023)

SUMMONS Returned Executed by The State of Texas. Xavier Becerra served on 3/10/2023, answer due 5/9/2023. (Hilton, Amy) (Entered: 03/17/2023)

SUMMONS Returned Executed by The State of Texas. United States Department of Health and Human Services Office for Civil Rights served on 3/9/2023, answer due 5/8/2023. (Hilton, Amy) (Entered: 03/20/2023)

MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number 451) by Mayo Pharmacy, Inc. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Proposed Order)(jb3) (Entered: 03/21/2023)

SUMMONS Returned Executed by The State of Texas. United States Department of Health and Human Services Office for Civil Rights served on 3/17/2023, answer due 5/16/2023. (Hilton, Amy) (Entered: 03/22/2023)

SUMMONS Returned Executed by The State of Texas. United States Department of Health and Human Services served on 3/17/2023, answer due 5/16/2023. (Hilton, Amy) (Entered: 03/22/2023)

Order on Motion to Appear Pro Hac Vice

Text Order GRANTING 26 Matthew S. Bowman's Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice Pro Hac Vice in this case must register for electronic filing with our Court within 10 days of this Order. Registration is managed by the PACER Service Center. It is further ORDERED that if Mr. Bowman has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Court Rule AT-1(f)(2). Entered by Judge David Counts. (This is a text-only entry generated by the court. There is no document associated with this entry.) (db)

SUMMONS Returned Executed by The State of Texas. Xavier Becerra served on 3/17/2023, answer due 5/16/2023. (Hilton, Amy) (Entered: 03/28/2023)

NOTICE of Attorney Appearance by Lisa Zeidner Marcus on behalf of Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights. Attorney Lisa Zeidner Marcus added to party Xavier Becerra(pty:dft), Attorney Lisa Zeidner Marcus added to party United States Department of Health and Human Services(pty:dft), Attorney Lisa Zeidner Marcus added to party United States Department of Health and Human Services Office for Civil Rights(pty:dft) (Marcus, Lisa) (Entered: 05/08/2023)

MOTION to Dismiss Amended Complaint by Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights. (Marcus, Lisa) (Entered: 05/08/2023)

NOTICE of Attorney Appearance by Jeremy S. B. Newman on behalf of Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights. Attorney Jeremy S. B. Newman added to party Xavier Becerra(pty:dft), Attorney Jeremy S. B. Newman added to party United States Department of Health and Human Services(pty:dft), Attorney Jeremy S. B. Newman added to party United States Department of Health and Human Services Office for Civil Rights(pty:dft) (Newman, Jeremy) (Entered: 05/09/2023)

NOTICE of Attorney Appearance by Andrea Regan Dill on behalf of Mayo Pharmacy, Inc.. Attorney Andrea Regan Dill added to party Mayo Pharmacy, Inc.(pty:pla) (Dill, Andrea) (Entered: 05/10/2023)

ORDER Setting Hearing on 31 MOTION to Dismiss Amended Complaint: Motion Hearing set for 6/12/2023 01:30 PM in Midland before Judge David Counts. Signed by Judge David Counts. (kg) (Entered: 05/12/2023)

ORDER RESetting Hearing on 31 MOTION to Dismiss Amended Complaint : Motion Hearing REset for 6/29/2023 01:30 PM in Midland before Judge David Counts. Signed by Judge David Counts. (kg) (Entered: 05/15/2023)

Unopposed MOTION for Extension of Time to File Response/Reply by Mayo Pharmacy, Inc., The State of Texas. (Attachments: # 1 Proposed Order)(Hilton, Amy) (Entered: 05/17/2023)

Order on Motion for Extension of Time to File Response/Reply

Text Order GRANTING 36 Plaintiffs' Unopposed Motion for Extension of Time to File Response to Defendants' Motion to Dismiss. It is ORDERED that Plaintiffs' deadline to file a response to Defendants' Motion to Dismiss is extended to May 30, 2023. Defendants' reply, if any, is extended to June 13, 2023. It is so ORDERED. Entered by Judge David Counts. (This is a text-only entry generated by the court. There is no document associated with this entry.) (db)

Response in Opposition to Motion, filed by Mayo Pharmacy, Inc., The State of Texas, re 31 MOTION to Dismiss Amended Complaint filed by Defendant United States Department of Health and Human Services Office for Civil Rights, Defendant United States Department of Health and Human Services, Defendant Xavier Becerra (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Hilton, Amy) (Entered: 05/30/2023)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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REPLY to Response to Motion, filed by Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights, re 31 MOTION to Dismiss Amended Complaint filed by Defendant United States Department of Health and Human Services Office for Civil Rights, Defendant United States Department of Health and Human Services, Defendant Xavier Becerra (Attachments: # 1 Exhibit 1 - Pharmacy Guidance with passages highlighted)(Newman, Jeremy) (Entered: 06/13/2023)

1 Exhibit 1 - Pharmacy Guidance with passages highlighted

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NOTICE by Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights (Attachments: # 1 Exhibit - Press release regarding closing of investigations)(Newman, Jeremy) (Entered: 06/21/2023)

1 Exhibit - Press release regarding closing of investigations

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NOTICE of Attorney Appearance by William D. Wassdorf on behalf of The State of Texas. Attorney William D. Wassdorf added to party The State of Texas(pty:pla) (Wassdorf, William) (Entered: 06/22/2023)

NOTICE by Mayo Pharmacy, Inc. re 39 Notice (Other), (Attachments: # 1 Exhibit Exh 1 White House Fact Sheet)(Dill, Andrea) (Entered: 06/26/2023)

1 Exhibit Exh 1 White House Fact Sheet

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Minute Entry for proceedings held before Judge David Counts: Motion Hearing held on 6/29/2023 re 31 MOTION to Dismiss Amended Complaint filed by United States Department of Health and Human Services Office for Civil Rights, United States Department of Health and Human Services, Xavier Becerra (Minute entry documents are not available electronically). (Court Reporter Tamara Ross)(slt) (Entered: 06/29/2023)

NOTICE of Supplemental Authority by Mayo Pharmacy, Inc. (Bowman, Matthew) (Entered: 06/30/2023)

Memorandum Opinion. Signed by Judge David Counts. (kg) (Entered: 07/12/2023)

Case transferred from TXWD has been received and opened in North Dakota District as case number 1:23-CV-130. (slt) (Entered: 07/14/2023)

ANSWER to 14 Amended Complaint, by Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights.(Marcus, Lisa) (Entered: 07/26/2023)

Transcript filed of Proceedings held on 6/29/23, Proceedings Transcribed: Motion Hearing. Court Reporter: Tamara Ross, Telephone number: 4326850346. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 8/29/2023, Redacted Transcript Deadline set for 9/8/2023, Release of Transcript Restriction set for 11/6/2023, (tdr) (Entered: 08/08/2023)

TRANSCRIPT REQUEST Motion Hearing held June 29, 2023 by The State of Texas for proceedings held on 6/29/2023. Proceedings Transcribed: Motion Hearing. Court Reporter: Tamara Ross. (Wassdorf, William) (Entered: 08/08/2023)

MOTION for Summary Judgment by Mayo Pharmacy, Inc., The State of Texas. (Attachments: # 1 Exhibit A - Declaration of Eric Bentley, # 2 Exhibit B - Declaration of Mayo Pharmacy, Inc., # 3 Proposed Order)(Dill, Andrea) (Entered: 09/15/2023)

1 Exhibit A - Declaration of Eric Bentley

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2 Exhibit B - Declaration of Mayo Pharmacy, Inc.

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3 Proposed Order

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Unopposed MOTION for Extension of Time to File Response/Reply as to 49 MOTION for Summary Judgment : Unopposed Motion to Modify Briefing Schedule and for Other Relief by Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights. (Attachments: # 1 Proposed Order)(Marcus, Lisa) (Entered: 09/26/2023)

1 Proposed Order

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CERTIFICATE OF SERVICE by Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights 50 Unopposed MOTION for Extension of Time to File Response/Reply as to 49 MOTION for Summary Judgment : Unopposed Motion to Modify Briefing Schedule and for Other Relief (Marcus, Lisa) (Entered: 09/27/2023)

Deficiency Notice

Order on Motion for Extension of Time to File Response/Reply

DEFICIENCY NOTICE: re 50 Unopposed MOTION for Extension of Time to File Response/Reply as to 49 MOTION for Summary Judgment : Unopposed Motion to Modify Briefing Schedule and for Other Relief. No Certificate of Service included in motion. File a Certificate of Service as a SEPARATE PLEADING, including a Cover page with proper heading, case style, case number and document title. File using the "Certificate of Service" Event located under the "Service of Process" menu. Link the Certificate of Service to the Original Pleading (jb3)

Text Order GRANTING 50 Defendants' Unopposed Motion for Extension of Time to File Response/Reply. It is ORDERED that the time for Defendants to respond to Plaintiffs' Motion for Summary Judgment is extended to October 20, 2023. It is further ORDERED that the parties' deadlines and page limits for briefing their cross-motions for summary judgments are as follows: Plaintiffs' Supplemental Summary Judgment Brief is due three weeks following the issuance of HHS revised pharmacy guidance (20-page limit); Defendants' Combined Cross-Motion for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment is due 10/20/2023 (40-page limit); Plaintiffs' Combined Reply and Opposition to Defendants Cross-Motion is due 11/3/2023 (30-page limit); and Defendants' Combined Reply and Supplemental Opposition to Plaintiffs' Supplemental Brief is due 11/17/2023 (30-page limit). It is so ORDERED. Entered by Judge David Counts. (This is a text-only entry generated by the court. There is no document associated with this entry.) (db)

NOTICE by Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights (Attachments: # 1 Pharmacy Guidance (revised Sept. 29, 2023))(Marcus, Lisa) (Entered: 09/29/2023)

1 Pharmacy Guidance (revised Sept. 29, 2023)

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SUPPLEMENTAL MEMORANDUM to 49 MOTION for Summary Judgment by Mayo Pharmacy, Inc., The State of Texas. (Attachments: # 1 Exhibit)(Hilton, Amy) (Entered: 10/20/2023)

1 Exhibit

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NOTICE of Filing Administrative Record by Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights (Attachments: # 1 AR Certification & Index, # 2 Administrative Record)(Marcus, Lisa) (Entered: 10/20/2023)

1 AR Certification & Index

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2 Administrative Record

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MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment by Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Marcus, Lisa) (Entered: 10/20/2023)

1 Exhibit 1

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2 Proposed Order

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Miscellaneous Objection to 54 Notice of Filing, Defendants' Notice of Administration Record by Mayo Pharmacy, Inc., The State of Texas. (Hilton, Amy) (Entered: 11/03/2023)

Response in Opposition to Motion, filed by Mayo Pharmacy, Inc., The State of Texas, re 55 MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment filed by Defendant United States Department of Health and Human Services Office for Civil Rights, Defendant United States Department of Health and Human Services, Defendant Xavier Becerra and Reply in Support of Plaintiffs' Motion for Summary Judgment (Attachments: # 1 Exhibit)(Hilton, Amy) (Entered: 11/03/2023)

1 Exhibit

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NOTICE of Filing of Supplemental Administrative Record by Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights (Attachments: # 1 Supplemental Certification of the Administrative Record, # 2 Index to the Administrative Record (As Supplemented November 17, 2023), # 3 Supplement to Administrative Record)(Marcus, Lisa) (Entered: 11/17/2023)

1 Supplemental Certification of the Administrative Record

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2 Index to the Administrative Record (As Supplemented November 17, 2023)

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3 Supplement to Administrative Record

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RESPONSE to 56 Miscellaneous Objection by Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights. (Marcus, Lisa) (Entered: 11/17/2023)

REPLY to Response to Motion, filed by Xavier Becerra, United States Department of Health and Human Services, United States Department of Health and Human Services Office for Civil Rights, re 55 MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment filed by Defendant United States Department of Health and Human Services Office for Civil Rights, Defendant United States Department of Health and Human Services, Defendant Xavier Becerra : Defendants Reply in Support of Motion for Summary Judgment and Supplemental Opposition to Plaintiffs Motion for Summary Judgment (Attachments: # 1 Ex. 1 - Redline comparing Revised Guidance to Superseded Guidance)(Marcus, Lisa) (Entered: 11/17/2023)

1 Ex. 1 - Redline comparing Revised Guidance to Superseded Guidance

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RESPONSE to 59 Response by Mayo Pharmacy, Inc., The State of Texas. (Hilton, Amy) (Entered: 11/21/2023)

Unopposed MOTION to Withdraw as Attorney by The State of Texas. (Attachments: # 1 Proposed Order)(Hilton, Amy) (Entered: 12/14/2023)

Order on Motion to Withdraw as Attorney

Text Order GRANTING 62 Plaintiff's Unopposed Motion to Withdraw as Counsel of Record. It is ORDERED that Christopher D. Hilton is hereby withdrawn as counsel of record for Plaintiff. The Clerk of Court is directed to terminate Mr. Hilton from receiving further filings in this case. It is so ORDERED. Entered by Judge David Counts. (This is a text-only entry generated by the court. There is no document associated with this entry.) (db)

ORDER Setting Motion Hearing for 1/26/2024 01:00 PM in Midland before Judge David Counts. Signed by Judge David Counts. (bot2) (Entered: 12/21/2023)

Minute Entry for proceedings held before Judge David Counts: Motion Hearing held on 1/26/2024 re 50 Unopposed MOTION for Extension of Time to File Response/Reply as to 49 MOTION for Summary Judgment : Unopposed Motion to Modify Briefing Schedule and for Other Relief filed by United States Department of Health and Human Services Office for Civil Rights, United States Department of Health and Human Services, Xavier Becerra, 49 MOTION for Summary Judgment filed by Mayo Pharmacy, Inc., The State of Texas, 55 MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment filed by United States Department of Health and Human Services Office for Civil Rights, United States Department of Health and Human Services, Xavier Becerra (Minute entry documents are not available electronically). (Court Reporter Tamara Ross)(slt) (Entered: 01/26/2024)

ADVISORY TO THE COURT by Mayo Pharmacy, Inc., The State of Texas . (Attachments: # 1 Exhibit)(Hilton, Amy) (Entered: 01/30/2024)

1 Exhibit

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Transcript filed of Proceedings held on 1/26/2024, Proceedings Transcribed: Motion Hearing. Court Reporter/Transcriber: Tamara D. Ross, Telephone number: (432) 685-0346. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. Redaction Request due 2/27/2024, Redacted Transcript Deadline set for 3/8/2024, Release of Transcript Restriction set for 5/6/2024. (sg) (Entered: 02/06/2024)

TRANSCRIPT REQUEST by The State of Texas for proceedings held on January 26, 2024. Proceedings Transcribed: Motions Hearing. Court Reporter: Tamara Ross. (Hilton, Amy) (Entered: 02/06/2024)

NOTICE OF SUPPLEMENTAL AUTHORITY by The State of Texas (Attachments: # 1 Exhibit A)(Hilton, Amy) (Entered: 03/26/2024)

1 Exhibit A

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MEMORANDUM OPINION AND ORDER re 49 Motion for Summary Judgment filed by Mayo Pharmacy, Inc., The State of Texas, 55 Motion for Summary Judgment, filed by United States Department of Health and Human Services Office for Civil Rights, United States Department of Health and Human Services, Xavier Becerra. Signed by Judge David Counts. (jb3) (Entered: 04/05/2024)

FINAL JUDGMENT. Signed by Judge David Counts. (jb3) (Entered: 04/08/2024)