Case: State of Tennessee v. Becerra

O'Neill Institute

Sandra Battle & T.E. Wheeler

Catherine E. Lhamon and Vanita Gupta

United States Department of Education

COMPLAINT against Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services (Filing fee $ 405; receipt number 5418349), filed by State of Nebraska, State of Indiana, State of West Virginia, State of Tennessee, State of Oklahoma, Commonwealth of Virginia, State of Georgia, State of Mississippi, Commonwealth of Kentucky, State of Ohio, State of South Carolina, State of South Dakota, State of Kansas, State of Louisiana, State of Alabama. (Attachments: # 1 Exhibit A - HHS Final Rule, # 2 Exhibit B - Comment Letter of TN and Other States, # 3 Civil Cover Sheet)(JCH) (Entered: 05/31/2024)

1 Exhibit A - HHS Final Rule

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2 Exhibit B - Comment Letter of TN and Other States

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3 Civil Cover Sheet

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Summons Issued as to Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services. (JCH) (Entered: 05/31/2024)

Remark

Issued summons emailed to attorney to email address listed on docket. (JCH)

NOTICE of Appearance by Justin L. Matheny-State Gov on behalf of State of Mississippi (Matheny-State Gov, Justin) (Entered: 05/31/2024)

MOTION for Clifton E. Katz to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5419987) by State of South Dakota (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Matheny-State Gov, Justin) (Entered: 06/03/2024)

MOTION for Michael R. Williams to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5420217) by State of West Virginia (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Matheny-State Gov, Justin) (Entered: 06/03/2024)

MOTION for T. Elliot Gaiser to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5420299) by State of Ohio (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Matheny-State Gov, Justin) (Entered: 06/03/2024)

MOTION for Harrison G. Kilgore to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5421329) by State of Tennessee (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Griffin, Steven) (Entered: 06/04/2024)

Order on Motion to Appear Pro Hac Vice

TEXT ONLY ORDER granting 4 Motion to Appear Pro Hac Vice. That Attorney Clifton E. Katz be admitted pro hac vice in this case on behalf of Plaintiff State of South Dakota in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 6/4/2024 (AB)

TEXT ONLY ORDER granting 5 Motion to Appear Pro Hac Vice. That Attorney Michael R. Williams be admitted pro hac vice in this case on behalf of Plaintiff State of West Virginia in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 6/4/2024 (AB)

TEXT ONLY ORDER granting 6 Motion to Appear Pro Hac Vice. That Attorney T. Elliot Gaiser be admitted pro hac vice in this case on behalf of Plaintiff State of Ohio in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 6/4/2024 (AB)

TEXT ONLY ORDER granting 7 Motion to Appear Pro Hac Vice. That Attorney Harrison G. Kilgore be admitted pro hac vice in this case on behalf of Plaintiff State of Tennessee in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 6/4/2024 (AB)

MOTION for Lincoln J. Korell to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5421527) by State of Nebraska (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Matheny-State Gov, Justin) (Entered: 06/04/2024)

MOTION for Stephen J. Petrany to Appear Pro Hac Vice by State of Georgia (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Matheny-State Gov, Justin) (Entered: 06/05/2024)

Order on Motion to Appear Pro Hac Vice

Pro Hac Vice fee paid

TEXT ONLY ORDER granting 8 Motion to Appear Pro Hac Vice. That Attorney Lincoln J. Korell be admitted pro hac vice in this case on behalf of Plaintiff State of Nebraska in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 6/5/2024 (AB)

Pro Hac Vice fee paid by Stephen J. Petrany $ 100, receipt number 5421712 (JCH)

TEXT ONLY ORDER granting 9 Motion to Appear Pro Hac Vice. That Attorney Stephen J. Petrany be admitted pro hac vice in this case on behalf of Plaintiff State of Georgia in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 6/5/2024 (AB)

MOTION for Alexander Barrett Bowdre to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5423120) by State of Alabama (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Matheny-State Gov, Justin) (Entered: 06/06/2024)

MOTION for James A. Barta to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5423245) by State of Indiana (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Matheny-State Gov, Justin) (Entered: 06/06/2024)

MOTION for Justin D. Clark to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5423258) by Commonwealth of Kentucky (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Matheny-State Gov, Justin) (Entered: 06/06/2024)

MOTION for Thomas T. Hydrick to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5423271) by State of South Carolina (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Matheny-State Gov, Justin) (Entered: 06/06/2024)

Order on Motion to Appear Pro Hac Vice

TEXT ONLY ORDER granting 10 Motion to Appear Pro Hac Vice. That Attorney Alexander Barrett Bowdre be admitted pro hac vice in this case on behalf of Plaintiff State of Alabama in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 6/7/2024 (AB)

TEXT ONLY ORDER granting 11 Motion to Appear Pro Hac Vice. That Attorney James A. Barta be admitted pro hac vice in this case on behalf of Plaintiff State of Indiana in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 6/7/2024 (AB)

TEXT ONLY ORDER granting 12 Motion to Appear Pro Hac Vice. That Attorney Justin D. Clark be admitted pro hac vice in this case on behalf of Plaintiff Commonwealth of Kentucky in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 6/7/2024 (AB)

TEXT ONLY ORDER granting 13 Motion to Appear Pro Hac Vice. That Attorney Thomas T. Hydrick be admitted pro hac vice in this case on behalf of Plaintiff State of South Carolina in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 6/7/2024 (AB)

MOTION for Kevin M. Gallagher to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5424423) by Commonwealth of Virginia (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Matheny-State Gov, Justin) (Entered: 06/07/2024)

MOTION for Brendan T. Chestnut to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5424456) by Commonwealth of Virginia (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Matheny-State Gov, Justin) (Entered: 06/07/2024)

MOTION for James R. Rodriguez to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5425052) by State of Kansas (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Matheny-State Gov, Justin) (Entered: 06/10/2024)

Order on Motion to Appear Pro Hac Vice

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

TEXT ONLY ORDER granting 14 Motion to Appear Pro Hac Vice; granting 15 Motion to Appear Pro Hac Vice. That Attorneys Kevin M. Gallagher and Brendan T. Chestnut be admitted pro hac vice in this case on behalf of Plaintiff Commonwealth of Virginia in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 6/10/2024 (AB)

TEXT ONLY ORDER granting 16 Motion to Appear Pro Hac Vice. That Attorney James R. Rodriguez be admitted pro hac vice in this case on behalf of Plaintiff State of Kansas in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 6/10/2024 (AB)

MOTION for Whitney Hermandorfer to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5426210) by State of Tennessee (Griffin, Steven) (Entered: 06/11/2024)

Docket Annotation

DOCKET ANNOTATION as to #17. Motion and attachments are filed as one main document. Attachments or exhibits should be scanned separately and docketed as properly identified attachments to the main document within the same docket entry. Attorney is directed to follow this procedure in future filings. L.U.Civ.R. 7.(b)(2). (wld)

Order on Motion to Appear Pro Hac Vice

TEXT ONLY ORDER granting 17 Motion to Appear Pro Hac Vice. That Attorney Whitney Hermandorfer be admitted pro hac vice in this case on behalf of Plaintiff State of Tennessee in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 6/13/2024 (AB)

NOTICE of Appearance by James Earl Graves, III on behalf of Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services (Graves, James) (Entered: 06/13/2024)

NOTICE of Appearance by Sarah Suwanda-Federal Gov on behalf of All Defendants (Suwanda-Federal Gov, Sarah) (Entered: 06/13/2024)

MOTION for Preliminary Injunction and § 705 Stay by Commonwealth of Kentucky, Commonwealth of Virginia, State of Alabama, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of West Virginia (Attachments: # 1 Exhibit A - Declaration of Stephen Smith, # 2 Exhibit B - Declaration of Cody Smith, # 3 Exhibit C - Declaration of Kimberly Sullivan, # 4 Exhibit D - Declaration of Jeremy Brunssen, # 5 Exhibit E - Declaration of Cheryl Roberts, # 6 Exhibit F - Declaration of Steven Voigt, # 7 Exhibit G - Declaration of Robert Kerr, # 8 Exhibit H - Declaration of Wanda Davis, # 9 Exhibit I - Declaration of Matthew Althoff, # 10 Exhibit J - Declaration of Stephanie Azar)(Griffin, Steven) (Entered: 06/13/2024)

1 Exhibit A - Declaration of Stephen Smith

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2 Exhibit B - Declaration of Cody Smith

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3 Exhibit C - Declaration of Kimberly Sullivan

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4 Exhibit D - Declaration of Jeremy Brunssen

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5 Exhibit E - Declaration of Cheryl Roberts

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6 Exhibit F - Declaration of Steven Voigt

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7 Exhibit G - Declaration of Robert Kerr

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8 Exhibit H - Declaration of Wanda Davis

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9 Exhibit I - Declaration of Matthew Althoff

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10 Exhibit J - Declaration of Stephanie Azar

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MEMORANDUM in Support re 20 MOTION for Preliminary Injunction and § 705 Stay filed by Commonwealth of Kentucky, Commonwealth of Virginia, State of Alabama, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of West Virginia (Griffin, Steven) (Entered: 06/13/2024)

RESPONSE in Opposition re 20 MOTION for Preliminary Injunction and § 705 Stay Insofar as It Seeks an Expedited Briefing Schedule filed by Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services (Suwanda-Federal Gov, Sarah) (Entered: 06/14/2024)

SCHEDULING ORDER re 20 MOTION for Preliminary Injunction and § 705 Stay filed by State of Oklahoma, State of Indiana, Commonwealth of Kentucky, State of Kansas, State of South Dakota, State of South Carolina, State of Ohio, State of Mississippi, State of Alabama, State of Nebraska, Commonwealth of Virginia, State of West Virginia, State of Georgia, State of Tennessee, and State of Louisiana. Defendants shall file their response to the 20 Motion by June 27, 2024, and Plaintiffs shall file any reply by July 1, 2024. Please see the Scheduling Order for additional details. Signed by District Judge Louis Guirola, Jr., on 6/14/2024. (BR) (Entered: 06/14/2024)

RESPONSE in Opposition re 20 MOTION for Preliminary Injunction and § 705 Stay filed by Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services (Attachments: # 1 Ex. 1 - Neese Class Certification Order, # 2 Ex. 2 - Neese Final Judgment Order)(Suwanda-Federal Gov, Sarah) (Entered: 06/27/2024)

1 Ex. 1 - Neese Class Certification Order

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2 Ex. 2 - Neese Final Judgment Order

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MOTION for Garry M. Gaskins, II to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5441257) by State of Oklahoma (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Matheny-State Gov, Justin) (Entered: 07/01/2024)

REPLY to Response to Motion re 20 MOTION for Preliminary Injunction and § 705 Stay filed by Commonwealth of Kentucky, Commonwealth of Virginia, State of Alabama, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of West Virginia (Griffin, Steven) (Entered: 07/01/2024)

MOTION for Kelsey L. Smith to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5441745) by State of Louisiana (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Matheny-State Gov, Justin) (Entered: 07/02/2024)

Order on Motion to Appear Pro Hac Vice

TEXT ONLY ORDER granting 25 Motion to Appear Pro Hac Vice. That Attorney Garry M. Gaskins, II be admitted pro hac vice in this case on behalf of Plaintiff State of Oklahoma in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 7/2/2024 (AB)

TEXT ONLY ORDER denying 27 Motion to Appear Pro Hac Vice. The certificate of good standing attached to the motion had expired as of the filing of the application. The motion is hereby denied without prejudice to movant's right to refile when an updated certificate is obtained. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 7/2/2024 (AB)

MOTION for Kelsey L. Smith to Appear Pro Hac Vice by State of Louisiana (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Matheny-State Gov, Justin) (Entered: 07/02/2024)

Docket Annotation

DOCKET ANNOTATION as to # 28. Attorney is advised that when attaching a Certificate of Good Standing, "attachment" should be chosen from the category box, not "exhibit". If exhibit is chosen, each exhibit needs to be labeled with a letter/number. Attorney is not required to re-file, but should follow this procedure in future filings. (JCH)

Order on Motion to Appear Pro Hac Vice

MEMORANDUM OPINION AND ORDER granting 20 Motion for Preliminary Injunction. See Order for details. Signed by District Judge Louis Guirola, Jr on 7/3/24. (JCH) (Entered: 07/03/2024)

PRELIMINARY INJUNCTION. See document for details. Signed by District Judge Louis Guirola, Jr on 7/3/24. (JCH) (Entered: 07/03/2024)

TEXT ONLY ORDER granting 28 Motion to Appear Pro Hac Vice. That Attorney Kelsey L. Smith be admitted pro hac vice in this case on behalf of Plaintiff State of Louisiana in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 7/3/2024 (AB)

MOTION for Lindsey R. Keiser to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5447870) by Commonwealth of Kentucky (Attachments: # 1 Exhibit 1 - Certificate of Good Standing)(Matheny-State Gov, Justin) (Entered: 07/11/2024)

Order on Motion to Appear Pro Hac Vice

TEXT ONLY ORDER granting 31 Motion to Appear Pro Hac Vice. That Attorney Lindsey R. Keiser be admitted pro hac vice in this case on behalf of Plaintiff Commonwealth of Kentucky in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 7/18/2024 (AB)

MOTION for Entry of a Briefing Schedule for Dispositive Motions by Commonwealth of Kentucky, Commonwealth of Virginia, State of Alabama, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of West Virginia (Griffin, Steven) (Entered: 07/22/2024)

First MOTION for Extension of Time to File Answer or Response to the Complaint by Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services (Suwanda-Federal Gov, Sarah) (Entered: 07/24/2024)

SUMMONS Returned Executed by State of Nebraska, State of Indiana, State of West Virginia, State of Tennessee, State of Oklahoma, Commonwealth of Virginia, State of Georgia, State of Mississippi, Commonwealth of Kentucky, State of Ohio, State of South Carolina, State of South Dakota, State of Kansas, State of Louisiana, State of Alabama. Melanie Fontes Rainer served on 5/31/2024, answer due 6/21/2024. (Matheny-State Gov, Justin) (Entered: 07/31/2024)

SUMMONS Returned Executed by State of Nebraska, State of Indiana, State of West Virginia, State of Tennessee, State of Oklahoma, Commonwealth of Virginia, State of Georgia, State of Mississippi, Commonwealth of Kentucky, State of Ohio, State of South Carolina, State of South Dakota, State of Kansas, State of Louisiana, State of Alabama. Centers for Medicare and Medicaid Services served on 5/31/2024, answer due 6/21/2024. (Matheny-State Gov, Justin) (Entered: 07/31/2024)

SUMMONS Returned Executed by State of Nebraska, State of Indiana, State of West Virginia, State of Tennessee, State of Oklahoma, Commonwealth of Virginia, State of Georgia, State of Mississippi, Commonwealth of Kentucky, State of Ohio, State of South Carolina, State of South Dakota, State of Kansas, State of Louisiana, State of Alabama. Chiquita Brooks-LaSure served on 5/31/2024, answer due 6/21/2024. (Matheny-State Gov, Justin) (Entered: 07/31/2024)

SUMMONS Returned Executed by State of Nebraska, State of Indiana, State of West Virginia, State of Tennessee, State of Oklahoma, Commonwealth of Virginia, State of Georgia, State of Mississippi, Commonwealth of Kentucky, State of Ohio, State of South Carolina, State of South Dakota, State of Kansas, State of Louisiana, State of Alabama. United States Department of Health and Human Services served on 5/31/2024, answer due 7/31/2024. (Matheny-State Gov, Justin) Modified answer date on 8/1/2024 (wld). (Entered: 07/31/2024)

SUMMONS Returned Executed by State of Nebraska, State of Indiana, State of West Virginia, State of Tennessee, State of Oklahoma, Commonwealth of Virginia, State of Georgia, State of Mississippi, Commonwealth of Kentucky, State of Ohio, State of South Carolina, State of South Dakota, State of Kansas, State of Louisiana, State of Alabama. Xavier Becerra served on 5/31/2024, answer due 6/21/2024. (Matheny-State Gov, Justin) (Entered: 07/31/2024)

Docket Annotation

Set/Reset Deadlines

Reset Deadlines: United States Department of Health and Human Services answer due 7/31/2024. (wld)

DOCKET ANNOTATION as to #37. Clerk corrected answer deadline for United States Department of Health and Human Services to 7/31/2024. (wld)

RESPONSE to Motion re 33 First MOTION for Extension of Time to File Answer or Response to the Complaint filed by Commonwealth of Kentucky, Commonwealth of Virginia, State of Alabama, State of Georgia, State of Indiana, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of West Virginia (Griffin, Steven) (Entered: 08/05/2024)

RESPONSE in Opposition re 32 MOTION for Entry of a Briefing Schedule for Dispositive Motions filed by Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services (Suwanda-Federal Gov, Sarah) (Entered: 08/05/2024)

NOTICE of Appearance by Zachary Sherwood-Federal Gov on behalf of Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services (Sherwood-Federal Gov, Zachary) (Entered: 08/29/2024)

NOTICE OF APPEAL as to 29 Order on Motion for Preliminary Injunction, 30 Preliminary Injunction by Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services. (Sherwood-Federal Gov, Zachary) (Entered: 08/30/2024)

Appeal Remark re 42 Notice of Appeal : Letter sent to attorney from USCA RE: USCA # 24-60462 and instructions. (JCH) (Entered: 09/06/2024)

USCA Case Number

Appeal Record Sent to USCA

USCA Case Number 24-60462 for 42 Notice of Appeal, filed by Chiquita Brooks-LaSure, United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, Xavier Becerra, Melanie Fontes Rainer. (JCH)

Certified and Transmitted Record on Appeal to US Court of Appeals re 42 Notice of Appeal. Once the record has been accepted, a separate docket entry will be made notifying parties that they may then access the record via the 5th Circuit website. (JCH)

Order on Motion for Extension of Time to Answer

TEXT ONLY ORDER granting 33 Motion for Extension of Time to File Answer or Response to the Complaint filed by All Defendants. The answer/response deadline is extended to September 30, 2024. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Louis Guirola, Jr., on 9/10/2024. (BR)

Electronic Record on Appeal Accepted

ELECTRONIC RECORD ON APPEAL ACCEPTED : The Court of Appeals has accepted the Electronic Record on Appeal and it is available for attorney access and download at http://http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf using credentials provided to you by the Clerk of that Court. COUNSEL MUST HAVE AN APPEARANCE FORM ON FILE. If you have not filed it and/or have just filed it, please allow 3-5 days for processing. Requirements: Java 1.7, Adobe Acrobat Reader 11, turn off pop up blockers or add CM/ECF filing system to approved pop up settings. Pro Se Parties should request the record from the Clerks Office. (JCH)

ORDER taking under advisement 32 Motion Entry of Briefing Schedule and Requiring Briefs Signed by District Judge Louis Guirola, Jr on 09/25/2024 (Guirola, Louis) (Entered: 09/25/2024)

MOTION to Stay Proceedings by Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services (Suwanda-Federal Gov, Sarah) (Entered: 09/25/2024)

Set Motion and R&R Deadlines/Hearings

Order

TEXT ONLY ORDER requiring expedited response and reply regarding 45 MOTION to Stay Proceedings filed by Chiquita Brooks-LaSure, United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, Xavier Becerra, and Melanie Fontes Rainer. The response deadline is October 1, 2024, and the reply deadline is October 3, 2024. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Louis Guirola, Jr., on 9/26/2024. (BR)

Set/Reset Deadlines as to 45 MOTION to Stay Proceedings. Response is due by 10/1/2024. Reply is due by 10/3/2024. (BR)

TEXT ONLY ORDER regarding 45 MOTION to Stay Proceedings filed by Chiquita Brooks-LaSure, United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, Xavier Becerra, and Melanie Fontes Rainer. Defendants are ordered to file a memorandum brief in support of their Motion to Stay by Friday, September 27, 2024, at 2:00 p.m. See L.U. Civ. R. 7(b)(4). NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Louis Guirola, Jr., on 9/26/2024. (BR)

Amended MOTION to Stay Proceedings by Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services (Attachments: # 1 Memorandum Brief in Support of Defendants' Amended Motion to Stay)(Suwanda-Federal Gov, Sarah) (Entered: 09/27/2024)

Set Motion and R&R Deadlines/Hearings

Order on Motion to Stay Proceedings

Order