Case: Oklahoma v. United States Department of Health and Human Services

Oklahoma v. United States Department of Health

Supreme Court of the United States

Legal Defense Fund

COMPLAINT against Xavier Becerra, Jessica S Marcella, Office of Population Affairs, United States Department of Health and Human Services filed by Oklahoma State of. (Attachments: # 1 Exhibit 1 - OSDH program review report, # 2 Exhibit 2 - HHS Suspension Letter, # 3 Exhibit 3 - HHS Term Notice, # 4 Exhibit 4 - Administrative Appeal, # 5 Civil Cover Sheet)(naa) (Entered: 11/20/2023)

1 Exhibit 1 - OSDH program review report

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2 Exhibit 2 - HHS Suspension Letter

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3 Exhibit 3 - HHS Term Notice

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4 Exhibit 4 - Administrative Appeal

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5 Civil Cover Sheet

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Payment for a Civil Case

Summons Issued Electronically as to Xavier Becerra, Jessica S Marcella, Office of Population Affairs, United States Department of Health and Human Services. (naa) (Entered: 11/20/2023)

PAYMENT FOR A CIVIL CASE Filing fee $ 402, receipt number AOKWDC-4298684. (McFadden, J)

ENTRY of Appearance by J Miles McFadden on behalf of Oklahoma State of (McFadden, J) (Entered: 11/20/2023)

ENTRY of Appearance by R Tom Hillis on behalf of Oklahoma State of (Hillis, R) (Entered: 11/20/2023)

ENTRY of Appearance by Audrey A Weaver on behalf of Oklahoma State of (Weaver, Audrey) (Entered: 11/20/2023)

ENTRY of Appearance by Garry M Gaskins, II on behalf of Oklahoma State of (Gaskins, Garry) (Entered: 11/20/2023)

ENTRY of Appearance by Zachary P West on behalf of Oklahoma State of (West, Zachary) (Entered: 11/20/2023)

ENTRY of Appearance by Barry G Reynolds on behalf of Oklahoma State of (Reynolds, Barry) (Entered: 11/20/2023)

SUMMONS RETURNED EXECUTED by Oklahoma State of. Office of Population Affairs served on 11/22/2023. (Attachments: # 1 Exhibit A - Return Green Card)(Hillis, R) (Entered: 12/04/2023)

SUMMONS RETURNED EXECUTED by Oklahoma State of. United States Department of Health and Human Services served on 11/22/2023. (Attachments: # 1 Exhibit A - Return Green Card)(Hillis, R) (Entered: 12/04/2023)

SUMMONS RETURNED EXECUTED by Oklahoma State of. Jessica S Marcella served on 11/30/2023. (Attachments: # 1 Exhibit A - Return Service Docs)(Hillis, R) (Entered: 12/04/2023)

SUMMONS RETURNED EXECUTED by Oklahoma State of. United States Department of Health and Human Services served on 12/4/2023. (Attachments: # 1 Exhibit A - Return Service Docs)(Hillis, R) (Entered: 12/04/2023)

SUMMONS RETURNED EXECUTED by Oklahoma State of. Jessica S Marcella served on 12/4/2023. (Attachments: # 1 Exhibit A - Return Service Docs)(Hillis, R) (Entered: 12/04/2023)

SUMMONS RETURNED EXECUTED by Oklahoma State of. Jessica S Marcella served on 12/8/2023. (Attachments: # 1 Exhibit A - Return Service Docs)(Hillis, R) (Entered: 12/15/2023)

SUMMONS RETURNED EXECUTED by Oklahoma State of. Office of Population Affairs served on 12/8/2023. (Attachments: # 1 Exhibit A - Return Service Docs)(Hillis, R) (Entered: 12/15/2023)

SUMMONS RETURNED EXECUTED by Oklahoma State of. Xavier Becerra served on 11/28/2023. (Attachments: # 1 Exhibit A - Return Service Docs)(Hillis, R) (Entered: 12/15/2023)

SUMMONS RETURNED EXECUTED by Oklahoma State of. Xavier Becerra served on 11/24/2023. (Attachments: # 1 Exhibit A - Return Service Docs)(Hillis, R) (Entered: 12/15/2023)

SUMMONS RETURNED EXECUTED by Oklahoma State of. Xavier Becerra served on 11/22/2023. (Attachments: # 1 Exhibit A - Return Service Docs)(Hillis, R) (Entered: 12/15/2023)

ENTRY of Appearance by Robert C Merritt on behalf of All Defendants (Merritt, Robert). Document flattened to optimize CM/ECF display; no other changes made Modified on 2/20/2024 (naa). (Entered: 01/18/2024)

UNOPPOSED MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by All Defendants. (Attachments: # 1 Proposed Order)(Merritt, Robert) (Entered: 01/18/2024)

ORDER granting 20 defendants' unopposed motion for extension of time. Defendants shall file their answer or other responsive pleading to plaintiff's complaint not later than 02/21/2024. Signed by Judge Joe Heaton on 01/19/2024. (lam) (Entered: 01/19/2024)

ENTRY of Appearance by Michael Patrick Clendenen on behalf of Xavier Becerra, Jessica S Marcella, Office of Population Affairs, United States Department of Health and Human Services (Clendenen, Michael). Document flattened to optimize CM/ECF display; no other changes made . Modified on 2/20/2024 (naa). (Entered: 01/22/2024)

MOTION for Preliminary Injunction and Opening Brief in Support by Oklahoma State of. (Attachments: # 1 Exhibit 1 - Declaration of Tina Johnson, # 2 Exhibit 2 - 2016 Program Review, # 3 Exhibit 3 - Notice of Award, # 4 Exhibit 4 - HHS Suspension Letter, # 5 Exhibit 5 - HHS Termination Notice, # 6 Exhibit 6 - Administrative Appeal)(Hillis, R) (Entered: 01/26/2024)

1 Exhibit 1 - Declaration of Tina Johnson

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2 Exhibit 2 - 2016 Program Review

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3 Exhibit 3 - Notice of Award

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4 Exhibit 4 - HHS Suspension Letter

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5 Exhibit 5 - HHS Termination Notice

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6 Exhibit 6 - Administrative Appeal

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ENTRY of Appearance by Alexandra Rachel Saslaw on behalf of All Defendants (Saslaw, Alexandra) document flattened to optimize CM/ECF display; no other changes made . Modified on 2/8/2024 (naa). (Entered: 01/30/2024)

JOINT MOTION for Order Entering Scheduling Order for Preliminary Injunction Briefing and for an Expedited Ruling on Plaintiff's Motion for Preliminary Injunction by Oklahoma State of. (Hillis, R) (Entered: 01/30/2024)

ORDER granting 25 the joint motion of the parties for scheduling order and expedited ruling to this extent: 1) defendants' response to the preliminary injunction motion shall be filed by 02/23/2024; and 2) plaintiff's reply brief, if any, shall be filed by 03/01/2024. The deadline for defendants to file their answer or other responsive pleading is not altered by this order. Signed by Judge Joe Heaton on 01/31/2024. (lam) (Entered: 01/31/2024)

ANSWER to Complaint by All Defendants.(Saslaw, Alexandra) (Entered: 02/21/2024)

RESPONSE in Opposition re 23 MOTION for Preliminary Injunction and Opening Brief in Support filed by Xavier Becerra, Jessica S Marcella, Office of Population Affairs, United States Department of Health and Human Services. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Clendenen, Michael) (Entered: 02/23/2024)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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REPLY by Plaintiff Oklahoma State of in Support of Plaintiff's Motion for Preliminary Injunction filed by Oklahoma State of. (Hillis, R) (Entered: 03/01/2024)

ORDER Setting Hearing on Motion 23 plaintiff's motion for preliminary injunction. The motion is set for hearing on 03/27/2024 @ 1:30 p.m. in Courtroom No. 501 before Judge Joe Heaton. Any party anticipating offering evidence at the hearing is directed to indicate by an appropriate filing not later than 03/20/2024. See order for further specifics. Signed by Judge Joe Heaton on 03/12/2024. (lam) (Entered: 03/12/2024)

NOTICE (other) by Xavier Becerra, Jessica S Marcella, Office of Population Affairs, United States Department of Health and Human Services of Supplemental Authority (Attachments: # 1 Exhibit Mem. Op. in Tennessee v. U.S. Dep't of Health & Human Servs.)(Clendenen, Michael) (Entered: 03/13/2024)

RESPONSE re 31 Notice (other), filed by Oklahoma State of. (Hillis, R) (Entered: 03/15/2024)

ENTER ORDER the 03/27/2024 hearing on plaintiff's motion for preliminary injunction 23 is RESET to 03/26/2024 at 1:30 p.m., in Courtroom No. 501. Signed by Judge Joe Heaton on 03/18/2024. (lam) (Entered: 03/18/2024)

NOTICE (other) by Oklahoma State of Intent to Offer Evidence (Hillis, R) (Entered: 03/20/2024)

Minute Entry for proceedings held before Judge Joe Heaton: Non-Evidentiary hearing held 03/26/2024 on plaintiff's motion for preliminary injunction 23 filed 01/26/2024. Counsel for the parties present. The court hears oral arguments from counsel for the State of Oklahoma and counsel for defendants. For the reasons stated from the bench plaintiffs motion for preliminary injunction 23 is DENIED. Parties to file a joint status report as to how the parties anticipate going forward in light of the courts denial of plaintiffs motion within 3 weeks. Written order to follow. (Court Reporter Susan Fenimore.) (lam) (Entered: 03/26/2024)

ORDER denying 23 plaintiff's motion for preliminary injunction for the reasons stated from the bench at the hearing held this date. Signed by Judge Joe Heaton on 03/26/2024. (lam) (Entered: 03/26/2024)

ENTRY of Appearance by Allyson Scher on behalf of All Defendants (Scher, Allyson) Document flattened to optimize CM/ECF display; no other changes made . Modified on 3/27/2024 (naa). (Entered: 03/27/2024)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 3-26-24 before Judge Heaton. Court Reporter: Susan Fenimore, Telephone number 405-609-5145. Transcript of: Proceedings Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/19/2024. Redacted Transcript Deadline set for 4/29/2024. Release of Transcript Restriction set for 6/27/2024. (sf) (Entered: 03/29/2024)

NOTICE OF APPEAL as to 36 Order on Motion for Preliminary Injunction by Oklahoma State of. (Hillis, R) (Entered: 04/01/2024)

PRELIMINARY RECORD LETTER - Electronic Transmission of Notice of Appeal with Preliminary Record sent to Tenth Circuit Court of Appeals re 39 Notice of Appeal (Attachments: # 1 Attachment 1 - Preliminary Record on Appeal)(naa) (Entered: 04/01/2024)

1 Attachment 1 - Preliminary Record on Appeal

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USCA Appeal Fee received in the amount of $ 605, receipt number 500006302, re 39 Notice of Appeal filed by Oklahoma State of (naa) (Entered: 04/01/2024)

Tenth Circuit USCA Case Number 24-6063 for 39 Notice of Appeal filed by Oklahoma State of. Civil case docketed. Preliminary record filed. DATE RECEIVED: 04/01/2024 Docketing statement and transcript order form due 04/15/2024 for State of Oklahoma. Notice of appearance due on 04/15/2024 for Xavier Becerra, Jessica S. Marcella, Office of Population Affairs, State of Oklahoma and United States Department of Health, and Human Services, Secretary of [24-6063] (naa) (Entered: 04/02/2024)

TRANSCRIPT Order Form by Oklahoma State of re 39 Notice of Appeal that transcripts are necessary. See order form for dates and proceedings. (Hillis, R) (Entered: 04/02/2024)

TRANSCRIPT Order Form by Susan Fenimore re 39 Notice of Appeal that transcripts are necessary. See order form for dates and proceedings. Estimated completion date Already Completed. (sf) (Entered: 04/04/2024)

TRANSCRIPT LETTER advising Transcripts are necessary re 39 Notice of Appeal filed by Oklahoma State of. The record is ready for appeal purposes. (naa) (Entered: 04/12/2024)

JOINT STATUS REPORT by Defendants Xavier Becerra, Jessica S Marcella, Office of Population Affairs, United States Department of Health and Human Services. (Clendenen, Michael) (Entered: 04/16/2024)

ORDER per the parties' request in their Joint Status Report 46 this case is STAYED pending the 10th Circuit's resolution of plaintiff's appeal of this court's denial of it motion for preliminary injunction. The parties shall file a joint status report within 14 days of the 10th Circuit's resolution of plaintiff's appeal. Signed by Judge Joe Heaton on 04/18/2024. (lam) (Entered: 04/18/2024)

USCA OPINION as to 39 Notice of Appeal filed by Oklahoma State of. Affirmed. Terminated on the merits after oral hearing. Written, signed, published; Judges Bacharach (authoring judge), Ebel and Federico (dissenting). Mandate to issue. [24-6063] (ekw) (Entered: 07/15/2024)

USCA JUDGMENT as to 39 Notice of Appeal filed by Oklahoma State of. Judgment for opinion filed. [24-6063] (ekw) (Entered: 07/15/2024)

JOINT STATUS REPORT by Defendants Xavier Becerra, Jessica S Marcella, Office of Population Affairs, United States Department of Health and Human Services. (Clendenen, Michael) (Entered: 07/29/2024)

CIVIL SCHEDULING CONFERENCE DOCKET: A Scheduling Conference is set for 09/11/2024 09:30 AM in Chambers (Room 2301) before Judge Joe Heaton. Joint Status Report and Discovery Plan is due not later than 09/05/2024. (lam) (Entered: 08/28/2024)

MOTION to Withdraw as Attorney by All Defendants. (Saslaw, Alexandra) (Entered: 09/04/2024)

JOINT MOTION to Extend Deadlines or Hearings Joint Status Report and Scheduling Conference by Oklahoma State of. (Hillis, R) (Entered: 09/04/2024)

ORDER granting 53 the parties joint motion for continuance. The September 11, 2024, scheduling conference is STRICKEN. As suggested in the motion, the parties are directed to file a joint status report by November 1, 2024. Signed by Judge Joe Heaton on 09/05/2024. (lam) (Entered: 09/05/2024)

Terminate Hearings

Terminate deadline and hearing. (lam)

ORDER granting 52 Alexandra R. Saslaw, Esq.'s motion to withdraw as counsel for defendants. The Clerk of Court is directed to strike Ms. Saslaw's name as counsel for defendants. Signed by Judge Joe Heaton on 09/05/2024. (lam) (Entered: 09/05/2024)

USCA MANDATE Issued re 39 Notice of Appeal filed by Oklahoma State of (dtb) (Entered: 09/09/2024)

PETITION FOR WRIT OF CERTIORARI re Supreme Court Number:24-437. Petition for writ of certiorari filed by State of Oklahoma on 10/15/2024. Supreme Court Number 24-437. [24-6063] (kb) (Entered: 10/21/2024)

STATUS REPORT (Joint) by Defendants Xavier Becerra, Jessica S Marcella, Office of Population Affairs, United States Department of Health and Human Services. (Clendenen, Michael) (Entered: 11/01/2024)

ENTER ORDER per the parties' Joint Status Report, they are directed to file a further status report within 14 days of the Supreme Court's disposition of the pending petition for writ of certiorari. The case remains stayed in the meantime. Signed by Judge Joe Heaton on 11/07/2024. (lam) (Entered: 11/07/2024)

Withdraw as Attorney

Order on Motion to Withdraw as Attorney

Entry of Appearance

Withdraw as Attorney

Order on Motion to Withdraw as Attorney

Petition for Writ of Certiorari - Granted or Denied - Supreme Court

USCA Order