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

O'Neill Institute

Office for Civil Rights (OCR), Office of the Secretary, Department of Health and Human Services

Office of the Assistant Secretary for Planning and Evaluation, DHHS

COMPLAINT against All Defendants filed by State of Texas. (Filing fee $405; Receipt number ATXNDC-14891618) Clerk to issue summons(es) for federal defendant(s). 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 Cover Sheet Civil Cover Sheet) (Hilton, Amy) (Entered: 09/04/2024)

1 Cover Sheet Civil Cover Sheet

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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by State of Texas. (Clerk QC note: No affiliate entered in ECF). (Hilton, Amy) (Entered: 09/04/2024)

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. (bdg) (Entered: 09/05/2024)

Summons issued as to All Defendants, U.S. Attorney, and U.S. Attorney General. (bdg) (Entered: 09/05/2024)

SUMMONS RETURN - EXECUTED by State of Texas 1-Melanie Fontes Rainer Dir Dept HHS-OCR Proof (Hilton, Amy) Modified text and event on 9/20/2024 (bdg). (Entered: 09/19/2024)

SUMMONS RETURN - EXECUTED by State of Texas 2-Melanie Fontes Rainer Dir Dept HHS-OCR Proof (Hilton, Amy) Modified event and text on 9/20/2024 (bdg). (Entered: 09/19/2024)

SUMMONS RETURN - EXECUTED by State of Texas 3-Melanie Fontes Rainer Dir Dept HHS-OCR Proof (Hilton, Amy) Modified event and text on 9/20/2024 (bdg). (Entered: 09/19/2024)

SUMMONS RETURN - EXECUTED by State of Texas 4-US Dept of HHS Proof (Hilton, Amy) Modified event and text on 9/20/2024 (bdg). (Entered: 09/19/2024)

SUMMONS RETURN - EXECUTED by State of Texas 5-US Dept of HHS Proof (Hilton, Amy) Modified event and text on 9/20/2024 (bdg). (Entered: 09/19/2024)

SUMMONS RETURN - EXECUTED by State of Texas 6-US Dept of HHS - P2P Proof (Hilton, Amy) Modified event and text on 9/20/2024 (bdg). (Entered: 09/19/2024)

SUMMONS RETURN - EXECUTED by State of Texas 8-Xavier Becerra Sec of US HHS Proof (Hilton, Amy) Modified event and text on 9/20/2024 (bdg). (Entered: 09/19/2024)

SUMMONS RETURN - EXECUTED by State of Texas 9-Xavier Becerra Sec of US HHS - P2P Proof (Hilton, Amy) Modified event and text on 9/20/2024 (bdg). (Entered: 09/19/2024)

NOTICE of Attorney Appearance by John T. Lewis on behalf of United States Department of Health and Human Services, Xavier Becerra, Melanie Fontes Rainer. (Filer confirms contact info in ECF is current.) (Lewis, John) (Entered: 11/12/2024)

MOTION Joint Motion to Enter Briefing Schedule and Hold Defendants' Deadline to Respond to Complaint in Abeyance filed by United States Department of Health and Human Services, Xavier Becerra, Melanie Fontes Rainer with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Lewis, John) (Entered: 11/15/2024)

1 Proposed Order

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ORDER granting 14 Motion to Enter a Briefing Schedule and Hold the Defendants' Deadline to File a Response to the Complaint in Abeyance. The defendants will produce the administrative records for the two final rules at issue in this matter on or before November 22, 2024. The parties' dispositive motions will be due on or before January 17, 2025. The parties' respective opposition briefs will be due February 14, 2025. The parties' reply briefs in support of their dispositive motions will be due March 14, 2025. It is further ordered that the defendants' deadline to respond to the plaintiff's complaint is held in abeyance pending further order from this Court. (Ordered by Judge James Wesley Hendrix on 11/18/2024) (bdg) (Entered: 11/18/2024)

Administrative Record consisting of Certified Indices for 2000 and 2024 Rules filed by United States Department of Health and Human Services, Xavier Becerra, Melanie Fontes Rainer. (Attachments: # 1 Exhibit(s) Certified Index for 2000 Rule, # 2 Exhibit(s) Certified Index for 2024 Rule) (Lewis, John) (Entered: 11/22/2024)

1 Exhibit(s) Certified Index for 2000 Rule

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2 Exhibit(s) Certified Index for 2024 Rule

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Unopposed MOTION to Extend Time for Briefing Deadlines filed by State of Texas (Attachments: # 1 Proposed Order) (Hilton, Amy) (Entered: 01/15/2025)

ORDER granting 17 Motion to Extend the Briefing Schedule. The Court, finding good cause for an extension of the deadline,grants the motion. It is therefore ordered that the parties' dispositive motions will be due on or before February 7, 2025. The parties' respective opposition briefs will be due March 7, 2025. The parries' reply briefs in support of their dispositive motions will be due April 4, 2025. (Ordered by Judge James Wesley Hendrix on 1/15/2025) (bdg) (Entered: 01/15/2025)

MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative,, MOTION for Summary Judgment filed by United States Department of Health and Human Services, Xavier Becerra, Melanie Fontes Rainer (Attachments: # 1 Proposed Order) (Lewis, John) (Entered: 01/17/2025)

Brief/Memorandum in Support filed by United States Department of Health and Human Services, Xavier Becerra, Melanie Fontes Rainer re 19 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, MOTION for Summary Judgment (Lewis, John) (Entered: 01/17/2025)

Administrative Record consisting of Administrative Record for the 2000 Privacy Rule filed by United States Department of Health and Human Services, Xavier Becerra, Melanie Fontes Rainer. (Attachments: # 1 2000 Privacy Rule Certification and Index, # 2 Part 1, # 3 Part 2, # 4 Part 3, # 5 Part 4, # 6 Part 5, # 7 Part 6) (Lewis, John) (Entered: 01/17/2025)

Administrative Record consisting of Administrative Record for the 2024 Rule Parts 1-50 filed by United States Department of Health and Human Services, Xavier Becerra, Melanie Fontes Rainer. (Attachments: # 1 2024 Rule Certification and Index, # 2 Part 1, # 3 Part 2, # 4 Part 3, # 5 Part 4, # 6 Part 5, # 7 Part 6, # 8 Part 7, # 9 Part 8, # 10 Part 9, # 11 Part 10, # 12 Part 11, # 13 Part 12, # 14 Part 13, # 15 Part 14, # 16 Part 15, # 17 Part 16, # 18 Part 17, # 19 Part 18, # 20 Part 19, # 21 Part 20, # 22 Part 21, # 23 Part 22, # 24 Part 23, # 25 Part 24, # 26 Part 25, # 27 Part 26, # 28 Part 27, # 29 Part 28, # 30 Part 29, # 31 Part 30, # 32 Part 31, # 33 Part 32, # 34 Part 33, # 35 Part 34, # 36 Part 35, # 37 Part 36, # 38 Part 37, # 39 Part 38, # 40 Part 39, # 41 Part 40, # 42 Part 41, # 43 Part 42, # 44 Part 43, # 45 Part 44, # 46 Part 45, # 47 Part 46, # 48 Part 47, # 49 Part 48, # 50 Part 49, # 51 Part 50) (Lewis, John) (Entered: 01/17/2025)

Administrative Record consisting of Administrative Record for the 2024 Rule Parts 51-100 filed by United States Department of Health and Human Services, Xavier Becerra, Melanie Fontes Rainer. (Attachments: # 1 2024 Rule Certification and Index, # 2 Part 51, # 3 Part 52, # 4 Part 53, # 5 Part 54, # 6 Part 55, # 7 Part 56, # 8 Part 57, # 9 Part 58, # 10 Part 59, # 11 Part 60, # 12 Part 61, # 13 Part 62, # 14 Part 63, # 15 Part 64, # 16 Part 65, # 17 Part 66, # 18 Part 67, # 19 Part 68, # 20 Part 69, # 21 Part 70, # 22 Part 71, # 23 Part 72, # 24 Part 73, # 25 Part 74, # 26 Part 75, # 27 Part 76, # 28 Part 77, # 29 Part 78, # 30 Part 79, # 31 Part 80, # 32 Part 81, # 33 Part 82, # 34 Part 83, # 35 Part 84, # 36 Part 85, # 37 Part 86, # 38 Part 87, # 39 Part 88, # 40 Part 89, # 41 Part 90, # 42 Part 91, # 43 Part 92, # 44 Part 93, # 45 Part 94, # 46 Part 95, # 47 Part 96, # 48 Part 97, # 49 Part 98, # 50 Part 99, # 51 Part 100) (Lewis, John) (Entered: 01/17/2025)

Administrative Record consisting of Administrative Record for the 2024 Rule Parts 101-135 filed by United States Department of Health and Human Services, Xavier Becerra, Melanie Fontes Rainer. (Attachments: # 1 2024 Rule Certification and Index, # 2 Part 101, # 3 Part 102, # 4 Part 103, # 5 Part 104, # 6 Part 105, # 7 Part 106, # 8 Part 107, # 9 Part 108, # 10 Part 109, # 11 Part 110, # 12 Part 111, # 13 Part 112, # 14 Part 113, # 15 Part 114, # 16 Part 115, # 17 Part 116, # 18 Part 117, # 19 Part 118, # 20 Part 119, # 21 Part 120, # 22 Part 121, # 23 Part 122, # 24 Part 123, # 25 Part 124, # 26 Part 125, # 27 Part 126, # 28 Part 127, # 29 Part 128, # 30 Part 129, # 31 Part 130, # 32 Part 131, # 33 Part 132, # 34 Part 133, # 35 Part 134, # 36 Part 135) (Lewis, John) (Entered: 01/17/2025)

NOTICE of Substitution of Counsel filed by United States Department of Health and Human Services, Xavier Becerra, Melanie Fontes Rainer (Lowenstein, Jody) (Entered: 01/17/2025)

Proposed MOTION to Intervene filed by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America (Attachments: # 1 Exhibit(s) 1 - Proposed Order Granting Motion to Intervene, # 2 Exhibit(s) 2 - Proposed Motion to Dismiss, or in the Alternative, For Summary Judgment, # 3 Exhibit(s) 3 - Proposed Memorandum of Law in Support of Motion to Dismiss, or in the Alternative, for Summary Judgment, # 4 Exhibit(s) 4 - Appendix in Support of Motion to Dismiss or, in the Alternative, for Summary Judgment, # 5 Exhibit(s) 5 - Proposed Order Granting Motion to Dismiss or, in the Alternative, for Summary Judgment). Party City of Columbus added.Attorney Jennifer Rudenick Ecklund added to party City of Columbus, Ohio(pty:intvd), Attorney Jennifer Rudenick Ecklund added to party City of Madison, Wisconsin(pty:intvd), Attorney Jennifer Rudenick Ecklund added to party Doctors for America(pty:intvd) (Ecklund, Jennifer) (Entered: 01/17/2025)

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Brief/Memorandum in Support filed by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America re 26 Proposed MOTION to Intervene (Attachments: # 1 Exhibit(s) Appendix in Support of Proposed Intervenor-Deendants' Motion to Intervene) (Ecklund, Jennifer) (Entered: 01/17/2025)

MOTION For Leave to Proceed Without Local Counsel re 26 Proposed MOTION to Intervene, 27 Brief/Memorandum in Support of Motion, filed by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America (Ecklund, Jennifer) (Entered: 01/17/2025)

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Anna A. Moody (Filing fee $100; Receipt number ATXNDC-15197840) filed by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America (Attachments: # 1 Proposed Order Anna A. Moody) (Ecklund, Jennifer) (Entered: 01/17/2025)

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Adam Auckland-Peck (Filing fee $100; Receipt number ATXNDC-15197845) filed by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America (Attachments: # 1 Proposed Order Adam Aukland-Peck) (Ecklund, Jennifer) (Entered: 01/17/2025)

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Aisha Rich (Filing fee $100; Receipt number ATXNDC-15197847) filed by City of Columbus, Ohio, City of Madison, Wisconsin (Attachments: # 1 Proposed Order Aisha Rich) (Ecklund, Jennifer) Modified text on 1/21/2025 (bdg). (Entered: 01/17/2025)

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Gabriel Kohan (Filing fee $100; Receipt number ATXNDC-15197851) filed by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America (Attachments: # 1 Proposed Order Gabriel Kohan) (Ecklund, Jennifer) (Entered: 01/17/2025)

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Shannon Rose Selden (Filing fee $100; Receipt number ATXNDC-15197853) filed by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America (Attachments: # 1 Proposed Order Shannon Rose Selden) (Ecklund, Jennifer) (Entered: 01/17/2025)

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Carrie Y. Flaxman (Filing fee $100; Receipt number ATXNDC-15197856) filed by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America (Attachments: # 1 Proposed Order Carrie Flaxman) (Ecklund, Jennifer) (Entered: 01/17/2025)

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Emma Liebowitz (Filing fee $100; Receipt number ATXNDC-15197857) filed by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America (Attachments: # 1 Proposed Order Emma Liebowitz) (Ecklund, Jennifer) (Entered: 01/17/2025)

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Madeline H. Gitomer (Filing fee $100; Receipt number ATXNDC-15197858) filed by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America (Attachments: # 1 Proposed Order Madeline Gitomer) (Ecklund, Jennifer) (Entered: 01/17/2025)

Unopposed MOTION to Substitute Attorney, added attorney Jody Dale Lowenstein,Jody Dale Lowenstein for United States Department of Health and Human Services,Jody Dale Lowenstein for Melanie Fontes Rainer,Jody Dale Lowenstein for Xavier Becerra. Motion filed by United States Department of Health and Human Services, Melanie Fontes Rainer, Xavier Becerra (Attachments: # 1 Proposed Order)Attorney Jody Dale Lowenstein added to party United States Department of Health and Human Services(pty:dft), Attorney Jody Dale Lowenstein added to party Xavier Becerra(pty:dft), Attorney Jody Dale Lowenstein added to party Melanie Fontes Rainer(pty:dft) (Lowenstein, Jody) (Entered: 01/21/2025)

1 Proposed Order

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ORDER granting 37 Motion to Substitute Attorney. Jody D. Lowenstein is substituted as counsel for the defendants. John T. Lewis is relieved of his obligations and duties to this Court as counsel for the defendants in this case. (Ordered by Judge James Wesley Hendrix on 1/30/2025) (bdg) (Entered: 01/30/2025)

MOTION to Hold All Deadlines in Abeyance filed by United States Department of Health and Human Services, Xavier Becerra, Melanie Fontes Rainer with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Lowenstein, Jody) (Entered: 01/30/2025)

1 Proposed Order

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NOTICE (Response) re: 39 MOTION to Hold All Deadlines in Abeyance filed by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America (Ecklund, Jennifer) Modified text on 1/31/2025 (bdg). (Entered: 01/31/2025)

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by City of Columbus, Ohio, City of Madison, Wisconsin, Doctors for America. (Clerk QC note: No affiliate entered in ECF). (Ecklund, Jennifer) (Entered: 01/31/2025)

ORDER HOLDING BRIEFING DEADLINES IN ABEYANCE: Before the Court is the parties' consent motion to hold all pending deadlines in abeyance. Dkt. No. 39 . The Court grants the motion. The Court stays the current briefing schedule until further notice. Additionally, the Court orders the defendants to meet and confer with the plaintiff regarding how best to proceed in this case and to file a joint status report by no later than May 1, 2025. The Court is also in receipt of the proposed intervenor-defendants' notice regarding its position on the motion to hold deadlines in abeyance. Dkt. No. 40 . The Court will order a briefing schedule on the motion to intervene (Dkt. No. 26 ) after the parties file their joint status report. (Ordered by Judge James Wesley Hendrix on 1/31/2025) (krr) (Entered: 01/31/2025)

ORDER granting 28 Motion to Waive the Local Counsel Requirements; granting 29 Application for Admission Pro Hac Vice of Anna A Moody; granting 30 Application for Admission Pro Hac Vice of Adam Aukland-Peck; granting 31 Application for Admission Pro Hac Vice of Aisha Rich; granting 32 Application for Admission Pro Hac Vice of Gabriel Kohan; granting 33 Application for Admission Pro Hac Vice of Shannon Rose Selden; granting 34 Application for Admission Pro Hac Vice of Carrie Y Flaxman; granting 35 Application for Admission Pro Hac Vice of Emma R Leibowitz; granting 36 Application for Admission Pro Hac Vice of Madeline H Gitomer. 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 2/4/2025) (bdg) (Entered: 02/04/2025)