Case: Catholic Charities Diocese of Forth Worth, Inc. v. DHHS

Matthew J. Vaeth

President Donald Trump

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11513172) filed by Catholic Charities, Diocese of Fort Worth, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons HHS, # 4 Summons US Attorney, # 5 Summons HHS Secretary, # 6 Exhibit Exhibit A - Approval Letter, # 7 Exhibit Exhibit B - FY2025 State Plan)(Waters, Edward) (Entered: 03/03/2025)

1 Civil Cover Sheet

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2 Summons Attorney General

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3 Summons HHS

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4 Summons US Attorney

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5 Summons HHS Secretary

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6 Exhibit Exhibit A - Approval Letter

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7 Exhibit Exhibit B - FY2025 State Plan

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Notice of Error- New Case

NOTICE OF RELATED CASE by Catholic Charities, Diocese of Fort Worth, Inc.. Case related to Case No. 1:25-cv-239. (Waters, Edward) (Entered: 03/03/2025)

Case Assigned/Reassigned

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Catholic Charities, Diocese of Fort Worth, Inc. (Waters, Edward) (Main Document 3 replaced on 3/4/2025) (zmtm). (Entered: 03/03/2025)

Notice of Error

NOTICE OF NEW CASE ERROR The following error(s) need correction: No signature. Please file the signed document using the event Errata. All filings must have an original signature or /s/ Attorney Name to represent an electronic signature of the filer. Attorney is not an Active bar member. Please refer to the court website for Bar Status Lookup, Attorney Admissions, and Renewal Information at www.dcd.uscourts.gov/attorneys. (zmtm)

Order Setting Hearing on Motion

ERRATA Corrected Civil Cover Sheet by CATHOLIC CHARITIES, DIOCESE OF FORT WORTH, INC. re 1 Complaint,. (Waters, Edward) (Entered: 03/03/2025)

NOTICE of Appearance by Edward T. Waters on behalf of CATHOLIC CHARITIES, DIOCESE OF FORT WORTH, INC. (Waters, Edward) (Entered: 03/03/2025)

ENTERED IN ERROR.....NOTICE of Appearance by Edward T. Waters on behalf of CATHOLIC CHARITIES, DIOCESE OF FORT WORTH, INC. (Waters, Edward) Modified on 3/3/2025 (znmw). (Entered: 03/03/2025)

Case Assigned to Judge Loren L. AliKhan. (zmtm)

SUMMONS (4) Issued Electronically as to ROBERT F. KENNEDY, JR., U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS), U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 03/03/2025)

NOTICE OF ERROR regarding 6 Notice of Appearance. The following error(s) need correction: Invalid attorney signature- PACER login must match signature on document. Please refile. (znmw)

NOTICE of Appearance by Mindy Beth Pava on behalf of CATHOLIC CHARITIES, DIOCESE OF FORT WORTH, INC. (Pava, Mindy) (Entered: 03/03/2025)

MOTION for Temporary Restraining Order by CATHOLIC CHARITIES, DIOCESE OF FORT WORTH, INC.. (Attachments: # 1 Memorandum in Support, # 2 Declaration Demers Declaration (Exh. A), # 3 Text of Proposed Order)(Waters, Edward) (Entered: 03/03/2025)

1 Memorandum in Support

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2 Declaration Demers Declaration (Exh. A)

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3 Text of Proposed Order

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MINUTE ORDER: In light of Plaintiff's Motion for a Temporary Restraining Order 9, it is hereby ORDERED that the parties shall appear for a remote scheduling conference on March 4, 2025 at 2:30 p.m. via Zoom. It is further ORDERED that Plaintiff shall serve Defendants with a copy of this Order immediately upon receipt to ensure that counsel for Defendants will appear at the remote scheduling conference. The court will provide access for the public to telephonically attend the hearing. The hearing can be accessed by dialing the Toll Free Number: 833-990-9400 (Meeting ID: 715234770). It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting any court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the presiding Judge. Signed by Judge Loren L. AliKhan on 03/03/2025. (lclla2)

NOTICE of Appearance by Joseph F. Carilli, Jr on behalf of All Defendants (Carilli, Joseph) (Entered: 03/03/2025)

Scheduling Order

MINUTE ORDER: In light of the March 4, 2025 remote scheduling conference, it is hereby ORDERED that, on or before March 5, 2025 at 12:00 p.m., Defendants shall provide the court with a copy of the U.S. Department of Health and Human Services secretarial directive pursuant to which Plaintiff's funds were frozen (filed publicly, under seal, or pursuant to a protective order) or establish good cause for its failure to do so. It is further ORDERED that the following schedule shall govern briefing on Plaintiff's motion for a temporary restraining order: (1) Defendants shall file their opposition on or before March 7, 2025 at 5:00 p.m.; and (2) Plaintiff shall file its reply, if any, on or before March 10, 2025 at 5:00 p.m. It is further ORDERED that the parties shall appear for a hearing on the motion for a temporary restraining order on March 12, 2025 at 10:30 a.m. in Courtroom 21. Signed by Judge Loren L. AliKhan on 03/04/2025. (lclla2)

Motion Hearing

Minute Entry for SCHEDULING CONFERENCE held via video teleconference on 3/4/2025 before Judge Loren L. AliKhan: Mindy B. Pava, Edward T. Waters, and Stephen Kuperberg present on behalf of plaintiff; Joseph F. Carilli, Jr. present on behalf of defendants. Scheduling conference held, Defendants' response due Friday, March 7, 2025 by 5PM and Plaintiff's reply due Monday, March 10, 2025 by 5PM. For the reasons stated from the bench, defendants shall file a copy of the secretarial directive memo by noon on Wednesday, March 5, 2025. Hearing on Motion 9 for Temporary Restraining Order (TRO") scheduled for Wednesday, March 12, 2025 at 10:30AM (in person). The Court noted that a representative from the agency should be present at the TRO Hearing to answer questions if needed. See Minute Order dated 3/4/2025. (Court Reporter Jeffrey Hook)(mhp)

NOTICE of the Secretary's Directive by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS), ROBERT F. KENNEDY, JR. (Carilli, Joseph) (Entered: 03/05/2025)

Order on Motion for Leave to File

Consent MOTION for Leave to File Amicus Curiae Brief by CONSTITUTIONAL ACCOUNTABILITY CENTER. (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order)(Gorod, Brianne) (Entered: 03/05/2025)

NOTICE of Appearance by Miriam Becker-Cohen on behalf of CONSTITUTIONAL ACCOUNTABILITY CENTER (Becker-Cohen, Miriam) (Entered: 03/05/2025)

MINUTE ORDER: Upon consideration of the Constitutional Accountability Center's Consent Motion for Leave to File an Amicus Brief 12, it is hereby ORDERED that the motion is GRANTED. The Clerk of Court shall docket [12-1] as the Constitutional Accountability Center's amicus brief. Signed by Judge Loren L. AliKhan on 03/05/2025. (lclla2)

AMICUS BRIEF by CONSTITUTIONAL ACCOUNTABILITY CENTER. (mg) (Entered: 03/07/2025)

NOTICE of Supplemental Declaration re 11 Notice by CATHOLIC CHARITIES, DIOCESE OF FORT WORTH, INC. (Attachments: # 1 Declaration Supplemental Declaration of Jeffrey Demers, # 2 Exhibit 1 - Gradison Declaration from Case No 25-cv-0465, # 3 Exhibit 2 - PMS Pull Down Requests Detail)(Waters, Edward) Modified event title on 3/7/2025 (znmw). (Entered: 03/06/2025)

1 Declaration Supplemental Declaration of Jeffrey Demers

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2 Exhibit 1 - Gradison Declaration from Case No 25-cv-0465

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3 Exhibit 2 - PMS Pull Down Requests Detail

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Memorandum in opposition to re 9 Motion for TRO filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS), ROBERT F. KENNEDY, JR.. (Attachments: # 1 Exhibit A)(Carilli, Joseph) (Entered: 03/07/2025)

1 Exhibit A

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REPLY to opposition to motion re 9 Motion for TRO filed by CATHOLIC CHARITIES, DIOCESE OF FORT WORTH, INC.. (Attachments: # 1 Exhibit 1 - Florida Grand Jury Presentment)(Waters, Edward) (Entered: 03/10/2025)

1

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.Order

MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a hearing on Plaintiffs' forthcoming motion for a temporary restraining order on March 12, 2025 at 10:30 a.m. in Courtroom 21.The court will provide access for the public to telephonically attend the hearing. The hearing can be accessed by dialing the Toll Free Number: 833-990-9400 (Meeting ID: 715234770). It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting any court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the presiding Judge. Signed by Judge Loren L. AliKhan on 03/11/2025. (lclla2)

Order

NOTICE of Third Supplemental Declaration re 11 Notice by CATHOLIC CHARITIES, DIOCESE OF FORT WORTH, INC. (Attachments: # 1 Declaration Third Supplemental Declaration of Jeffrey Demers, # 2 Exhibit A - Email Correspondence from ORR)(Waters, Edward) Modified to add link on 3/12/2025 (znmw). (Entered: 03/11/2025)

1 - Terminate Motion and R&R Deadlines/Hearings AND 1 - Terminate Scheduling Order Deadlines AND Motion Hearing

Order on Motion for Extension of Time to

Minute Entry for MOTION HEARING held on 3/12/2025 before Judge Loren L. AliKhan: The matter comes before the court on Plaintiff's Motion 9 for Temporary Restraining Order. Edward T. Waters, Mindy B. Pava, Stephen Kuperberg, and Jeffrey Demers (representative) present on behalf of Plaintiff. Joseph F. Carilli, Jr. present on behalf of Defendants. The matter was fully briefed, argued, and taken under advisement. Defendants were ordered to submit a declaration detailing the number of states or state representatives that have been cleared as well as the number currently in the queue, and to provide any available information specifically regarding the processing of Catholic Charities' program by 5:00pm on March 12, 2025. (Court Reporter Jeffrey Hook)(mhp)

Unopposed MOTION for Extension of Time to Respond to the Court's Order by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS), ROBERT F. KENNEDY, JR.. (Carilli, Joseph) (Entered: 03/12/2025)

MINUTE ORDER: Upon consideration of Defendants' Unopposed Motion for an Extension of Time to Respond to Court's Order 19, it is hereby ORDERED that the motion is GRANTED and Defendants shall file their declaration on or before 6:30 p.m. on March 12, 2025. Signed by Judge Loren L. AliKhan on 03/12/2025. (lclla2)

RESPONSE TO ORDER OF THE COURT re Order on Motion for Extension of Time to, filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS), ROBERT F. KENNEDY, JR.. (Carilli, Joseph) (Entered: 03/12/2025)

MINUTE ORDER: Upon consideration of Defendants' response to the court's order 20, it is hereby ORDERED that Defendants shall provide another update on the status of their program integrity review for Catholic Charities Fort Worth on or before March 13, 2025 at 6:30 p.m. Signed by Judge Loren L. AliKhan on 03/13/2025. (lclla2)

.Order

Order Setting Hearing on Motion

RESPONSE TO ORDER OF THE COURT re Order, filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS), ROBERT F. KENNEDY, JR.. (Carilli, Joseph) (Entered: 03/13/2025)

MINUTE ORDER: Upon consideration of Defendants' response to the court's order 21, it is hereby ORDERED that the parties are directed to appear for a Status Conference on March 14, 2025 at 3:00 p.m. in Courtroom 21. Signed by Judge Loren L. AliKhan on 03/13/2025. (lclla2)

.Order AND Terminate Hearings AND ~Util - Set/Reset Hearings

MINUTE ORDER: The court will provide access for the public to telephonically attend today's hearing. The hearing can be accessed by dialing the Toll-Free Number: 833-990-9400 (Meeting ID: 715234770). It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting any court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the presiding Judge. Signed by Judge Loren L. AliKhan on 3/14/2025. (mhp)

1 - Terminate Motion and R&R Deadlines/Hearings AND Status Conference AND ~Util - Set/Reset Deadlines

Status Conference

Order

Minute Entry for STATUS CONFERENCE held on 3/14/2025 before Judge Loren L. AliKhan: Edward T. Waters, Mindy B. Pava, and Stephen Kuperberg present on behalf of Plaintiff. Joseph F. Carilli, Jr. and Anant Kumar (Agency Counsel) present on behalf of Defendants. Counsel for Defendants represented that the integrity review as to Plaintiff has been completed. The parties were directed to file a joint status report updating the court on the status of Plaintiff's draw-down requests by 6:30pm on Monday, March 17, 2025 and a joint status report proposing next steps by Wednesday, March 19, 2025. (Court Reporter Jeffrey Hook)(mhp)

Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS), ROBERT F. KENNEDY, JR.. (Carilli, Joseph) (Entered: 03/17/2025)

Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS), ROBERT F. KENNEDY, JR.. (Carilli, Joseph) (Entered: 03/19/2025)

Status Report Order

MINUTE ORDER: Upon consideration of the parties' Joint Status Report 23, it is hereby ORDERED that the parties shall file another joint status report on or before March 26, 2025, advising the court of the status of the case, including a recommendation for further proceedings. Signed by Judge Loren L. AliKhan on 03/19/2025. (lclla2)

Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS), ROBERT F. KENNEDY, JR.. (Carilli, Joseph) (Entered: 03/25/2025)

Status Report Order

MINUTE ORDER: Upon consideration of the parties' joint status report 24, it is hereby ORDERED that the parties shall file another joint status report on or before April 3, 2025, unless the matter is dismissed before then. Signed by Judge Loren L. AliKhan on 03/25/2025. (lclla2)

Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS), ROBERT F. KENNEDY, JR. (Carilli, Joseph) (Entered: 04/02/2025)

Status Report Order

MINUTE ORDER: Upon consideration of the parties' joint status report 25, it is hereby ORDERED that the parties shall file another joint status report on or before April 11, 2025, unless the matter is dismissed before then. Signed by Judge Loren L. AliKhan on 04/03/2025. (lclla2)

Joint STATUS REPORT by ROBERT F. KENNEDY, JR, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS). (Carilli, Joseph) (Entered: 04/11/2025)

Status Report Order

MINUTE ORDER: Upon consideration of the parties' joint status report 26, it is hereby ORDERED that the parties shall file another joint status report on or before April 30, 2025, unless the matter is dismissed before then. Signed by Judge Loren L. AliKhan on 04/11/2025. (lclla2)