Case: American Health Care Association v. Kennedy

American Health Care Association v. Becerra

American Health Care Association v. Becerra

U.S. Department of Health and Human Services

COMPLAINT against XAVIER BECERRA, in his official capacity as Secretary of the United States Department of Health and Human Services;, CHIQUITA BROOKS-LASURE, in her official capacity as Administrator of the Centers for Medicare & Medicaid Services;, CENTERS FOR MEDICARE & MEDICAID SERVICES,, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; filed by ARBROOK PLAZA;, HARBOR LAKES NURSING & REHABILITATION CENTER,, AMERICAN HEALTH CARE ASSOCIATION;, BOOKER HOSPITAL DISTRICT;, TEXAS HEALTH CARE ASSOCIATION;. (Filing fee $405; Receipt number ATXNDC-14643883) Clerk to issue summons(es). 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) (Riney, Thomas) (Attachment 1 replaced with flattened document on 5/24/2024) (awc). (Entered: 05/23/2024)

1 Cover Sheet

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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by AMERICAN HEALTH CARE ASSOCIATION;, ARBROOK PLAZA;, BOOKER HOSPITAL DISTRICT;, HARBOR LAKES NURSING & REHABILITATION CENTER,, TEXAS HEALTH CARE ASSOCIATION;. (Clerk QC note: No affiliate entered in ECF). (Riney, Thomas) (Main Document 2 replaced with flattened document on 5/24/2024) (awc). (Entered: 05/23/2024)

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 (No magistrate judge assigned). Clerk to provide copy to plaintiff if not received electronically. (awc) (Entered: 05/24/2024)

Summons issued as to Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, United States Department of Health and Human Services, U.S. Attorney, and U.S. Attorney General. (awc) (Entered: 05/24/2024)

STANDING ORDER OF REFERENCE to Magistrate Judge Lee Ann Reno (Ordered by Judge Matthew J. Kacsmaryk on 5/24/2024) (nht) (Entered: 05/24/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14649222) filed by American Health Care Association, Arbrook Plaza, Booker Hospital District, Harbor Lakes Nursing and Rehabilitation Center, Texas Health Care Association (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order) (Clement, Paul) (Entered: 05/28/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14649256) filed by American Health Care Association, Arbrook Plaza, Booker Hospital District, Harbor Lakes Nursing and Rehabilitation Center, Texas Health Care Association (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)Attorney Erin E Murphy added to party American Health Care Association(pty:pla), Attorney Erin E Murphy added to party Arbrook Plaza(pty:pla), Attorney Erin E Murphy added to party Booker Hospital District(pty:pla), Attorney Erin E Murphy added to party Harbor Lakes Nursing and Rehabilitation Center(pty:pla), Attorney Erin E Murphy added to party Texas Health Care Association(pty:pla) (Murphy, Erin) (Entered: 05/28/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14649283) filed by American Health Care Association, Arbrook Plaza, Booker Hospital District, Harbor Lakes Nursing and Rehabilitation Center, Texas Health Care Association (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)Attorney C Harker Rhodes, IV added to party American Health Care Association(pty:pla), Attorney C Harker Rhodes, IV added to party Arbrook Plaza(pty:pla), Attorney C Harker Rhodes, IV added to party Booker Hospital District(pty:pla), Attorney C Harker Rhodes, IV added to party Harbor Lakes Nursing and Rehabilitation Center(pty:pla), Attorney C Harker Rhodes, IV added to party Texas Health Care Association(pty:pla) (Rhodes, C Harker) (Entered: 05/28/2024)

Certificate Regarding Judge-Specific Requirements. (Riney, Thomas) (Entered: 05/28/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14652453) filed by American Health Care Association, Arbrook Plaza, Booker Hospital District, Harbor Lakes Nursing and Rehabilitation Center, Texas Health Care Association (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)Attorney Joseph DeMott added to party American Health Care Association(pty:pla), Attorney Joseph DeMott added to party Arbrook Plaza(pty:pla), Attorney Joseph DeMott added to party Booker Hospital District(pty:pla), Attorney Joseph DeMott added to party Harbor Lakes Nursing and Rehabilitation Center(pty:pla), Attorney Joseph DeMott added to party Texas Health Care Association(pty:pla) (DeMott, Joseph) (Entered: 05/29/2024)

ORDER granting re: 6, 7, 8 Application for Admission Pro Hac Vice of Paul D. Clement, Erin E. Murphy, and C. Harker Rhodes, IV. 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 Matthew J. Kacsmaryk on 5/30/2024) (nht) (Entered: 05/30/2024)

ORDER granting 10 Application for Admission Pro Hac Vice of Joseph J. DeMott. 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 Matthew J. Kacsmaryk on 5/31/2024) (cmk) (Entered: 05/31/2024)

Certificate Regarding Judge-Specific Requirements. (Clement, Paul) (Entered: 06/04/2024)

SUMMONS Returned Executed as to Centers for Medicare & Medicaid Services; served on 6/4/2024. (Riney, Thomas) Modified text on 6/10/2024 (nht). (Entered: 06/06/2024)

SUMMONS Returned Executed as to Centers for Medicare & Medicaid Services; served on 6/3/2024. (Riney, Thomas) Modified text on 6/10/2024 (nht). (Entered: 06/06/2024)

SUMMONS Returned Executed as to Chiquita Brooks-Lasure; served on 6/3/2024 (Riney, Thomas) Modified text on 6/10/2024 (nht). (Entered: 06/06/2024)

SUMMONS Returned Executed as to United States Department of Health and Human Services; served on 6/3/2024. (Riney, Thomas) Modified text on 6/10/2024 (nht). (Entered: 06/06/2024)

SUMMONS Returned Executed as to Xavier Becerra; served on 6/3/2024. (Riney, Thomas) Modified text on 6/10/2024 (nht). (Entered: 06/06/2024)

SUMMONS Returned Executed as to Xavier Becerra ; served on 6/5/2024. (Riney, Thomas) Modified text on 6/13/2024 (cmk). (Entered: 06/12/2024)

SUMMONS Returned Executed as to Xavier Becerra, served on 6/6/2024. (Riney, Thomas) Modified text on 6/13/2024 (nht). (Entered: 06/12/2024)

SUMMONS Returned Executed as to United States Department of Health and Human Services ; served on 6/5/2024. (Riney, Thomas) (Entered: 06/12/2024)

SUMMONS Returned Executed as to United States Department of Health and Human Services ; served on 6/6/2024. (Riney, Thomas) (Entered: 06/12/2024)

SUMMONS Returned Executed as to Chiquita Brooks-LaSure ; served on 6/6/2024. (Riney, Thomas) (Entered: 06/12/2024)

SUMMONS Returned Executed as to Chiquita Brooks-LaSure ; served on 6/6/2024. (Riney, Thomas) Modified text on 6/13/2024 (cmk). (Entered: 06/12/2024)

SUMMONS Returned Executed as to Centers for Medicare and Medicaid Services ; served on 6/6/2024. (Riney, Thomas) (Entered: 06/12/2024)

AMENDED COMPLAINT against All Defendants filed by Arbrook Plaza, Harbor Lakes Nursing and Rehabilitation Center, American Health Care Association, Booker Hospital District, Texas Health Care Association, LeadingAge. 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. (Riney, Thomas) (Entered: 06/18/2024)

Request for Clerk to issue Summons filed by American Health Care Association, Arbrook Plaza, Booker Hospital District, Harbor Lakes Nursing and Rehabilitation Center, LeadingAge, Texas Health Care Association. (Riney, Thomas) (Entered: 06/18/2024)

Summons reissued as to Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, United States Department of Health and Human Services, U.S. Attorney, and U.S. Attorney General. (Reissued per Amended Complaint, ECF 26.) (awc) (Entered: 06/20/2024)

SUMMONS Returned Executed as to Xavier Becerra ; served on 6/24/2024. (Riney, Thomas) (Entered: 07/05/2024)

SUMMONS Returned Executed as to Xavier Becerra ; served on 6/28/2024. (Riney, Thomas) (Entered: 07/05/2024)

SUMMONS Returned Executed as to Xavier Becerra; served on 6/28/2024. (Riney, Thomas) Modified on 7/8/2024 (nht). (Entered: 07/05/2024)

SUMMONS Returned Executed as to United States Department of Health and Human Services ; served on 6/24/2024. (Riney, Thomas) (Entered: 07/05/2024)

SUMMONS Returned Executed as to United States Department of Health and Human Services ; served on 6/28/2024. (Riney, Thomas) (Entered: 07/05/2024)

SUMMONS Returned Executed as to United States Department of Health and Human Services ; served on 6/28/2024. (Riney, Thomas) Modified on 7/8/2024 (nht). (Entered: 07/05/2024)

SUMMONS Returned Executed as to Chiquita Brooks-LaSure ; served on 6/24/2024. (Riney, Thomas) (Entered: 07/05/2024)

SUMMONS Returned Executed as to Chiquita Brooks-LaSure ; served on 7/1/2024. (Riney, Thomas) (Entered: 07/05/2024)

SUMMONS Returned Executed as to Chiquita Brooks-LaSure ; served on 6/28/2024. (Riney, Thomas) (Entered: 07/05/2024)

SUMMONS Returned Executed as to Centers for Medicare and Medicaid Services ; served on 6/24/2024. (Riney, Thomas) (Entered: 07/05/2024)

SUMMONS Returned Executed as to Centers for Medicare and Medicaid Services ; served on 7/1/2024. (Riney, Thomas) Modified on 7/8/2024 (nht). (Entered: 07/05/2024)

SUMMONS Returned Executed as to Centers for Medicare and Medicaid Services ; served on 6/26/2024. (Riney, Thomas) (Entered: 07/05/2024)

NOTICE of Attorney Appearance by Andrew James Rising on behalf of Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, United States Department of Health and Human Services. (Filer confirms contact info in ECF is current.) (Rising, Andrew) (Entered: 07/30/2024)

Certificate Regarding Judge-Specific Requirements. (Rising, Andrew) (Entered: 07/30/2024)

Consent MOTION to Extend Time to Respond to Amended Complaint Until August 9, 2024 filed by Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, United States Department of Health and Human Services (Attachments: # 1 Proposed Order, # 2 Certificate of Conference) (Rising, Andrew) (Entered: 07/30/2024)

ORDER GRANTING DEFENDANTS' CONSENT MOTION FOR EXTENSION OF DEFENDANTS' DEADLINE FOR RESPONDING TO AMENDED COMPLAINT re: 43 Motion to Extend Time. Defendants are directed to answer, or otherwise respond, to Plaintiffs' Amended Complaint on or before August 9, 2024. (Ordered by Magistrate Judge Lee Ann Reno on 7/31/2024) (nht) (Entered: 07/31/2024)

MOTION Joint Motion for Briefing Schedule filed by Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, United States Department of Health and Human Services (Attachments: # 1 Proposed Order) (Rising, Andrew). Modified to add additional motions on 8/13/2024 (nht). (Entered: 08/09/2024)

1 Proposed Order

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ORDER GRANTING JOINT MOTION FOR BRIEFING SCHEDULE re: 45 Motion. (Ordered by Magistrate Judge Lee Ann Reno on 8/13/2024) (nht) (Entered: 08/13/2024)

SCHEDULING ORDER: The administrative record must be filed on or before September 13, 2024. Plaintiffs shall file their motion for summary judgment, not to exceed 50 pages, on or before October 18, 2024. (See Order for further specifics) (Ordered by Magistrate Judge Lee Ann Reno on 8/13/2024) (nht) (Entered: 08/13/2024)

Unopposed MOTION to Consolidate Cases 2:24-cv-114 and 2:24-cv-171 filed by State of Texas (Attachments: # 1 Proposed Order). Party State of Texas added.Attorney Johnathan Stone added to party State of Texas(pty:conpla) (Stone, Johnathan) (Entered: 09/10/2024)

1 Proposed Order

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Notice of Manual Filing by All Defendants Notice of Conventional Filing of Administrative Record (Attachments: # 1 Certification and Index of Administrative Record) (Rising, Andrew) (Entered: 09/13/2024)

Administrative Record consisting of thumb drive -- received and stored in clerk's office vault. (awc) (Entered: 09/17/2024)

Administrative Record consisting of thumb drive -- received in District Court Chambers (vls) (Entered: 09/17/2024)

ORDER CONSOLIDATING CASES: Member case(s) 2:24-cv-171 consolidated with lead case 2:24-cv-114. Attorney Jacob Edward Przada, Kyle Tebo for State of Texas added to case pursuant to consolidation. (Ordered by Judge Matthew J. Kacsmaryk on 9/18/2024) (nht) (Entered: 09/18/2024)

Certificate Regarding Judge-Specific Requirements. (Tebo, Kyle) (Entered: 10/02/2024)

Certificate Regarding Judge-Specific Requirements. (Przada, Jacob) (Entered: 10/02/2024)

Unopposed MOTION to Withdraw as Attorney Johnathan Stone filed by State of Texas (Attachments: # 1 Proposed Order) (Stone, Johnathan) (Entered: 10/10/2024)

ORDER GRANTING PLAINTIFF STATE OF TEXAS'S UNOPPOSED MOTION TO WITHDRAW JOHNATHAN STONE AS COUNSEL re: 55 Motion to Withdraw as Attorney. Attorney Johnathan Stone terminated (Ordered by Magistrate Judge Lee Ann Reno on 10/15/2024) (nht) (Entered: 10/15/2024)

MOTION for Summary Judgment filed by American Health Care Association, Arbrook Plaza, Booker Hospital District, Harbor Lakes Nursing and Rehabilitation Center, LeadingAge, State of Texas, Texas Health Care Association with Brief/Memorandum in Support. (Attachments: # 1 Memorandum ISO Motion for Summary Judgment, # 2 Proposed Order) (Murphy, Erin) (Entered: 10/18/2024)

1 Memorandum ISO Motion for Summary Judgment

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2 Proposed Order

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Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15003197) filed by American Hospital Association, Texas Hospital Association (Attachments: # 1 Proposed Order)Attorney Morgan L. Ratner added to party American Hospital Association(pty:am), Attorney Morgan L. Ratner added to party Texas Hospital Association(pty:am) (Ratner, Morgan) (Main Document 58 replaced with flattened document on 10/22/2024) (awc). (Attachment 1 replaced with flattened document on 10/22/2024) (awc). (Entered: 10/21/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15003267) filed by American Hospital Association, Texas Hospital Association (Attachments: # 1 Proposed Order) Attorney Robert Flatow added to party American Hospital Association, Texas Hospital Association. (Flatow, Robert) (Main Document 59 replaced with flattened image on 10/22/2024) (nht). (Attachment 1 replaced with flattened image on 10/22/2024) (nht). Modified text on 10/22/2024 (nht). (Entered: 10/21/2024)

MOTION Leave to Proceed Without Local Counsel re 59 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15003267), 58 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15003197) filed by American Hospital Association, Texas Hospital Association (Attachments: # 1 Proposed Order) (Ratner, Morgan) (Entered: 10/21/2024)

Certificate Regarding Judge-Specific Requirements. (Ratner, Morgan) (Entered: 10/21/2024)

ORDER granting 60 Motion Leave to Proceed Without Local Counsel. (Ordered by Judge Matthew J. Kacsmaryk on 10/23/2024) (awc) (Entered: 10/23/2024)

ORDER granting 59 Application for Admission Pro Hac Vice of Robert A. Flatow. 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 Matthew J. Kacsmaryk on 10/23/2024) (awc) (Entered: 10/23/2024)

ORDER granting 58 Application for Admission Pro Hac Vice of Morgan L. Ratner. 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 Matthew J. Kacsmaryk on 10/23/2024) (awc) (Entered: 10/23/2024)

Unopposed MOTION for Leave to File Brief as Amici Curiae in Support of Plaintiffs filed by American Hospital Association, Texas Hospital Association (Attachments: # 1 Proposed Brief, # 2 Proposed Order) (Ratner, Morgan) (Entered: 10/24/2024)

1 Proposed Brief

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2 Proposed Order

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ORDER granting 65 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Matthew J. Kacsmaryk on 10/29/2024) (nht) (Entered: 10/29/2024)

Amicus Curiae Brief in Support filed by American Hospital Association, Texas Hospital Association re: 57 Motion for Summary Judgment. (nht) Modified linkage on 10/30/2024 (awc). (Entered: 10/29/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15060428) filed by AARP, AARP, AARP FOUNDATION (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order). Party AARP, AARP FOUNDATION added.Attorney Maame Gyamfi added to party AARP(pty:am), Attorney Maame Gyamfi added to party AARP FOUNDATION(pty:am) (Gyamfi, Maame) (Entered: 11/13/2024)

Certificate Regarding Judge-Specific Requirements. (Gyamfi, Maame) (Entered: 11/13/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15061655) filed by Service Employees International Union (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order Proposed Order). Party Service Employees International Union added.Attorney Monica Jin Joo Wilk added to party Service Employees International Union(pty:am) (Wilk, Monica) (Entered: 11/14/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15061654) filed by Service Employees International Union (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order Proposed Order)Attorney Steven Ury added to party Service Employees International Union(pty:am) (Ury, Steven) (Entered: 11/14/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15061656) filed by Service Employees International Union (Attachments: # 1 certificate of good standing, # 2 Proposed Order proposed order). Party Service Employees International Union added.Attorney Mac McMechan added to party Service Employees International Union(pty:am) (McMechan, Mac) (Entered: 11/14/2024)

MOTION for Leave to File To Proceed Without Local Counsel filed by Service Employees International Union (Attachments: # 1 Proposed Order Proposed Order) (Ury, Steven) (Entered: 11/14/2024)

Certificate Regarding Judge-Specific Requirements. (Ury, Steven) (Entered: 11/14/2024)

ORDER granting 73 Motion for Leave to File. (Ordered by Judge Matthew J. Kacsmaryk on 11/15/2024) (nht) (Entered: 11/15/2024)

ORDER granting 70 Application for Admission Pro Hac Vice of Monica Jin-Joo Wilk. 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 Matthew J. Kacsmaryk on 11/15/2024) (nht) (Entered: 11/15/2024)

ORDER granting 71 Application for Admission Pro Hac Vice of Steven K Ury. 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 Matthew J. Kacsmaryk on 11/15/2024) (nht) (Entered: 11/15/2024)

ORDER granting 72 Application for Admission Pro Hac Vice of Mac D McMechan. 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 Matthew J. Kacsmaryk on 11/15/2024) (nht) (Entered: 11/15/2024)

ORDER: The 68 Application is DEFERRED for fourteen days to provide Applicant time to identify local counsel within 50 miles of this courthouse. (Ordered by Judge Matthew J. Kacsmaryk on 11/15/2024) (nht) (Entered: 11/15/2024)

Cross MOTION for Summary Judgment and Response in Opposition to Plaintiffs' Motion for Summary Judgment filed by Xavier Becerra, United States Department of Health and Human Services, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services with Brief/Memorandum in Support. (Attachments: # 1 Memorandum ISO Cross-Motion for Summary Judgment,, # 2 Proposed Order) (Rising, Andrew) (Entered: 11/15/2024)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15075542) filed by AARP, AARP FOUNDATION (Attachments: # 1 Certificate of good standing, # 2 Proposed Order)Attorney Kelly Riseden Bagby added to party AARP(pty:am), Attorney Kelly Riseden Bagby added to party AARP FOUNDATION(pty:am) (Bagby, Kelly) (Entered: 11/20/2024)

AMENDED DOCUMENT by AARP, AARP FOUNDATION. Amendment to 68 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15060428). . (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Gyamfi, Maame) (Entered: 11/20/2024)

MOTION for Leave to File To Proceed Without Local Counsel filed by AARP, AARP FOUNDATION (Attachments: # 1 Proposed Order) (Gyamfi, Maame) (Entered: 11/20/2024)

Certificate Regarding Judge-Specific Requirements. (Gyamfi, Maame) (Entered: 11/20/2024)

Unopposed MOTION for Leave to File Brief as Amicus Curiae in Support of Defendants filed by Service Employees International Union with Brief/Memorandum in Support. (Attachments: # 1 Proposed Brief, # 2 Proposed Order) (Ury, Steven) (Entered: 11/22/2024)

AMENDED DOCUMENT by AARP, AARP FOUNDATION. Amendment to 82 Amended Document,. . (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Gyamfi, Maame) (Entered: 11/24/2024)

ORDER granting 85 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) The Motion is GRANTED. The Clerk is DIRECTED to file the proposed amicus curiae brief, currently docketed at ECF No. 85-1, as a separately filed amicus brief. (Ordered by Judge Matthew J. Kacsmaryk on 11/25/2024) (cmk) (Entered: 11/25/2024)

BRIEF OF SERVICE EMPLOYEES INTERNATIONAL UNION AS AMICUS CURIAE IN SUPPORT OF DEFENDANTS filed by Service Employees International Union. (cmk) (Entered: 11/25/2024)

ORDER granting 83 Motion for Leave to Proceed Without Local Counsel. (Ordered by Judge Matthew J. Kacsmaryk on 11/25/2024) (cmk) (Entered: 11/25/2024)

ORDER granting 68 Application for Admission Pro Hac Vice of Maame Gyamfi. 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 Matthew J. Kacsmaryk on 11/25/2024) (cmk) (Entered: 11/25/2024)

ORDER granting 81 Application for Admission Pro Hac Vice of Kelly Bagby. 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 Matthew J. Kacsmaryk on 11/25/2024) (cmk) (Entered: 11/25/2024)

Unopposed MOTION for Leave to File brief as amici curiaein Support of Defendants filed by AARP, AARP Foudation with Brief/Memorandum in Support. (Attachments: # 1 Proposed Amici Brief, # 2 Proposed Order) (Gyamfi, Maame) (Entered: 11/25/2024)

1 Proposed Amici Brief

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2 Proposed Order

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ORDER granting 92 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Matthew J. Kacsmaryk on 11/26/2024) (nht) (Entered: 11/26/2024)

AMICI CURIAE BRIEF in Support filed by AARP, AARP Foudation, Center for Medicare Advocacy, Justice in Aging, California Advocates for Nursing Home Reform, Long Term Care Community Coalition, National Consumer Voice for Quality Long-Term Care re 80 Cross MOTION for Summary Judgment and Response in Opposition to Plaintiffs' Motion for Summary Judgment (nht) (Entered: 11/26/2024)

NOTICE of Attorney Appearance by Zachary Louis Rhines on behalf of State of Texas. (Filer confirms contact info in ECF is current.) (Rhines, Zachary) (Entered: 12/11/2024)

RESPONSE filed by LeadingAge, Booker Hospital District, State of Texas, Harbor Lakes Nursing and Rehabilitation Center, American Health Care Association, Texas Health Care Association, Arbrook Plaza re: 80 Cross MOTION for Summary Judgment and Response in Opposition to Plaintiffs' Motion for Summary Judgment (Attachments: # 1 Memorandum) (Murphy, Erin) (Entered: 12/13/2024)

NOTICE of Attorney Appearance by Allison Walter on behalf of Xavier Becerra, United States Department of Health and Human Services, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services. (Filer confirms contact info in ECF is current.) (Walter, Allison) (Entered: 01/10/2025)

Certificate Regarding Judge-Specific Requirements. (Walter, Allison) (Entered: 01/10/2025)

REPLY filed by Xavier Becerra, United States Department of Health and Human Services, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services re: 80 Cross MOTION for Summary Judgment and Response in Opposition to Plaintiffs' Motion for Summary Judgment (Walter, Allison) (Entered: 01/17/2025)

ORDER: Federal Rule of Civil Procedure 25(d) states that an action does not cease when a public official who is a party to the action leaves office for any reason. Instead, the officer's successor is automatically substituted as a party. (Ordered by Judge Matthew J. Kacsmaryk on 4/7/2025) (nht) (Entered: 04/07/2025)