Case: Harris County, Texas v. U.S. Department of Health and Human Services

Matthew J. Vaeth

COMPLAINT against ROBERT F. KENNEDY, JR, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS) ( Filing fee $ 405 receipt number ADCDC-11599474) filed by HARRIS COUNTY, TEXAS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Oishi, Nina) (Entered: 04/08/2025)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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NOTICE OF RELATED CASE by HARRIS COUNTY, TEXAS. Case related to Case No. 25-00239. (Oishi, Nina) (Entered: 04/08/2025)

NOTICE of Appearance by Nina Oishi, I on behalf of HARRIS COUNTY, TEXAS (Oishi, Nina) (Entered: 04/08/2025)

NOTICE of Appearance by Jonathan Fombonne on behalf of HARRIS COUNTY, TEXAS (Fombonne, Jonathan) (Entered: 04/08/2025)

NOTICE of Appearance by Tiffany Bingham on behalf of HARRIS COUNTY, TEXAS (Bingham, Tiffany) (Entered: 04/08/2025)

NOTICE of Appearance by Eleanor Matheson on behalf of HARRIS COUNTY, TEXAS (Matheson, Eleanor) (Entered: 04/08/2025)

MOTION for Temporary Restraining Order by HARRIS COUNTY, TEXAS. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Proposed Order)(Oishi, Nina) (Entered: 04/08/2025)

1 Memorandum in Support

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2 Declaration

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3 Proposed Order

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NOTICE of Appearance by Joseph F. Carilli, Jr on behalf of All Defendants (Carilli, Joseph) (Entered: 04/08/2025)

Case Assigned/Reassigned

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Notice of Error- New Case

Order

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

NOTICE OF NEW CASE ERROR regarding 1 Complaint. The following error(s) need correction: Noncompliance with LCvR 5.1(c). Please file a Notice of Errata stating the error and attach the corrected initiating pleading to include the name & full residence address of each party and file using the event Errata. (zjd)

MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a video status conference regarding Plaintiff's motion for a temporary restraining order 7 on April 9, 2025, at 1:00 p.m., via Zoom. Signed by Judge Loren L. AliKhan on 04/08/2025. (lclla1)

ERRATA by HARRIS COUNTY, TEXAS re 1 Complaint,. (Attachments: # 1 Corrected Complaint)(Oishi, Nina) (Entered: 04/09/2025)

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)(mg) (Entered: 04/09/2025)

Set/Reset Hearings: Status Conference set for 4/9/2025 at 01:00 PM (via Zoom) before Judge Loren L. AliKhan. (mhp)

Set/Reset Hearings

Scheduling Order

Status Conference

MINUTE ORDER: In light of the scheduling conference held on April 9, 2025, it is hereby 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 April 10, 2025 at 5:00 p.m.; and (2) Plaintiff shall file its reply, if any, on or before April 11, 2025 at 10:30 a.m. It is further ORDERED that the parties shall appear for a hearing on the motion for a temporary restraining order on April 11, 2025 at 1:30 p.m., via Zoom. Signed by Judge Loren L. AliKhan on 04/09/2025. (lclla1)

Minute Entry for STATUS CONFERENCE held on 4/9/2025 before Judge Loren L. AliKhan: The matter comes before the court for a scheduling conference on Plaintiff's Motion 7 for a Temporary Restraining Order. Nina Oishi, I, Tiffany Bingham, and Jonathan Fombonne present on behalf of Plaintiff. Joseph F. Carilli, Jr., present on behalf of Defendants. As stated in open court, Defendants' opposition is due on 4/10/2025 by 5 p.m. ET and Plaintiff's reply brief is due on 4/11/2025 by 10:30 a.m. ET. A hearing on the Motion 7 for Temporary Restraining Order ("TRO") is scheduled for 4/11/2025 at 1:30 p.m. ET, via Zoom. Both parties shall have a client representative present or on standby at the TRO Hearing to answer any factual questions that arise. (mhp)

Memorandum in opposition to re 7 Motion for TRO filed by ROBERT F. KENNEDY, JR, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS). (Attachments: # 1 Exhibit A)(Carilli, Joseph) (Entered: 04/10/2025)

1 Exhibit A

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MINUTE ORDER: 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 04/10/2025. (lclla1)

REPLY to opposition to motion re 7 Motion for TRO filed by HARRIS COUNTY, TEXAS. (Attachments: # 1 Exhibit)(Oishi, Nina) (Entered: 04/11/2025)

Status Report Order

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

MINUTE ORDER: In light of the motions hearing held on April 11, 2025, it is hereby ORDERED that Defendants shall file a status report on or before noon on April 14, 2025, that informs the court of (1) the status of their review of the USCRI grant; (2) whether their review of Harris County's portion of the USCRI grant is segregable from their review of the rest of the grant; and (3) what progress, if any, has been made on the review of the programs listed in Catholic Charities Diocese of Fort Worth, Inc. v. Dep't of Health and Human Servs., No. 25-CV-605, ECF No. 20 ¶¶ 15, 17 (Mar. 12, 2025). Signed by Judge Loren L. AliKhan on 04/11/2025. (lclla1)

Minute Entry for MOTION HEARING held on 4/11/2025 before Judge Loren L. AliKhan: The matter comes before the court for a Motion Hearing on Plaintiff's Motion 7 for a Temporary Restraining Order ("TRO"). Nina Oishi, I, Tiffany Bingham, Eleanor Matheson, Ericka Brown (public health department representative), and Leah Barton (public health department representative) present on behalf of Plaintiff. Joseph F. Carilli, Jr. and Julia Fuma (DHHS counsel) present on behalf of Defendants. See Minute Order entered on 4/11/2025. (Court Reporter Jeffrey Hook)(mhp)

STATUS REPORT by ROBERT F. KENNEDY, JR, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS). (Carilli, Joseph) (Entered: 04/14/2025)

Supplemental STATUS REPORT by ROBERT F. KENNEDY, JR, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS). (Carilli, Joseph) (Entered: 04/14/2025)

Status Report Order

MINUTE ORDER: Upon consideration of Defendants' status report 13 and supplemental status report 14, it is hereby ORDERED that the parties shall file a joint status report on or before 5:00 p.m. on April 17, 2025, updating the court on the status of Harris County's outstanding requests for payment and proposing next steps in this litigation. Signed by Judge Loren L. AliKhan on 04/15/2025. (lclla1)

Joint STATUS REPORT by HARRIS COUNTY, TEXAS. (Attachments: # 1 Proposed Order)(Bingham, Tiffany) (Entered: 04/17/2025)

Notice of Error

NOTICE OF ERROR regarding 15 Status Report. Please note the following error(s) for future filings: Invalid attorney signature- signature on document must match PACER login. Do not refile. (znmw)

Status Report Order

MINUTE ORDER: Upon consideration of the parties' joint status report 15, it is hereby ORDERED that the parties shall file a joint status report on or before May 19, 2025, advising the court on next steps in the litigation. Signed by Judge Loren L. AliKhan on 04/21/2025. (lclla1)

NOTICE OF SUBSTITUTION OF COUNSEL by Jeremy S. Simon on behalf of ROBERT F. KENNEDY, JR, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS) Substituting for attorney Joseph F. Carilli, Jr (Simon, Jeremy) (Entered: 05/15/2025)

Joint STATUS REPORT by ROBERT F. KENNEDY, JR, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS). (Simon, Jeremy) (Entered: 05/19/2025)

Status Report Order

MINUTE ORDER: Upon consideration of the parties' joint status report 17, it is hereby ORDERED that the parties shall file a joint status report on or before June 18, 2025, advising the court on next steps in the litigation, unless a stipulation of dismissal is filed before then. Signed by Judge Loren L. AliKhan on 05/20/2025. (lclla1)

STIPULATION of Dismissal by HARRIS COUNTY, TEXAS. (Fombonne, Jonathan) (Entered: 06/17/2025)

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MINUTE ORDER: Upon consideration of the parties' stipulation of dismissal 18, it is hereby ORDERED that the case is DISMISSED without prejudice. It is further ORDERED that Plaintiff's motion for a temporary retraining order 7 is DENIED as moot. The Clerk of Court is hereby directed to terminate this case. Signed by Judge Loren L. AliKhan on 06/24/2025. (lclla1)