N.D. Tex. 4:20-cv-00283 Docket
Braidwood Management v. Becerra
previously Kelley v. United States of America
No. 4:20-cv-00283, Case History (under construction)
Court: Northern District of Texas (Fort Worth)
Assigned to: Judge Reed C. O’Connor
(previously Judge John McBryde, reassigned 03/29/20)
| Date Filed | # | Docket Text |
| 03/29/2020 | 1 | COMPLAINT against All Defendants filed by Kelley Orthodontics, Joel Starnes, Braidwood Management Inc., John Kelley. (Filing fee $400; Receipt number 0539-10733398) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy 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 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Cover Sheet) (Mitchell, Jonathan) (Entered: 03/29/2020) |
| 03/29/2020 | 2 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Braidwood Management Inc., John Kelley, Kelley Orthodontics, Joel Starnes. (Mitchell, Jonathan) (Entered: 03/29/2020) |
| 03/29/2020 | Case Reassigned to Judge Reed C. O’Connor. Senior Judge John McBryde no longer assigned to the case. (pef) (Entered: 03/30/2020) | |
| 03/29/2020 | 3 | New Case Notes: A filing fee has been paid. File to: Judge O’Connor. 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (pef) (Entered: 03/30/2020) |
| 03/30/2020 | 4 | Summons issued as to Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America, U.S. Attorney, and U.S. Attorney General. (pef) (Entered: 03/30/2020) |
| 04/14/2020 | 5 | SUMMONS Returned Executed: U.S. Attorney served on 04/03/2020 on behalf of all defendants; U.S. Attorney General served on 04/07/2020 on behalf of all defendants. (Fillmore, H) Modified docket text on 4/15/2020 (pef). (Entered: 04/14/2020) |
| 05/19/2020 | 6 | NOTICE of Attorney Appearance by Jordan Landrum Von Bokern-DOJ on behalf of Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America. (Filer confirms contact info in ECF is current.) (Von Bokern-DOJ, Jordan) (Entered: 05/19/2020) |
| 05/19/2020 | 7 | NOTICE of Attorney Appearance by Christopher M Lynch on behalf of Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America. (Filer confirms contact info in ECF is current.) (Lynch, Christopher) (Entered: 05/19/2020) |
| 05/20/2020 | 8 | Unopposed Motion for Extension of Time to File Answer filed by Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America with Brief/Memorandum in Support. (Von Bokern-DOJ, Jordan) (Entered: 05/20/2020) |
| 05/20/2020 | 9 | ORDER: Before the Court is Defendant’s Unopposed Motion for Extension of Time to File Answer (Motion) (ECF No. 8 ), filed May 20, 2020. Having considered the unopposed Motion, the Court finds that it should be and is hereby GRANTED. It is hereby ORDERED that Defendants may respond to Plaintiff’s Complaint on or before June 29, 2020. (Ordered by Judge Reed C. O’Connor on 5/20/2020) (pef) (Entered: 05/20/2020) |
| 06/26/2020 | 10 | MOTION Extension of Page Limitation filed by Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 06/26/2020) |
| 06/29/2020 | 11 | ORDER: Before the Court is Defendants’ Unopposed Motion for Extension of Page Limitation (Motion) (ECF No. 10 ), filed June 26, 2020. Having considered the unopposed Motion, the Court finds that it should be and is hereby GRANTED. Therefore, it is hereby ORDERED that Defendants may file a motion to dismiss not to exceed 40 pages. (Ordered by Judge Reed C. O’Connor on 6/29/2020) (pef) (Entered: 06/29/2020) |
| 06/29/2020 | 12 | MOTION to Dismiss for Lack of Jurisdiction , Motion to Dismiss for Failure to State a Claim() filed by Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America with Brief/Memorandum in Support. (Lynch, Christopher) (Entered: 06/29/2020) |
| 06/30/2020 | 13 | ***VACATED PER 16 ORDER*** ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Joint Report shall be filed on or before July 28, 2020. (Ordered by Judge Reed C. O’Connor on 6/30/2020) (pef) Modified on 7/27/2020 (chmb). (Entered: 06/30/2020) |
| 07/20/2020 | 14 | AMENDED COMPLAINT (FIRST) against Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America filed by Kelley Orthodontics, Joel Starnes, Braidwood Management Inc., John Kelley, Gregory Scheideman, Donovan Riddle, Karla Riddle, Zach Maxwell, Ashley Maxwell, Joel Miller. 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 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s)) (Mitchell, Jonathan) (Entered: 07/20/2020) |
| 07/24/2020 | 15 | Joint MOTION to Vacate 13 Order for Scheduling Order Proposal filed by Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 07/24/2020) |
| 07/27/2020 | 16 | ORDER granting 15 Joint Motion to Vacate. This Court’s order of June 30, 2020, ECF No. 13 , is hereby vacated. Defendants may file their Motion to Dismiss on or before August 7, 2020. (Ordered by Judge Reed C. O’Connor on 7/27/2020) (chmb) (Entered: 07/27/2020) |
| 08/06/2020 | 17 | MOTION Extension of Page Limitation filed by Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 08/06/2020) |
| 08/07/2020 | 18 | ELECTRONIC ORDER finding as moot 12 Motion to Dismiss for Lack of Jurisdiction. ; finding as moot 12 Motion to Dismiss for Failure to State a Claim (Ordered by Judge Reed C. O’Connor on 8/7/2020) (chmb) (Entered: 08/07/2020) |
| 08/07/2020 | 19 | ORDER granting 17 Motion… Defendants may file a motion to dismiss not to exceed 35 pages. (Ordered by Judge Reed C. O’Connor on 8/7/2020) (wrb) (Entered: 08/07/2020) |
| 08/07/2020 | 20 | MOTION to Dismiss for Lack of Jurisdiction First Amended Complaint, Motion to Dismiss for Failure to State a Claim() filed by Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America with Brief/Memorandum in Support. (Lynch, Christopher) (Entered: 08/07/2020) |
| 08/12/2020 | 21 | Unopposed MOTION to Extend Time of time to respond to motion to dismiss filed by Braidwood Management Inc., John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Donovan Riddle, Karla Riddle, Gregory Scheideman, Joel Starnes (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 08/12/2020) |
| 08/13/2020 | 22 | ORDER: Having considered the 21 Unopposed Motion, the Court finds that it should be and is hereby GRANTED. Therefore, it is hereby ORDERED that Plaintiffs may file a response on or before September 11, 2020. (Ordered by Judge Reed C. O’Connor on 8/13/2020) (pef) (Entered: 08/13/2020) |
| 09/12/2020 | 23 | MOTION Extend Page Limits for Plaintiffs’ Response to Defendants’ Motion to Dismiss filed by Braidwood Management Inc., John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Donovan Riddle, Karla Riddle, Gregory Scheideman, Joel Starnes (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 09/12/2020) |
| 09/12/2020 | 24 | BRIEF filed by Braidwood Management Inc., John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Donovan Riddle, Karla Riddle, Gregory Scheideman, Joel Starnes re: 20 MOTION to Dismiss for Lack of Jurisdiction First Amended ComplaintMotion to Dismiss for Failure to State a Claim (Mitchell, Jonathan) Modified on 9/14/2020 (wrb). (Entered: 09/12/2020) |
| 09/14/2020 | 25 | ELECTRONIC ORDER granting 23 Motion. (Ordered by Judge Reed C. O’Connor on 9/14/2020) (chmb) (Entered: 09/14/2020) |
| 09/14/2020 | 26 | Unopposed MOTION for Extension of Time to File Response to Motion to Dismiss, Nunc Pro Tunc filed by Braidwood Management Inc., John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Donovan Riddle, Karla Riddle, Gregory Scheideman, Joel Starnes (Attachments: # 1Proposed Order) (Mitchell, Jonathan) (Entered: 09/14/2020) |
| 09/16/2020 | 27 | NOTICE of Change of Address for Attorney H Dustin Fillmore, III on behalf of Braidwood Management Inc., John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Donovan Riddle, Karla Riddle, Gregory Scheideman, Joel Starnes. (Filer confirms contact info in ECF is current.) (Fillmore, H) (Entered: 09/16/2020) |
| 09/24/2020 | 28 | MOTION for Extension of Time to File Response/Reply to 24 Response/Objection, filed by Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 09/24/2020) |
| 09/25/2020 | 29 | ELECTRONIC ORDER granting 26 Motion for Extension of Time to File. (Ordered by Judge Reed C. O’Connor on 9/25/2020) (chmb) (Entered: 09/25/2020) |
| 09/25/2020 | 30 | ELECTRONIC ORDER granting 28 Defendants’ Motion to Extend Time to File Reply.The deadline for Defendants to file their Reply is hereby extended to October 5, 2020. (Ordered by Judge Reed C. O’Connor on 9/25/2020) (chmb) (Entered: 09/25/2020) |
| 10/05/2020 | 31 | MOTION Extension of Page Limitation filed by Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 10/05/2020) |
| 10/05/2020 | 32 | REPLY filed by Alex M. Azar II, Steven T. Mnuchin, Eugene Scalia, United States of America re: 20 MOTION to Dismiss for Lack of Jurisdiction First Amended ComplaintMotion to Dismiss for Failure to State a Claim (Lynch, Christopher) (Entered: 10/05/2020) |
| 10/06/2020 | 33 | ELECTRONIC ORDER granting 31 Motion (Ordered by Judge Reed C. O’Connor on 10/6/2020) (chmb) (Entered: 10/06/2020) |
| 12/28/2020 | 34 | NOTICE of Supplemental Authority filed by Braidwood Management Inc., John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Donovan Riddle, Karla Riddle, Gregory Scheideman, Joel Starnes (Attachments: # 1 Exhibit(s)) (Mitchell, Jonathan) (Entered: 12/28/2020) |
| 02/25/2021 | 35 | ORDER: Defendants’ Motion to Dismiss (ECF No. 20 ) is GRANTED in part and DENIED in part. Specifically, Defendants’ Motion to Dismiss is GRANTED as to Plaintiffs’ statutory-interpretation claim and the Religious-Objector Plaintiffs’ Contraceptive Mandate claim. Those claims are hereby dismissed with prejudice. All other requested relief in Defendants’ Motion to Dismiss is DENIED. (Ordered by Judge Reed C. O’Connor on 2/25/2021) (pef) (Entered: 02/25/2021) |
| 02/25/2021 | 36 | ORDER: The parties are ORDERED to meet and confer regarding a discovery timeline, a proposed briefing schedule on any remaining dispositive motions, the need for a trial setting, and any other matters the parties feel necessary to bring to the Court’s attention. The parties are directed to provide the Court with a status report on these matters by March 22, 2021. (Ordered by Judge Reed C. O’Connor on 2/25/2021) (pef) (Entered: 02/25/2021) |
| 03/11/2021 | 37 | ANSWER to 14 Amended Complaint,,, filed by Alex M. Azar II, Steven T Mnuchin, Eugene Scalia, United States of America. 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. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Von Bokern-DOJ, Jordan) (Entered: 03/11/2021) |
| 03/12/2021 | 38 | CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Alex M. Azar II, Steven T Mnuchin, Eugene Scalia, United States of America. (Von Bokern-DOJ, Jordan) (Entered: 03/12/2021) |
| 03/22/2021 | 39 | Joint STATUS REPORT filed by Alex M. Azar II, Steven T Mnuchin, Eugene Scalia, United States of America. (Lynch, Christopher) (Entered: 03/22/2021) |
| 03/23/2021 | 40 | SCHEDULING ORDER: Joinder of Parties due by 7/1/2021. Amended Pleadings due by 7/1/2021. Discovery due by 10/1/2021. Plaintiffs’ Motion for Summary Judgment due by 11/1/2021. (See order for further specifics) (Ordered by Judge Reed C. O’Connor on 3/23/2021) (pef) (Entered: 03/23/2021) |
| 06/11/2021 | 41 | NOTICE of Attorney Appearance by Gene Patrick Hamilton on behalf of Braidwood Management Inc., John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Donovan Riddle, Karla Riddle, Gregory Scheideman, Joel Starnes. (Filer confirms contact info in ECF is current.) (Hamilton, Gene) (Entered: 06/11/2021) |
| 10/26/2021 | 42 | Agreed MOTION to Extend Time Briefing Schedule filed by Xavier Becerra, United States of America, Martin J. Walsh, Janet L. Yellen (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 10/26/2021) |
| 10/26/2021 | 43 | SCHEDULING ORDER: The Court GRANTS the parties’ 42Motion. The Court ORDERS the following: Plaintiffs’ Motion for Summary Judgment is due on or before November 15. Defendants’ Combined Response & Cross Motion for Summary Judgment is due December 29. Plaintiffs’ Combined Reply & Response to Cross-Motion for Summary Judgment is due January 28, 2022. Defendants’ Reply to Cross-Motion for Summary Judgment is due February 18. (Ordered by Judge Reed C. O’Connor on 10/26/2021) (pef) (Entered: 10/26/2021) |
| 11/15/2021 | 44 | MOTION for Summary Judgment filed by Braidwood Management Inc., John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman, Joel Starnes (Mitchell, Jonathan) (Entered: 11/15/2021) |
| 11/15/2021 | 45 | Brief/Memorandum in Support filed by Braidwood Management Inc., John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman, Joel Starnes re 44 MOTION for Summary Judgment (Mitchell, Jonathan) (Entered: 11/15/2021) |
| 11/15/2021 | 46 | Appendix in Support filed by Braidwood Management Inc., John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman, Joel Starnes re 44 MOTION for Summary Judgment (Mitchell, Jonathan) (Entered: 11/16/2021) |
| 12/02/2021 | 47 | Joint STIPULATION OF DISMISSAL of Claims Asserted by Donovan Riddle and Karla Riddle by Donovan Riddle, Karla Riddle. (Mitchell, Jonathan) (Entered: 12/02/2021) |
| 12/20/2021 | 48 | Agreed MOTION to Extend Time Amend Scheduling Order filed by Xavier Becerra, United States of America, Martin J. Walsh, Janet L. Yellen (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 12/20/2021) |
| 12/21/2021 | 49 | ORDER: Before the Court is the parties’ second 48 Agreed Motion to Amend Briefing Schedule. The Court GRANTS the parties’ Motion. (see order) (Ordered by Judge Reed C. O’Connor on 12/21/2021) (mmw) (Entered: 12/21/2021) |
| 12/22/2021 | 50 | NOTICE of Supplemental Authority filed by Braidwood Management Inc., John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman, Joel Starnes (Attachments: # 1 Exhibit(s) Fifth Circuit panel opinion in DeOtte v. Nevada, No. 19-10754) (Mitchell, Jonathan) (Entered: 12/22/2021) |
| 01/07/2022 | 51 | Consent MOTION for Extension of Time to File Summary Judgment Briefing/Amend Scheduling Order filed by Xavier Becerra, United States of America, Martin J. Walsh, Janet L. Yellen (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 01/07/2022) |
| 01/07/2022 | 52 | ORDER: Before the Court is the parties’ 51 Consent Motion to Amend Briefing Schedule. The Court GRANTS the Motion. (see order) (Ordered by Judge Reed C. O’Connor on 1/7/2022) (mmw) (Entered: 01/07/2022) |
| 01/27/2022 | 53 | MOTION Extension of Page Limitation filed by Xavier Becerra, United States of America, Martin J. Walsh, Janet L. Yellen (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 01/27/2022) |
| 01/28/2022 | 54 | Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12560141) filed by State of Illinois (Attachments: # 1 Exhibit(s) Cert of Good Standing – E Jordan)Attorney Elizabeth Jordan added to party State of Illinois(pty:am) (Jordan, Elizabeth) (Entered: 01/28/2022) |
| 01/28/2022 | 55 | MOTION Appear without Local Counsel re 54 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12560141) filed by State of Illinois (Jordan, Elizabeth) Modified filers per PDF on 1/31/2022 (mmw). (Entered: 01/28/2022) |
| 01/28/2022 | 56 | MOTION for Leave to File Brief of Amici States in Support of the Defendants’ Motion for Summary Judgment Pursuant to Local Rule 7.2(b) filed by State of Illinois with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Amicus Brief) (Jordan, Elizabeth) Modified filers per PDF on 1/31/2022 (mmw). (Entered: 01/28/2022) |
| 01/28/2022 | 57 | ELECTRONIC ORDER granting 54 Application for Admission Pro Hac Vice of Elizabeth H. Jordan. 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 Reed C. O’Connor on 1/28/2022) (chmb) (Entered: 01/28/2022) |
| 01/28/2022 | 58 | ORDER: Before the Court is Defendants’ Unopposed 53 Motion for Extension of Page Limit. The Court GRANTS the motion and ORDERS that Defendants’ Brief in Response to Plaintiffs’ Motion for Summary Judgment and Cross-Motion for Summary Judgment shall be no longer than 60 pages. (Ordered by Judge Reed C. O’Connor on 1/28/2022) (mmw) (Entered: 01/28/2022) |
| 01/28/2022 | 59 | ORDER: Before the Court is the Amici States’ 55 Motion to Appear Without Local Counsel. The Court GRANTS the motion and ORDERS that counsel for the parties is required to fulfill all local counsel requirements and abide by all local rules of this Court. (Ordered by Judge Reed C. O’Connor on 1/28/2022) (mmw) (Entered: 01/28/2022) |
| 01/28/2022 | 60 | ORDER: Before the Court is the Amici States’ 56 Unopposed Motion for Leave to File Brief Amici Curiae in Support of the Defendants’ Motion for Summary Judgment. The Court GRANTS the motion and DIRECTS the Clerk of Court to file the document attached to the motion (ECF No. 56-1) as the amici brief. (Ordered by Judge Reed C. O’Connor on 1/28/2022) (mmw) (Entered: 01/28/2022) |
| 01/28/2022 | 61 | Brief of Amici States in Support of Defendants’ Motion for Summary Judgment filed by State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Massachusetts, State of Michigan, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Pennsylvania, State of Rhode Island, State of Vermont, State of Washington, The District of Columbia re 20 MOTION to Dismiss for Lack of Jurisdiction First Amended ComplaintMotion to Dismiss for Failure to State a Claim, 12 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim (mmw) (Entered: 01/28/2022) |
| 01/28/2022 | 62 | MOTION for Summary Judgment filed by Xavier Becerra, United States of America, Martin J. Walsh, Janet L. Yellen (Lynch, Christopher) (Entered: 01/28/2022) |
| 01/28/2022 | 63 | RESPONSE filed by Xavier Becerra, United States of America, Martin J. Walsh, Janet L. Yellen re: 44 MOTION for Summary Judgment (Lynch, Christopher) (Entered: 01/28/2022) |
| 01/28/2022 | 64 | Brief/Memorandum in Support filed by Xavier Becerra, United States of America, Martin J. Walsh, Janet L. Yellen re 63 Response/Objection, 62 MOTION for Summary Judgment (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 01/28/2022) |
| 01/28/2022 | 65 | Appendix in Support filed by Xavier Becerra, United States of America, Martin J. Walsh, Janet L. Yellen re 63 Response/Objection, 62 MOTION for Summary Judgment , 64 Brief/Memorandum in Support of Motion, (Lynch, Christopher) (Entered: 01/28/2022) |
| 02/04/2022 | 66 | Unopposed MOTION for Leave to File AMICI CURIAE BRIEF IN SUPPORT OF DEFENDANTS filed by 20 Health Policy Experts (Attachments: # 1 Proposed Order, # 2 Exhibit(s) Amici Curiae Brief, # 3 Exhibit(s) Appendix to Amici Curiae Brief). Party 20 Health Policy Experts, the APHA, and the AAMC added.Attorney Kaylynn Danielle Webb added to party 20 Health Policy Experts(pty:am) (Webb, Kaylynn) (Entered: 02/04/2022) |
| 02/07/2022 | 67 | ORDER: The Court GRANTS the 66 motion and DIRECTS the Clerk of Court to file Exhibit 2 (ECF No. 66-2) as the amici brief and Exhibit 3 (ECF No. 66-3) as the appendix to the amici brief. (Ordered by Judge Reed C. O’Connor on 2/7/2022) (mmw) (Entered: 02/07/2022) |
| 02/07/2022 | 68 | AMICUS BRIEF in Support of Defendants’ 62 Motion for Summary Judgment filed by 20 Health Policy Experts, The American Public Health Association, The Association of American Medical Colleges (mmw) (Entered: 02/07/2022) |
| 02/07/2022 | 69 | Appendix in Support filed by 20 Health Policy Experts, The American Public Health Association, The Association of American Medical Colleges re 68 Amicus Brief (mmw) (Entered: 02/07/2022) |
| 02/25/2022 | 70 | MOTION for Extension of Time to File Response/Reply to 44MOTION for Summary Judgment , 62 MOTION for Summary Judgment filed by Braidwood Management Inc, John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman, Joel Starnes (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 02/25/2022) |
| 02/26/2022 | 71 | ORDER granting 70 Motion to Extend Time to File Response/Reply. Plaintiffs shall file their combined reply and response brief no later than Monday, March 14, 2022. Defendants shall file their reply brief in support of their cross-motion for summary judgment no later than April 4, 2022. (Ordered by Judge Reed C. O’Connor on 2/26/2022) (chmb) (Entered: 02/26/2022) |
| 03/13/2022 | 72 | MOTION for Extension of Time to File Response/Reply to 44MOTION for Summary Judgment , 62 MOTION for Summary Judgment filed by Braidwood Management Inc, John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman, Joel Starnes (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 03/13/2022) |
| 03/14/2022 | 73 | ORDER: Before the Court is Plaintiffs’ 72 Motion for Extension of Time for Plaintiffs to File Reply Brief in Support of Motion for Summary Judgment. The Court GRANTS the motion. (see order) (Ordered by Judge Reed C. O’Connor on 3/14/2022) (mmw) (Entered: 03/14/2022) |
| 03/28/2022 | 74 | RESPONSE filed by Braidwood Management Inc, John Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman, Joel Starnes re: 62MOTION for Summary Judgment (Attachments: # 1 Exhibit(s)) (Mitchell, Jonathan) (Entered: 03/29/2022) |
| 03/30/2022 | 75 | MOTION for Extension of Time to File Response/Reply to 74 Response/Objection, 73 Order Setting Deadline/Hearing,, Terminate Motions, filed by Xavier Becerra, United States of America, Martin J Walsh, Janet L. Yellen (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 03/30/2022) |
| 03/31/2022 | 76 | ORDER granting 75 …Before the Court is Defendants Consent Motion to Amend Briefing Schedule (ECF No. 75 ), filed March 30, 2022. Noting the motion is unopposed, the Court GRANTS the motion and ORDERS that Defendants shall file their reply brief in support of their cross- motion for summary judgment no later than May 6, 2022. (Ordered by Judge Reed C. O’Connor on 3/31/2022) (wxc) (Entered: 03/31/2022) |
| 05/03/2022 | 77 | MOTION for Extension of Time to File Response/Reply to 76Order on Motion to Extend Time to File Response/Reply, filed by Xavier Becerra, United States of America, Martin J Walsh, Janet L. Yellen (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 05/03/2022) |
| 05/04/2022 | 78 | ORDER: Before the Court is the 77 Consent Motion to Amend Briefing Schedule. The Court GRANTS the motion and ORDERS that Defendants’ reply is due May 26, 2022. (Ordered by Judge Reed C. O’Connor on 5/4/2022) (mmw) (Entered: 05/04/2022) |
| 05/05/2022 | 79 | Unopposed MOTION to Withdraw as Attorney filed by Alex M. Azar II, Xavier Becerra, Steven T Mnuchin, Eugene Scalia, United States of America, Martin J Walsh, Janet L. Yellen with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Von Bokern-DOJ, Jordan) (Entered: 05/05/2022) |
| 05/06/2022 | 80 | ORDER: Before the Court is Defendants’ Unopposed Motion to Withdraw (ECF No. 79 ), filed May 5, 2022. The Court GRANTS the motion and DIRECTS the Clerk of Court to terminate Jordan L. Von Bokern of the United States Department of Justice as counsel for Defendants. (Ordered by Judge Reed C. O’Connor on 5/6/2022) (mmw) (Entered: 05/06/2022) |
| 05/25/2022 | 81 | MOTION Extension of Page Limitation for Reply in Support of Cross Motion for Summary Judgment filed by Xavier Becerra, United States of America, Martin J Walsh, Janet L. Yellen (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 05/25/2022) |
| 05/25/2022 | 82 | ORDER: Before the Court is Defendants’ Unopposed Motion for Extension of Page Limit for Defendants Reply (ECF No. 81 ), filed May 25, 2022. Noting the motion is unopposed, the Court GRANTS the motion and ORDERS that Defendants’ reply brief shall be no longer than 35 pages. (Ordered by Judge Reed C. O’Connor on 5/25/2022) (mmw) (Entered: 05/25/2022) |
| 05/26/2022 | 83 | REPLY filed by Xavier Becerra, United States of America, Martin J Walsh, Janet L. Yellen re: 62 MOTION for Summary Judgment (Lynch, Christopher) (Entered: 05/26/2022) |
| 07/07/2022 | 84 | ORDER…Before the Court are Plaintiffs Motion for Summary Judgment (ECF No. 44 ), filed November 15, 2021; and Defendants Cross-Motion for Summary Judgment (ECF No. 62 ), filed January 28, 2022. The Court ORDERS a motions hearing to take place on Tuesday, July 26, 2022, at 9:00 AM in the Second Floor Courtroom of the Federal Courthouse in Fort Worth, Texas. (Ordered by Judge Reed C. O’Connor on 7/7/2022) (wxc) (Entered: 07/07/2022) |
| 07/26/2022 | 85 | ELECTRONIC Minute Entry for proceedings held before Judge Reed C. O’Connor: Motion Hearing held on 7/26/2022 re 44 Motion for Summary Judgment filed by Gregory Scheideman, John Scott Kelley, Joel Miller, Kelley Orthodontics, Joel Starnes, Ashley Maxwell, Braidwood Management Inc, Zach Maxwell, 62 Motion for Summary Judgment filed by Martin J Walsh, United States of America, Xavier Becerra, Janet L Yellen. Attorney Appearances: Plaintiff – Jonathan Mitchell; Defense – Christopher Lynch, Brian Stoltz. (Court Reporter: Zoie Williams) (No exhibits) Time in Court – 1:40. (chmb) (Entered: 07/26/2022) |
| 08/02/2022 | 86 | Supplemental Document by Xavier Becerra, United States of America, Martin J Walsh, Janet L Yellen as to 63 Response/Objection, 62 MOTION for Summary Judgment . (Lynch, Christopher) (Entered: 08/02/2022) |
| 08/03/2022 | 87 | NOTICE of Supplemental Authority filed by Braidwood Management Inc, John Scott Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Donovan Riddle, Karla Riddle, Gregory Scheideman, Joel Starnes (Attachments: # 1 Exhibit(s)) (Mitchell, Jonathan) (Entered: 08/03/2022) |
| 08/05/2022 | 88 | NOTICE of Errata or Clarification re: 86 Supplemental Document filed by Xavier Becerra, United States of America, Martin J Walsh, Janet L Yellen (Lynch, Christopher) (Entered: 08/05/2022) |
| 08/10/2022 | 89 | MOTION to Amend Caption filed by Braidwood Management Inc, John Scott Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman, Joel Starnes (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 08/10/2022) |
| 08/11/2022 | 90 | ORDER Before the Court is Plaintiffs Unopposed Motion to Amend Caption 89 , filed August 10, 2022. Noting the motion is unopposed, the Court GRANTS the motion and DIRECTS the Clerk of Court to update the case caption as reflected in this order (Ordered by Judge Reed C. O’Connor on 8/11/2022) (jgg) (Entered: 08/11/2022) |
| 08/23/2022 | 91 | NOTICE of Supplemental Authority filed by Braidwood Management Inc, John Scott Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman, Joel Starnes (Attachments: # 1 Exhibit(s)) (Mitchell, Jonathan) (Entered: 08/23/2022) |
| 09/07/2022 | 92 | MEMORANDUM OPINION & ORDER: The Court ORDERS that motions are GRANTED in part and DENIED in part 44 62 .The parties shall file a joint status report by September 9, 2022, outlining the remaining issues to be decided and proposing a schedule for the remaining briefing. (Ordered by Judge Reed C. O’Connor on 9/7/2022) (jgg) (Entered: 09/07/2022) |
| 09/08/2022 | 93 | Consent MOTION for Extension of Time to File Joint Status Reportto September 16, 2022 filed by Xavier Becerra, United States of America, Martin J Walsh, Janet L Yellen (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 09/08/2022) |
| 09/08/2022 | 94 | ORDER granting 93 Motion for Extension of Time to File Joint Status Report. Status Report due by 9/16/2022. (Ordered by Judge Reed C. O’Connor on 9/8/2022) (chmb) (Entered: 09/08/2022) |
| 09/16/2022 | 95 | Joint STATUS REPORT filed by Xavier Becerra, United States of America, Martin J Walsh, Janet L Yellen. (Lynch, Christopher) (Entered: 09/16/2022) |
| 09/22/2022 | 96 | Notice of Filing of Official Electronic Transcript of Motion Hearing Proceedings held on 7.26.22 before Judge Reed C. O’Connor. Court Reporter/Transcriber Zoie Williams, Telephone number 817.850.6630. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk’s office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request – Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (111 pages) Redaction Request due 10/13/2022. Redacted Transcript Deadline set for 10/24/2022. Release of Transcript Restriction set for 12/21/2022. (zow) (Entered: 09/22/2022) |
| 09/28/2022 | 97 | SCHEDULING ORDER ON SUPPLEMENTAL BRIEFING: Deadline for plaintiffs to file their supplemental motion for summary judgment: October 24, 2022. Deadline for defendants to file combined response to plaintiffs supplemental motion for summary judgment and defendants supplemental cross-motion for summary judgment: 30 days after plaintiff files supplemental motion for summary judgment. Deadline for plaintiffs to file combined response to defendants supplemental motion for summary judgment and reply brief in support of plaintiffs supplemental motion for summary judgment: 30 days after defendants file cross-motion for summary judgment. Deadline for defendants to file reply brief in support of defendants supplemental motion for summary judgment: 21 days after plaintiffs file combined response to defendants supplemental motion for summary judgment and reply brief in support of plaintiffs supplemental motion for summary judgment. (Ordered by Judge Reed C. O’Connor on 9/28/2022) (jgg) (Entered: 09/28/2022) |
| 10/24/2022 | 98 | Brief/Memorandum in Support filed by Braidwood Management Inc, John Scott Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman, Joel Starnes re 97 Order Setting Deadline/Hearing,,,, (Mitchell, Jonathan) (Entered: 10/24/2022) |
| 11/23/2022 | 99 | RESPONSE filed by Xavier Becerra, United States of America, Martin J Walsh, Janet L Yellen re: 98 Brief/Memorandum in Support of Motion, (Lynch, Christopher) (Entered: 11/23/2022) |
| 11/23/2022 | 100 | Supplemental Document by Xavier Becerra, United States of America, Martin J Walsh, Janet L Yellen as to 99 Response/Objection SUPPLEMENTAL APPENDIX. (Lynch, Christopher) (Entered: 11/23/2022) |
| 11/29/2022 | 101 | Consent MOTION to Extend Time Briefing Schedule filed by Xavier Becerra, United States of America, Martin J Walsh, Janet L Yellen (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 11/29/2022) |
| 11/30/2022 | 102 | SECOND ORDER ON SUPPLEMENTAL BRIEFING Before the Court is Defendants Consent Motion to Amend Briefing Schedule 101 , filed November 29, 2022. Having reviewed the motion and finding good cause to amend, and noting the agreement of the parties, the Court ORDERS the following amended briefing schedule: Plaintiffs Combined Supplemental Reply & Response to Supplemental Cross-Motion for Summary Judgment January 6, 2023 Defendants Reply in Support of Supplemental Cross- Motion for Summary Judgment January 27, 2023 (Ordered by Judge Reed C. O’Connor on 11/30/2022) (jgg) (Entered: 11/30/2022) |
| 11/30/2022 | 103 | MOTION for Leave to File Amici Curiae Brief Supporting DefendantsMotion filed by AMERICAN CANCER SOCIETY, AMERICAN CANCER SOCIETY CANCER ACTION NETWORK, American Kidney Fund, AMERICAN LUNG ASSOCIATION, Arthritis Foundation, CanerCare, Cancer Support Community, Cystic Fibrosis Foundation, Epilepsy Foundation, Hemophilia Federation of America, Leukemia and Lymphoma Society, National Minority Quality Forum, NATIONAL MULTIPLE SCLEROSIS SOCIETY, National Patient Advocate Foundation, The AIDS Institute, WomenHeart (Attachments: # 1 Proposed Order, # 2 Exhibit(s))Attorney Beth Bivans Petronio added to party AMERICAN CANCER SOCIETY(pty:mov), Attorney Beth Bivans Petronio added to party AMERICAN CANCER SOCIETY CANCER ACTION NETWORK(pty:mov), Attorney Beth Bivans Petronio added to party American Kidney Fund(pty:mov), Attorney Beth Bivans Petronio added to party AMERICAN LUNG ASSOCIATION(pty:mov), Attorney Beth Bivans Petronio added to party Arthritis Foundation(pty:mov), Attorney Beth Bivans Petronio added to party CanerCare(pty:mov), Attorney Beth Bivans Petronio added to party Cancer Support Community(pty:mov), Attorney Beth Bivans Petronio added to party Cystic Fibrosis Foundation(pty:mov), Attorney Beth Bivans Petronio added to party Epilepsy Foundation(pty:mov), Attorney Beth Bivans Petronio added to party Hemophilia Federation of America(pty:mov), Attorney Beth Bivans Petronio added to party Leukemia and Lymphoma Society(pty:mov), Attorney Beth Bivans Petronio added to party National Minority Quality Forum(pty:mov), Attorney Beth Bivans Petronio added to party NATIONAL MULTIPLE SCLEROSIS SOCIETY(pty:mov), Attorney Beth Bivans Petronio added to party National Patient Advocate Foundation(pty:mov), Attorney Beth Bivans Petronio added to party The AIDS Institute(pty:mov), Attorney Beth Bivans Petronio added to party WomenHeart(pty:mov) (Petronio, Beth) (Entered: 11/30/2022) |
| 11/30/2022 | 104 | Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13336540) filed by American Medical Association, American College of Obstetricians and Gynecologists, Society for Maternal-Fetal Medicine, American Academy of Pediatrics, American Medical Womens Association, American Academy of Family Physicians, National Medical Association, Infectious Diseases Society of America. Party Amici Curiae American Medical Association, the American College of Obstetricians and Gynecologists, the Society for Maternal-Fetal Medicine, the American Academy of Pediatrics, the American Medical Womens Association, the American Academy of Family Physicians, the National Medical Association, and the Infectious Diseases Society of America added.Attorney John T Lewis added to party American Medical Association(pty:am), Attorney John T Lewis added to party American College of Obstetricians and Gynecologists(pty:am), Attorney John T Lewis added to party Society for Maternal-Fetal Medicine(pty:am), Attorney John T Lewis added to party American Academy of Pediatrics(pty:am), Attorney John T Lewis added to party American Medical Womens Association(pty:am), Attorney John T Lewis added to party American Academy of Family Physicians(pty:am), Attorney John T Lewis added to party National Medical Association(pty:am), Attorney John T Lewis added to party Infectious Diseases Society of America(pty:am) (Lewis, John) (Entered: 11/30/2022) |
| 11/30/2022 | 105 | MOTION for Leave to File Amici Curiae Brief filed by American Academy of Family Physicians, American Academy of Pediatrics, American College of Obstetricians and Gynecologists, American Medical Association, American Medical Womens Association, Infectious Diseases Society of America, National Medical Association, Society for Maternal-Fetal Medicine with Brief/Memorandum in Support. (Attachments: # 1 Proposed Amici Brief, # 2 Proposed Order) (Lewis, John) (Entered: 11/30/2022) |
| 12/01/2022 | 106 | ORDER Before the Court is the Application for Admission Pro Hac Vice of John T. Lewis 104 filed November 30, 2022. The Court GRANTS the application and directs the Clerk to add Mr. Lewis as counsel of record for Amici. Also before the Court are the Motions for Leave to File Brief Amici Curiae 103 , 105 . Having considered the motions and applicable law, the Court GRANTS the motions and directs the Clerk to docket the proposed amicus brief attached to each motion. (Ordered by Judge Reed C. O’Connor on 12/1/2022) (jgg) (Entered: 12/01/2022) |
| 12/01/2022 | 107 | Brief/Memorandum in Support filed by American Cancer Society, American Cancer Society Cancer Action Network, American Kidney Fund, American Lung Association, Arthritis Foundation, Cancer Support Community, CancerCare, Cystic Fibrosis Foundation, Epilepsy Foundation, Hemophilia Federation of America, Leukemia and Lymphoma Society, National Minority Quality Forum, National Multiple Sclerosis Society, National Patient Advocate Foundation, The AIDS Institute, WomenHeart re 44 MOTION for Summary Judgment (jgg) (Entered: 12/02/2022) |
| 12/01/2022 | 108 | Brief/Memorandum in Support filed by American Academy of Family Physicians, American Academy of Pediatrics, American College of Obstetricians and Gynecologists, American Medical Association, American Medical Womens Association, Infectious Diseases Society of America, National Medical Association, Society for Maternal-Fetal Medicine re 44 MOTION for Summary Judgment (jgg) (Entered: 12/02/2022) |
| 12/05/2022 | 109 | MOTION to Amend/Correct 104 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13336540) filed by American Academy of Family Physicians, American Academy of Pediatrics, American College of Obstetricians and Gynecologists, American Medical Association, American Medical Womens Association, Infectious Diseases Society of America, National Medical Association, Society for Maternal-Fetal Medicine (Attachments: # 1 Amended PHV Application) (Lewis, John) (Entered: 12/05/2022) |
| 12/06/2022 | 110 | ELECTRONIC ORDER granting 109 Motion to Amend/Correct. The Court GRANTS the motion to amend/correct application and directs the Clerk to ensure Mr. Lewis is added as counsel of record for Amici. (Ordered by Judge Reed C. O’Connor on 12/6/2022) (chmb) (Entered: 12/06/2022) |
| 01/06/2023 | 111 | REPLY filed by Braidwood Management Inc, John Scott Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman, Joel Starnes re: 44 MOTION for Summary Judgment (Attachments: # 1 Declaration(s), # 2 Declaration(s), # 3 Declaration(s)) (Mitchell, Jonathan) (Entered: 01/06/2023) |
| 01/27/2023 | 112 | REPLY filed by Xavier Becerra, United States of America, Martin J Walsh, Janet L Yellen re: 111 Reply, (Lynch, Christopher) (Entered: 01/27/2023) |
| 03/30/2023 | 113 | SECOND MEMORANDUM OPINION & ORDER ON REMEDIES IN RELATION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT The Court DISMISSES with prejudice the religious objector Plaintiffs, including Braidwood Management Inc.s, contraceptive mandate claims. The non-religious objector Plaintiffs contraceptive mandate claims are DISMISSED without prejudice for lack of subject matter jurisdiction. The parties cross-motions for summary judgment are GRANTED in part and DENIED in part. For the reasons discussed, the remaining Plaintiffs have shown they are entitled to declaratory and injunctive relief as to their RFRA claims and to declaratory and injunctive relief and to a universal remedy with respect to their Appointments Clause claim as it relates to PSTF. (Ordered by Judge Reed C. O’Connor on 3/30/2023) (jgg) (Main Document 113 replaced on 4/4/2023) (jgg). (Entered: 03/30/2023) |
| 03/30/2023 | 114 | FINAL JUDGMENT This action came on for consideration by the Court, and the issues having been duly considered and a decision duly rendered in the Courts orders partially granting and partially denying the parties motions for summary judgment. (See order for details) (Ordered by Judge Reed C. O’Connor on 3/30/2023) (jgg) (Entered: 03/30/2023) |
| 03/31/2023 | 115 | NOTICE OF APPEAL as to 113 Memorandum Opinion and Order, 114 Judgment, 92 Memorandum Opinion and Order,, Order Setting Deadline/Hearing, to the Fifth Circuit by Xavier Becerra, United States of America, Martin J Walsh, Janet L Yellen. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Lynch, Christopher) (Entered: 03/31/2023) |
| 04/04/2023 | 116 | NOTICE OF DOCUMENT REPLACEMENT The Court docketed its Second Memorandum Opinion and Order on Remedies 113 on March 30, 2023. The Clerk of Court is directed to replace the original document to correct grammatical errors found on pages 14 and 17. (Ordered by Judge Reed C. O’Connor on 4/4/2023) (jgg) (Entered: 04/04/2023) |
| 04/05/2023 | 117 | USCA Case Number 23-10326 in United States Court of Appeals 5th Circuit for 115 Notice of Appeal, filed by Xavier Becerra, Martin J Walsh, Janet L Yellen, United States of America. (tle) (Entered: 04/05/2023) |
| 04/06/2023 | 118 | NOTICE OF APPEAL as to 114 Judgment, to the Fifth Circuit by Braidwood Management Inc, John Scott Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman, Joel Starnes. Filing fee $505, receipt number ATXNDC-13645476. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Mitchell, Jonathan) (Entered: 04/06/2023) |
| 04/10/2023 | 119 | Transcript Order Form: re 115 Notice of Appeal, transcript not requested Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court. (Lynch, Christopher) (Entered: 04/10/2023) |
| 04/11/2023 | 120 | Joint MOTION for Extension of Time to File Application for Costs and Attorneys’ Fees filed by Braidwood Management Inc, John Scott Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman, Joel Starnes (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 04/11/2023) |
| 04/12/2023 | 121 | MOTION to Stay re 114 Judgment, Motion for Partial Stay of Judgment Pending Appeal filed by Xavier Becerra, United States of America, Martin J Walsh, Janet L Yellen with Brief/Memorandum in Support. (Attachments: # 1 Declaration(s) of Jeff Wu, # 2 Declaration(s) of Lisa M. Gomez, # 3 Proposed Order) (Lynch, Christopher) (Entered: 04/12/2023) |
| 04/13/2023 | 122 | ORDER Before the Court is Defendants Motion for Partial Stay of Judgment Pending Appeal 121 , filed April 12, 2023. To expedite consideration of the same before the Defendants requested date of Aril 20, 2023, the Court ORDERS Plaintiffs to respond no later than April 17, 2023 at 5:00 p.m. CST. Defendants may file their reply no later than April 18, 2023. (Ordered by Judge Reed C. O’Connor on 4/13/2023) (jgg) (Entered: 04/13/2023) |
| 04/13/2023 | 123 | ORDER Before the Court is the parties Joint Motion to Extend Deadline for Filing Application for Attorneys Fees 120 , filed April 11, 2023. Having considered the motion and finding good cause, the Court GRANTS the motion and ORDERS Plaintiffs to submit their application for costs and fees no later than 14 days after the conclusion of direct appeals. (Ordered by Judge Reed C. O’Connor on 4/13/2023) (jgg) (Entered: 04/13/2023) |
| 04/17/2023 | 124 | MOTION for Extension of Time to File Response/Reply to 121 MOTION to Stay re 114 Judgment, Motion for Partial Stay of Judgment Pending Appeal filed by Braidwood Management Inc, John Scott Kelley, Kelley Orthodontics, Ashley Maxwell, Zach Maxwell, Joel Miller, Gregory Scheideman, Joel Starnes (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 04/17/2023) |
| 04/17/2023 | 125 | ORDER Having considered the motion 124 , the Court finds good cause to GRANT Plaintiffs reasonable request for a brief extension. The Court therefore ORDERS Plaintiffs to respond no later than 11:59 p.m. CST on April 18, 2023. The Government may reply no later than April 19, 2023. (Ordered by Judge Reed C. O’Connor on 4/17/2023) (jgg) (Entered: 04/17/2023) |
| 04/17/2023 | 126 | USCA Case Number 23-10326 in United States Court of Appeals 5th Circuit for 118 Notice of Appeal, filed by Gregory Scheideman, John Scott Kelley, Joel Miller, Kelley Orthodontics, Joel Starnes, Ashley Maxwell, Braidwood Management Inc, Zach Maxwell. (tle) (Entered: 04/17/2023) |
| 04/18/2023 | 127 | RESPONSE filed by Braidwood Management Inc re: 121 MOTION to Stay re 114 Judgment, Motion for Partial Stay of Judgment Pending Appeal (Mitchell, Jonathan) (Entered: 04/18/2023) |
| 04/19/2023 | 128 | REPLY filed by Xavier Becerra, United States of America, Martin J Walsh, Janet L Yellen re: 121 MOTION to Stay re 114 Judgment, Motion for Partial Stay of Judgment Pending Appeal (Lynch, Christopher) (Entered: 04/19/2023) |
| 04/20/2023 | 129 | ORDER: The Court DEFERS ruling on Defendants motion while the Court considers the parties briefing on the merits. The Court ORDERS Defendantsas soon as practicalto (1) address their commitment to the assertions that, absent an emergency stay pending appeal, more than 150 million Americans preventive care services coverage will be disrupted; and (2) explain what evidence they have that insureds will lose their coverage as suggested in Defendants briefing. The Court will take this information into consideration when evaluating the merits of Defendants request for emergency relief and whether they have carried their burden to justify this Courts discretionary imposition of a stay pending appeal. (Ordered by Judge Reed C. O’Connor on 4/20/2023) (jgg) (Entered: 04/20/2023) |
| 04/21/2023 | 130 | REPLY filed by Xavier Becerra, United States of America, Martin J Walsh, Janet L Yellen re: 129 Order,,, (Attachments: # 1 Exhibit(s) Ex. A Letter to Certain Members of Congress) (Lynch, Christopher) (Entered: 04/21/2023) |
| 04/24/2023 | Record on Appeal for USCA5 23-10326 (related to 115 , 118 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 1 Volume(s) electronic transcript,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (tle) (Entered: 04/24/2023) |
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| 05/01/2023 | APPEARANCE FORM FILED by Attorney Madeline Gitomer for Not Party American Society of Clinical Oncology in 23-10326, Attorney Madeline Gitomer for Not Party National Hispanic Medical Association in 23-10326, Attorney Madeline Gitomer for Not Party American College of Chest Physicians in 23-10326, Attorney Madeline Gitomer for Not Party American Thoracic Society in 23-10326, Attorney Madeline Gitomer for Not Party Infectious Diseases Society of America in 23-10326, Attorney Madeline Gitomer for Not Party National Medical Association in 23-10326, Attorney Madeline Gitomer for Not Party American Academy of Family Physicians in 23-10326, Attorney Madeline Gitomer for Not Party American Medical Women’s Association in 23-10326, Attorney Madeline Gitomer for Not Party American Academy of Pediatrics in 23-10326, Attorney Madeline Gitomer for Not Party Society for Maternal-Fetal Medicine in 23-10326, Attorney Madeline Gitomer for Not Party American College of Obstetricians and Gynecologists in 23-10326, Attorney Madeline Gitomer for Not Party American Medical Association in 23-10326. Access to the EROA has been granted. (tle) (Entered: 05/01/2023) | |
| 05/01/2023 | APPEARANCE FORM FILED at USCA5 by Attorney(s) Allison M. Zieve for party(s) Amicus Curiae American Lung Association Amicus Curiae American Heart Association Amicus Curiae Public Citizen Amicus Curiae Adult Vaccine Access Coalition Amicus Curiae Campaign for Tobacco-Free Kids Amicus Curiae LUNGevity Foundation Amicus Curiae Truth Initiative Foundation Amicus Curiae GO2 for Lung Cancer, in case 23-10326. Access to the EROA has been granted. (tle) (Entered: 05/01/2023) | |
| 05/02/2023 | APPEARANCE FORM FILED at USCA5 by Attorney Nicolas Sansone for Amicus Curiae Truth Initiative Foundation in 23-10326, Attorney Nicolas Sansone for Amicus Curiae Public Citizen in 23-10326, Attorney Nicolas Sansone for Amicus Curiae LUNGevity Foundation in 23-10326, Attorney Nicolas Sansone for Amicus Curiae GO2 for Lung Cancer in 23-10326, Attorney Nicolas Sansone for Amicus Curiae Campaign for Tobacco-Free Kids in 23-10326, Attorney Nicolas Sansone for Amicus Curiae American Heart Association in 23-10326, Attorney Nicolas Sansone for Amicus Curiae Adult Vaccine Access Coalition in 23-10326, Attorney Nicolas Sansone for Amicus Curiae American Lung Association in 23-10326. Access to the EROA has been granted. (tle) (Entered: 05/02/2023) | |
| 05/02/2023 | APPEARANCE FORM FILED at USCA5 by Attorney Andrew John Pincus for Amicus Curiae Public Health Deans and Scholars in 23-10326, Attorney Andrew John Pincus for Amicus Curiae American Public Health Association in 23-10326. Access to the EROA has been denied. (tle) (Entered: 05/02/2023) | |
| 05/02/2023 | 131 | MISCELLANEOUS ORDER requesting additional briefing. The Court REQUESTS that Defendants provide briefing by May 9, 2023 regarding the Court’s jurisdiction over pending 121 Motion for Partial Stay of Judgment Pending Appeal. (Ordered by Judge Reed C. O’Connor on 5/2/2023) (chmb) (Entered: 05/02/2023) |
| 05/04/2023 | 132 | REPLY filed by Xavier Becerra, United States of America, Martin J Walsh, Janet L Yellen re: 131 Order, (Lynch, Christopher) (Entered: 05/04/2023) |
| 05/08/2023 | APPEARANCE FORM FILED at USCA5 by Attorney Sean Michael Marotta for Amicus Curiae Association of American Medical Colleges in 23-10326, Attorney Sean Michael Marotta for Amicus Curiae America’s Essential Hospitals in 23-10326, Attorney Sean Michael Marotta for Amicus Curiae Federation of American Hospitals in 23-10326, Attorney Sean Michael Marotta for Amicus Curiae Catholic Health Association of the United States in 23-10326, Attorney Sean Michael Marotta for Amicus Curiae American Hospital Association in 23-10326. Access to the EROA has been granted. (tle) (Entered: 05/08/2023) | |
| 05/09/2023 | APPEARANCE FORM FILED at USCA5 by Attorney Beth Bivans Petronio for Amicus Curiae WomenHeart in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae AIDS Institute in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae National Patient Advocate Foundation in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae National Multiple Sclerosis Society in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae National Minority Quality Forum in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae Leukemia and Lymphoma Society in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae Hemophilia Federation of America in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae Epilepsy Foundation in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae Cystic Fibrosis Foundation in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae Cancer Support Community in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae CancerCare in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae Arthritis Foundation in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae American Kidney Fund in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae American Cancer Society Cancer Action Network in 23-10326, Attorney Beth Bivans Petronio for Amicus Curiae American Cancer Society in 23-10326. Access to the EROA has been granted…..APPEARANCE FORM FILED at USCA5 by Attorney(s) David Willner for party(s) Amicus Curiae Federation of American Hospitals Amicus Curiae American Hospital Association Amicus Curiae Association of American Medical Colleges Amicus Curiae America’s Essential Hospitals Amicus Curiae Catholic Health Association of the United States, in case 23-10326. Access to the EROA. (tle) (Entered: 05/09/2023) | |
| 05/10/2023 | APPEARANCE FORM FILED at USCA5 by Attorney(s) Corinne Johnson for party(s) Amicus Curiae SEIU, in case 23-10326. Access to the EROA has been granted. (tle) (Entered: 05/10/2023) | |
| 05/16/2023 | APPEARANCE FORM FILED at USCA5 by Attorney(s) Barbara Chisholm for party(s) Amicus Curiae SEIU, in case 23-10326, Access to the EROA has been granted. (tle) (Entered: 05/16/2023) | |
| 05/16/2023 | 133 | UNPUBLISHED ORDER of USCA No. 23-10326 as to 115 Notice of Appeal, filed by Xavier Becerra, Martin J Walsh, Janet L Yellen, United States of America, 118 Notice of Appeal, filed by Gregory Scheideman, John Scott Kelley, Joel Miller, Kelley Orthodontics, Joel Starnes, Ashley Maxwell, Braidwood Management Inc, Zach Maxwell. IT IS ORDERED that Appellants/Cross-Appellees motion for partial stay pending appeal is CARRIED WITH THE CASE. IT IS FURTHER ORDERED that Appellants/Cross-Appellees motion for administrative stay while Court considers this motion is GRANTED. (Attachments: # 1 USCA5 Cover Letter) (tle) (Entered: 05/16/2023) |
| 06/13/2023 | 134 | ORDER of USCA No. 23-10326 as to 115 Notice of Appeal, filed by Xavier Becerra, Martin J Walsh, Janet L Yellen, United States of America, 118 Notice of Appeal, filed by Gregory Scheideman, John Scott Kelley, Joel Miller, Kelley Orthodontics, Joel Starnes, Ashley Maxwell, Braidwood Management Inc, Zach Maxwell. In light of the parties stipulation filed on June 12, 2023, the first paragraph of item 3 in the district court judgment, is STAYED pending this Courts issuance of the mandate in this appeal. (Attachments: # 1 USCA5 Cover Letter) (tle) (Entered: 06/13/2023) |
| 06/26/2023 | APPEARANCE FORM FILED at USCA5 by Attorney Richard Hughes IV for Amicus Curiae American Academy of HIV Medicine in 23-10326, Attorney Richard Hughes IV for Amicus Curiae AIDS United in 23-10326, Attorney Richard Hughes IV for Amicus Curiae AIDS Foundation of Chicago in 23-10326, Attorney Richard Hughes IV for Amicus Curiae AIDS Alabama in 23-10326, Attorney Richard Hughes IV for Amicus Curiae HIV and Hepatitis Policy Institute in 23-10326. Access to the EROA has been granted. (tle) (Entered: 06/26/2023) | |
| 06/27/2023 | APPEARANCE FORM FILED at USCA5 by Attorney(s) Jordan Ascher for party(s) Amicus Curiae Blue Cross Blue Shield Association, in case 23-10326. Access to the EROA has been granted. (tle) (Entered: 06/27/2023) | |
| 06/27/2023 | APPEARANCE FORM FILED at USCA5 by Attorney(s) Brian David Boyle for party(s) Amicus Curiae Blue Cross Blue Shield Association, in case 23-10326. Access to the EROA has been granted. (tle) (Entered: 06/27/2023) | |
| 06/28/2023 | APPEARANCE FORM FILED at USCA5 by Attorney Kenneth Lee Blalack II for Amicus Curiae Blue Cross Blue Shield Association in 23-10326. Access to the EROA has been granted. (tle) (Entered: 06/28/2023) | |
| 06/28/2023 | APPEARANCE FORM FILED at USCA5 by Attorney David Charles Frederick for Amicus Curiae Susan G. Komen Breast Cancer Foundation, Incorporated in 23-10326. Access to the EROA has been granted. (tle) (Entered: 06/28/2023) | |
| 06/28/2023 | 135 | ORDER of USCA No. 23-10326 as to 115 Notice of Appeal, filed by Xavier Becerra, Martin J Walsh, Janet L Yellen, United States of America, 118 Notice of Appeal, filed by Gregory Scheideman, John Scott Kelley, Joel Miller, Kelley Orthodontics, Joel Starnes, Ashley Maxwell, Braidwood Management Inc, Zach Maxwell. IT IS ORDERED that the unopposed motion of the United States of Care, Michigan League for Public Policy, West Virginians for Affordable Health Care, Consumers for Affordable Health Care, New Day Nevada, Young Invincibles, Shriver Center on Poverty Law, AcademyHealth, Colorado Consumer Health Initiative, Pennsylvania Health Access Network, Committee to Protect Health Care, Utah Health Policy Project, Community Catalyst, Protect Our Care, ACA Consumer Advocacy and the National Partnership for Women and Families, for leave to file an amicus brief is GRANTED. (Attachments: # 1 USCA5 Cover Letter) (tle) (Entered: 06/28/2023) |
| 06/30/2023 | 136 | APPEARANCE FORM FILED at USCA5 by Attorney(s) Claire Prestel for party(s) Amicus Curiae SEIU, in case 23-10326. Access to the EROA has been granted. (tle) (Entered: 06/30/2023) |
Last updated 04/15/2024
Reconciled with online docket 02/27/2024