N.D. Tex. 7:16-cv-00108 Docket

Franciscan Alliance v. Price
Formerly Franciscan Alliance v. Burwell
No. 7:16-cv-0010, Case History  

Court: Northern District of Texas (Wichita Falls)
Assigned to: Judge Reed C. O’Connor

 

Date Filed # Docket Text
08/23/2016 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Nebraska, State of, Speciality Physicians of illinois, LLC, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Christian Medical and Dental Society, Kansas, Franciscan Alliance, Inc., Texas, State of, Wisconsin State of. (Filing fee $400; Receipt number 0539-7816698) 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 Cover Sheet, # 2 Cover Sheet Supplement, # 3 Additional Page(s) Notice of Related Case) (Nimocks, Austin) (Entered: 08/23/2016)
08/23/2016 2 New Case Notes: A filing fee has been paid. No court file needed. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ray). Clerk to provide copy to plaintiff if not received electronically. (plp) (Entered: 08/23/2016)
08/23/2016 3 Summons issued as to Sylvia Burwell, U.S. Department of Health and Human Services, U.S. Attorney, and U.S. Attorney General. (plp) (Entered: 08/23/2016)
08/26/2016 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Christian Medical and Dental Society, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC. (Nimocks, Austin) (Entered: 08/26/2016)
09/02/2016 5 SUMMONS Returned Executed as to Sylvia Burwell ; served on 8/30/2016. (Nimocks, Austin) (Entered: 09/02/2016)
09/02/2016 6 SUMMONS Returned Executed as to U.S. Department of Health and Human Services ; served on 8/30/2016. (Nimocks, Austin) (Entered: 09/02/2016)
09/16/2016 7 MOTION to Intervene filed by American Civil Liberties Union of Texas, River City Gender Alliance (Attachments: # 1 Proposed Order). Party American Civil Liberties Union of Texas added.Attorney Rebecca L Robertson added to party American Civil Liberties Union of Texas (pty:intvd), Attorney Rebecca L Robertson added to party River City Gender Alliance(pty:intvd) (Robertson, Rebecca) (Entered: 09/16/2016)
09/16/2016 8 Brief/Memorandum in Support filed by American Civil Liberties Union of Texas, River City Gender Alliance re 7 MOTION to Intervene (Robertson, Rebecca) (Entered: 09/16/2016)
09/16/2016 9 Appendix in Support filed by American Civil Liberties Union of Texas, River City Gender Alliance re 8 Brief/Memorandum in Support of Motion(Robertson, Rebecca) (Entered: 09/16/2016)
09/16/2016 10 ANSWER to 1 Complaint,,,,, filed by American Civil Liberties Union of Texas, River City Gender Alliance. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Robertson, Rebecca) (Entered: 09/16/2016)
09/16/2016 11 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by American Civil Liberties Union of Texas, River City Gender Alliance. (Robertson, Rebecca) (Entered: 09/16/2016)
10/03/2016 12 MOTION for Extension of Time to File Response/Reply to 7 MOTION to Intervene filed by Christian Medical and Dental Society, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC (Goodrich, Luke) (Entered: 10/03/2016)
10/05/2016 13 SUMMONS Returned Executed. (Nimocks, Austin) (Entered: 10/05/2016)
10/05/2016 14 SUMMONS Returned Executed. (Nimocks, Austin) (Entered: 10/05/2016)
10/05/2016 15 ORDER: It is ORDERED that counsel for the putative intervenors, James Esseks and Rebecca Robertson, file briefing explaining why they are opposed to Plaintiffs’ Motion for Extension of Time 12 on or before October 7, 2016. Should Plaintiffs find it necessary to reply, they must do so on or before October 10, 2016. (Ordered by Judge Reed C O’Connor on 10/5/2016) (skg) (Entered: 10/05/2016)
10/05/2016 16 Brief/Memorandum in Support filed by American Civil Liberties Union of Texas, River City Gender Alliance re 12 MOTION for Extension of Time to File Response/Reply to 7 MOTION to Intervene , 15 Order Setting Deadline/Hearing, (Robertson, Rebecca) (Entered: 10/05/2016)
10/06/2016 17 REPLY filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Kansas, State of Nebraska, State of Texas, State of Wisconsin re: 12 MOTION for Extension of Time to File Response/Reply to 7 MOTION to Intervene(Goodrich, Luke) (Entered: 10/06/2016)
10/07/2016 18 NOTICE of Attorney Appearance by Adam Anderson Grogg on behalf of Sylvia Burwell, U.S. Department of Health and Human Services. (Filer confirms contact info in ECF is current.) (Grogg, Adam) (Entered: 10/07/2016)
10/07/2016 19 RESPONSE filed by Sylvia Burwell, U.S. Department of Health and Human Services re: 7 MOTION to Intervene (Grogg, Adam) (Entered: 10/07/2016)
10/07/2016 20 ORDER granting 12 Motion for Extension of Time to Respond to Motion to Intervene. (Ordered by Judge Reed C O’Connor on 10/7/2016) (trt) (Entered: 10/07/2016)
10/17/2016 21 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by State of Nebraska, Specialty Physicians of Illinois, LLC, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Christian Medical and Dental Society, State of Kansas, Franciscan Alliance, Inc., State of Texas, State of Wisconsin, State of Louisiana, State of Arizona, State of Mississippi. 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. (Nimocks, Austin) (Entered: 10/17/2016)
10/21/2016 22 MOTION for Summary Judgment (Partial) filed by Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin (Attachments: # 1 Proposed Order)Attorney Austin R Nimocks added to party State of Arizona(pty:pla), Attorney Austin R Nimocks added to party State of Louisiana(pty:pla), Attorney Austin R Nimocks added to party State of Mississippi(pty:pla) (Nimocks, Austin) (Entered: 10/21/2016)
10/21/2016 23 Brief/Memorandum in Support filed by Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re 22 MOTION for Summary Judgment (Partial) (Nimocks, Austin) (Entered: 10/21/2016)
10/21/2016 24 MOTION for Summary Judgment (Partial) filed by Christian Medical and Dental Society, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC (Goodrich, Luke) (Entered: 10/21/2016)
10/21/2016 25 Brief/Memorandum in Support filed by Christian Medical and Dental Society, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC re 24 MOTION for Summary Judgment (Partial) (Goodrich, Luke) (Entered: 10/21/2016)
10/21/2016 26 Appendix in Support filed by Christian Medical and Dental Society, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC re 24 MOTION for Summary Judgment (Partial) (Goodrich, Luke) (Entered: 10/21/2016)
10/24/2016 27 MOTION to Stay BRIEFING ON PLAINTIFFS DISPOSITIVE MOTIONS AND RESET DEADLINES FOR RESPONDING TO MOTION TO INTERVENE filed by American Civil Liberties Union of Texas, River City Gender Alliance (Attachments: # 1 Proposed Order) (Robertson, Rebecca) (Entered: 10/24/2016)
10/26/2016 28 MOTION to Set Schedule for Preliminary Injunction Proceedings filed by Sylvia Burwell, U.S. Department of Health and Human Services with Brief/Memorandum in Support. (Grogg, Adam) (Entered: 10/26/2016)
10/28/2016 29 RESPONSE filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re: 27 MOTION to Stay BRIEFING ON PLAINTIFFS DISPOSITIVE MOTIONS AND RESET DEADLINES FOR RESPONDING TO MOTION TO INTERVENE (Goodrich, Luke) (Entered: 10/28/2016)
10/31/2016 30 REPLY filed by American Civil Liberties Union of Texas, River City Gender Alliance re: 27 MOTION to Stay BRIEFING ON PLAINTIFFS DISPOSITIVE MOTIONS AND RESET DEADLINES FOR RESPONDING TO MOTION TO INTERVENE (Robertson, Rebecca) (Entered: 10/31/2016)
11/01/2016 31 MOTION to Expedite Telephonic Status Conference filed by Sylvia Burwell, U.S. Department of Health and Human Services with Brief/Memorandum in Support. (Grogg, Adam) (Entered: 11/01/2016)
11/01/2016 32 ORDER granting in part and denying in part 28 Motion. See order for details. (Ordered by Judge Reed C O’Connor on 11/1/2016) (Judge Reed C O’Connor) (Entered: 11/01/2016)
11/01/2016 Hearing/Deadline Modification: Deadlines/hearings set per 32 Order on Motion for Miscellaneous Relief. Supplemental briefing due by 11/9/2016. Responses due by 11/23/2016. Replies due by 11/30/2016. (skg) (Entered: 11/02/2016)
11/02/2016 33 ORDER: Defendants’ Motion to Expedite Telephonic Status Conference 31 is GRANTED in part and DENIED in part. This motion is GRANTED in that their request for a hearing will take place at 9:00 AM on November 7, 2016. Note: the hearing will take place in the District Judge’s Courtroom, 2nd floor, 501 W. 10th Street, Fort Worth, Texas. This motion is DENIED in that the Court does not typically hold hearings by telephone. (Ordered by Judge Reed C O’Connor on 11/2/2016) (skg) (Entered: 11/02/2016)
11/02/2016 34 NOTICE of Defendants re: 33 Order Setting Deadline/Hearing, Terminate Motions,, filed by Sylvia Burwell, U.S. Department of Health and Human Services (Grogg, Adam) (Entered: 11/02/2016)
11/03/2016 35 CERTIFICATE OF SERVICE by State of Texas on U.S. Attorney, Northern District of Texas (Nimocks, Austin) (Entered: 11/03/2016)
11/03/2016 36 ORDER: Defendants have withdrawn their request for a status conference and indicate the concerns that motivated them to request a status conference have been fully resolved. Accordingly, the hearing set for November 7, 2016 is cancelled. (Ordered by Judge Reed C O’Connor on 11/3/2016) (skg) (Entered: 11/03/2016)
11/09/2016 37 Brief/Memorandum in Support filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re 22 MOTION for Summary Judgment (Partial), 24 MOTION for Summary Judgment (Partial) Supplemental Brief in support of Motions for Preliminary Injunction (Nimocks, Austin) (Entered: 11/09/2016)
11/10/2016 38 MOTION for Reconsideration filed by American Civil Liberties Union of Texas, River City Gender Alliance with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Robertson, Rebecca) (Entered: 11/10/2016)
11/15/2016 39 Consent MOTION for Leave to File Excess Pages (), Motion for Extension of Time to File Answer filed by Sylvia Burwell, U.S. Department of Health and Human Services with Brief/Memorandum in Support. (Grogg, Adam) (Entered: 11/15/2016)
11/15/2016 40 ORDER granting 39 Defendants’ Consent Motion for Expanded Page Limit for Opposition to Plaintiffs’ Preliminary Injunction Motions and for Extension of Time to Respond to the Complaint. Defendants’ answer to Plaintiffs’ operative complaint shall be due 25 days after the Court issues its ruling on Plaintiffs’ preliminary injunction motions. (Ordered by Judge Reed C O’Connor on 11/15/2016) (ewd) (Entered: 11/15/2016)
11/17/2016 41 RESPONSE filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re: 38 MOTION for Reconsideration (Nimocks, Austin) (Entered: 11/17/2016)
11/17/2016 42 NOTICE of Attorney Appearance by Emily Brooke Nestler-DOJ on behalf of Sylvia Burwell, U.S. Department of Health and Human Services. (Filer confirms contact info in ECF is current.) (Nestler-DOJ, Emily) (Entered: 11/17/2016)
11/21/2016 43 REPLY filed by American Civil Liberties Union of Texas, River City Gender Alliance re: 38 MOTION for Reconsideration (Robertson, Rebecca) (Entered: 11/21/2016)
11/21/2016 44 Unopposed MOTION for Leave to File Overlength Brief filed by American Civil Liberties Union of Texas, River City Gender Alliance (Attachments: # 1 Proposed Order) (Robertson, Rebecca) (Entered: 11/21/2016)
11/22/2016 45 ORDER: Putative Intervenors’ Unopposed Motion for Expanding Page Limit for Amici Curiae Brief in Opposition to Plaintiffs’ Motions for Preliminary Injunction 44 should be and is hereby GRANTED. (Ordered by Judge Reed C O’Connor on 11/22/2016) (skg) (Entered: 11/22/2016)
11/22/2016 46 NOTICE of Attorney Appearance by Bailey Wilson Heaps-DOJ on behalf of Sylvia Burwell, U.S. Department of Health and Human Services. (Filer confirms contact info in ECF is current.) (Heaps-DOJ, Bailey) (Entered: 11/22/2016)
11/22/2016 47 NOTICE of Attorney Appearance by Brian Matthew Hauss on behalf of American Civil Liberties Union of Texas, River City Gender Alliance. (Filer confirms contact info in ECF is current.) (Hauss, Brian) (Entered: 11/22/2016)
11/22/2016 48 NOTICE of Attorney Appearance by Brigitte Adrienne Amiri on behalf of American Civil Liberties Union of Texas, River City Gender Alliance. (Filer confirms contact info in ECF is current.) (Amiri, Brigitte) (Entered: 11/22/2016)
11/22/2016 49 NOTICE of Attorney Appearance by Louise Melling on behalf of American Civil Liberties Union of Texas, River City Gender Alliance. (Filer confirms contact info in ECF is current.) (Melling, Louise) (Entered: 11/22/2016)
11/23/2016 50 RESPONSE filed by Sylvia Burwell, U.S. Department of Health and Human Services re: 22 MOTION for Summary Judgment (Partial), 24 MOTION for Summary Judgment (Partial) (Grogg, Adam) (Entered: 11/23/2016)
11/23/2016 51 NOTICE of Attorney Appearance by James Esseks on behalf of American Civil Liberties Union of Texas, River City Gender Alliance. (Filer confirms contact info in ECF is current.) (Esseks, James) (Entered: 11/23/2016)
11/23/2016 52 NOTICE of Attorney Appearance by Joshua Block on behalf of American Civil Liberties Union of Texas, River City Gender Alliance. (Filer confirms contact info in ECF is current.) (Block, Joshua) (Entered: 11/23/2016)
11/23/2016 53 RESPONSE filed by American Civil Liberties Union of Texas, River City Gender Alliance re: 22 MOTION for Summary Judgment (Partial), 24 MOTION for Summary Judgment (Partial) (Hauss, Brian) (Entered: 11/23/2016)
11/28/2016 54 Consent MOTION for Leave to File Excess Pages, MOTION for Extension of Time to File Response/Reply to 50 Response/Objection () filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin (Goodrich, Luke) (Entered: 11/28/2016)
11/29/2016 55 ORDER: GRANTING Plaintiffs’ Consent Motion for Expanded Page Limit and Extension of Time to File Replies in Support of Preliminary Injunction 54 , filed November 28, 2016. Plaintiffs request (1) extension of the deadline to file replies in support of preliminary injunction; (2) leave to file reply briefs that exceed the Courts 10-page limit. Accordingly, Plaintiffs reply briefs may exceed the 10-page limit and shall be due December 2, 2016. (Ordered by Judge Reed C O’Connor on 11/29/2016) (skg) (Entered: 11/29/2016)
12/02/2016 56 REPLY filed by Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re: 22 MOTION for Summary Judgment (Partial) (Attachments: # 1 Declaration(s) in support of State Plaintiffs’ Reply Brief) (Nimocks, Austin) (Entered: 12/02/2016)
12/02/2016 57 REPLY filed by Christian Medical and Dental Society, Franciscan Alliance, Inc. re: 24 MOTION for Summary Judgment (Partial) (Attachments: # 1 Declaration(s)) (Goodrich, Luke) (Entered: 12/02/2016)
12/06/2016 58 ORDER: The Court sets Plaintiffs’ Motions for Preliminary Injunction 22 AND 24 for hearing at 9:00 a.m. on December 20, 2016. The hearing will convene in the District Judges Courtroom, 2nd floor, 1000 Lamar Street, Wichita Falls, Texas. (Ordered by Judge Reed C O’Connor on 12/6/2016) (skg) (Entered: 12/06/2016)
12/15/2016 59 NOTICE of Attorney Appearance by Mark Rienzi on behalf of Christian Medical and Dental Society, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC. (Filer confirms contact info in ECF is current.) (Rienzi, Mark) (Entered: 12/15/2016
 12/19/2016 60 NOTICE of Filing Evidence in Support re: 56 Reply, 22 MOTION for Summary Judgment (Partial) filed by Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin (Nimocks, Austin) (Entered: 12/19/2016)
12/22/2016 61 ELECTRONIC Minute Entry for proceedings held before Judge Reed C O’Connor: Evidentiary Hearing held on 12/20/2016. Attorney Appearances: Plaintiff – Mark Rienzi, Austin R Nimocks; Defense – Adam Anderson Grogg. (Court Reporter: Denver Roden) (No exhibits) Time in Court – 3:10. (chmb) (Entered: 12/22/2016)
12/31/2016 62 ORDER granting injunction and not reaching Motions for Summary Judgment. (Ordered by Judge Reed C O’Connor on 12/31/2016) (Judge Reed C O’Connor) (Entered: 12/31/2016)
01/09/2017 63 MOTION to Stay Preliminary Injunction filed by American Civil Liberties Union of Texas, River City Gender Alliance (Hauss, Brian) (Entered: 01/09/2017)
01/09/2017 64 ORDER Expediting Briefing on 63 Motion to Stay (Ordered by Judge Reed C. O’Connor on 1/9/2017) (chmb) (Entered: 01/09/2017)
01/09/2017 Hearing/Deadline Modification: Deadlines/hearings set per 64 Order on Motion to Stay. Responses due by 1/17/2017. Replies due by 1/20/2017. (skg) (Entered: 01/10/2017)
01/17/2017 65 RESPONSE filed by Sylvia Burwell, U.S. Department of Health and Human Services re: 63 MOTION to Stay Preliminary Injunction (Grogg, Adam) (Entered: 01/17/2017)
01/17/2017 66 Motion for Extension of Time to File Answer filed by Sylvia Burwell, U.S. Department of Health and Human Services with Brief/Memorandum in Support. (Grogg, Adam) (Entered: 01/17/2017)
01/17/2017 67 RESPONSE filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re: 63 MOTION to Stay Preliminary Injunction (Nimocks, Austin) (Entered: 01/17/2017)
01/19/2017 68 REPLY filed by American Civil Liberties Union of Texas, River City Gender Alliance re: 63 MOTION to Stay Preliminary Injunction (Hauss, Brian) (Entered: 01/19/2017)
01/24/2017 69 ORDER granting in part and denying in part 63 Motion for Ruling and Stay; and granting 66 Motion for Extension. Defendants’ answer to Plaintiffs’ operative complaint shall be due on or before March 1, 2017. Plaintiffs and Defendants must file a response to Putative Intervenors’ request for permissive intervention on or before February 8, 2017. See order for details. (Ordered by Judge Reed C. O’Connor on 1/24/2017) (chmb) (aba) (Entered: 01/24/2017)
01/30/2017 70 NOTICE of Attorney Appearance by Daniel Irwin Mach on behalf of American Civil Liberties Union of Texas, River City Gender Alliance. (Filer confirms contact info in ECF is current.) (Mach, Daniel) (Entered: 01/30/2017)
01/30/2017 71 NOTICE OF INTERLOCUTORY APPEAL as to 62 Order on Motion for Summary Judgment to the Fifth Circuit by American Civil Liberties Union of Texas, River City Gender Alliance. Filing fee $505, receipt number 0539-8170756. 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. (Hauss, Brian) (Entered: 01/30/2017)
02/02/2017 72 NOTICE OF INTERLOCUTORY APPEAL as to 69 Order on Motion to Stay, to the Fifth Circuit by American Civil Liberties Union of Texas, River City Gender Alliance. Filing fee $505, receipt number 0539-8180447. 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. (Hauss, Brian) (Entered: 02/02/2017)
02/08/2017 73 RESPONSE filed by Sylvia Burwell, U.S. Department of Health and Human Services re: 69 Order on Motion to Stay, (Grogg, Adam) (Entered: 02/08/2017)
02/08/2017 74 RESPONSE filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re: 69 Order on Motion to Stay, (Goodrich, Luke) (Entered: 02/08/2017)
02/09/2017 USCA Case Number 17-10135 in USCA5 for 71 Notice of Appeal filed by River City Gender Alliance, American Civil Liberties Union of Texas. (skg) (Entered: 02/09/2017)
02/13/2017 75 NOTICE of Attorney Appearance by Stephanie Hall Barclay on behalf of Christian Medical and Dental Society, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC. (Filer confirms contact info in ECF is current.) (Barclay, Stephanie) (Entered: 02/13/2017)
02/14/2017 Record on Appeal for USCA5 17-10135 (related to 71 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified,.
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, since the USCA5 briefing deadline has now been set. 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. EROA Access granted to Attorney Brigitte Adrienne Amiri for Appellant River City Gender Alliance. (skg) (Entered: 02/14/2017)
02/15/2017 76 REPLY filed by American Civil Liberties Union of Texas re: 7 MOTION to Intervene(Hauss, Brian) (Entered: 02/15/2017)
02/16/2017 Re: USCA5 17-10135 APPEARANCE FORM FILED by Attorney(s): Scott A. Keller for party(s) Appellee State of Arizona Appellee State of Kansas Appellee Commonwealth of Kentucky Appellee State of Wisconsin Appellee State of Texas Appellee State of Louisiana Appellee State of Nebraska Appellee State of Mississippi, in case 17-10135 EROA access granted; APPEARANCE FORM FILED by Attorney: Luke William Goodrich for Appellee Specialty Physicians of Illinois, L.L.C. in 17-10135, Attorney Luke William Goodrich for Appellee Christian Medical and Dental Society in 17-10135, Attorney Luke William Goodrich for Appellee Franciscan Alliance, Incorporated in 17-10135 EROA access granted; APPEARANCE FORM FILED by Attorney: Stephanie Hall Barclay for party(s) Appellee Christian Medical and Dental Society Appellee Specialty Physicians of Illinois, L.L.C. Appellee Franciscan Alliance, Incorporated, in case 17-10135 EROA access granted. (skg) (Entered: 02/16/2017)
02/22/2017 77 NOTICE of Attorney Appearance by Amy Anne Miller on behalf of American Civil Liberties Union of Texas, River City Gender Alliance. (Filer confirms contact info in ECF is current.) (Miller, Amy) (Entered: 02/22/2017)
02/24/2017 78 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to the Complaint filed by Sylvia Burwell, U.S. Department of Health and Human Services (Attachments: # 1 Proposed Order) (Nestler-DOJ, Emily) (Entered: 02/24/2017)
02/27/2017 79 ORDER granting 78 Motion for Extension of Time to File Answer Sylvia Burwell answer due 5/2/2017; U.S. Department of Health and Human Services answer due 5/2/2017. (Ordered by Judge Reed C. O’Connor on 2/27/2017) (chmb) (aba) (Entered: 02/27/2017)
02/28/2017 ***Clerk’s Notice of delivery: (see NEF for details) Docket No:79. Tue Feb 28 12:36:34 CST 2017 (crt) (Entered: 02/28/2017)
03/07/2017 80 APPEARANCE FORM FILED by Attorney(s) Heather Gebelin Hacker for party(s) Appellee State of Arizona Appellee State of Kansas Appellee Commonwealth of Kentucky Appellee State of Wisconsin Appellee State of Texas Appellee State of Louisiana Appellee State of Nebraska Appellee State of Mississippi, in USCA5 case 17-10135. EROA access granted. (skg) (Entered: 03/07/2017)
03/14/2017 81 NOTICE of Dismissal Without Prejudice of Counts III-X and XIII-XX filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin (Nimocks, Austin) (Entered: 03/14/2017)
03/14/2017 82 MOTION for Summary Judgment filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin (Attachments: # 1 Proposed Order [Proposed] Order Granting Plaintiffs’ Motion for Summary Judgment, # 2 Proposed Order [Proposed] Final Judgment and Permanent Injunction) (Nimocks, Austin) (Entered: 03/14/2017)
03/14/2017 83 Brief/Memorandum in Support filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re 82 MOTION for Summary Judgment (Nimocks, Austin) (Entered: 03/14/2017)
03/14/2017 84 Appendix in Support filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re 82 MOTION for Summary Judgment (Nimocks, Austin) (Entered: 03/14/2017)
03/27/2017 85 MOTION to Stay Pending Appeal filed by American Civil Liberties Union of Texas, River City Gender Alliance (Block, Joshua) (Entered: 03/27/2017)
04/04/2017 86 MOTION for Extension of Time to File Response/Reply to 82 MOTION for Summary Judgment filed by Sylvia Burwell, U.S. Department of Health and Human Services (Grogg, Adam) (Entered: 04/04/2017)
04/04/2017 87 RESPONSE filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re: 86 MOTION for Extension of Time to File Response/Reply to 82 MOTION for Summary Judgment (Goodrich, Luke) (Entered: 04/04/2017)
04/05/2017 88 ORDER: Defendants’ Motion for Extension of Time 86 to Respond to Plaintiffs’ Motion for Summary Judgment is GRANTED. Accordingly, Defendants must file a Response to 82 Plaintiffs’ Motion for Summary Judgment on or before May 2, 2017. (Ordered by Judge Reed C. O’Connor on 4/5/2017) (skg) (Entered: 04/05/2017)
04/05/2017 ***Clerk’s Notice of delivery: (see NEF for details) Docket No:88. Wed Apr 5 12:10:12 CDT 2017 (crt) (Entered: 04/05/2017)
04/05/2017 89 RESPONSE filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re: 85 MOTION to Stay Pending Appeal (Goodrich, Luke) (Entered: 04/05/2017)
04/10/2017 90 REPLY filed by American Civil Liberties Union of Texas, River City Gender Alliance re: 85 MOTION to Stay Pending Appeal (Block, Joshua) (Entered: 04/10/2017)
04/26/2017 91 NOTICE OF APPEARANCE FORM FILED by Attorney Joshua A. Block for Appellant River City Gender Alliance in 17-10135, Attorney Joshua A. Block for Appellant American Civil Liberties Union of Texas in USCA5 (17-10135) EROA access granted. (skg) (Entered: 04/26/2017)
05/02/2017 92 MOTION to Remand to United States Department of Health and Human Services , MOTION to Stay () filed by Sylvia Burwell, U.S. Department of Health and Human Services with Brief/Memorandum in Support. (Grogg, Adam) (Entered: 05/02/2017)
05/02/2017 93 Motion for Extension of Time to File Answer (), MOTION for Extension of Time to File Response/Reply to 82 MOTION for Summary Judgment , 21 Amended Complaint,,, filed by Sylvia Burwell, U.S. Department of Health and Human Services with Brief/Memorandum in Support. (Grogg, Adam) (Entered: 05/02/2017)
05/04/2017 94 RESPONSE AND OBJECTION filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re: 93 Motion for Extension of Time to File Answer MOTION for Extension of Time to File Response/Reply to 82 MOTION for Summary Judgment , 21 Amended Complaint,,,, 92 MOTION to Remand to United States Department of Health and Human Services MOTION to Stay (Nimocks, Austin) (Entered: 05/04/2017)
05/18/2017 95 REPLY filed by Sylvia Burwell, U.S. Department of Health and Human Services re: 92 MOTION to Remand to United States Department of Health and Human Services MOTION to Stay (Grogg, Adam) (Entered: 05/18/2017)
06/01/2017 96 MOTION to Withdraw as Attorney filed by American Civil Liberties Union of Texas, River City Gender Alliance (Robertson, Rebecca) (Entered: 06/01/2017)
06/01/2017 97 Amended MOTION to Withdraw as Attorney filed by American Civil Liberties Union of Texas, River City Gender Alliance (Robertson, Rebecca) (Entered: 06/01/2017)
06/02/2017 98 ORDER granting 97 Amended Motion to Withdraw as Counsel for Intervenors. Attorney Rebecca L Robertson terminated. (Ordered by Judge Reed C. O’Connor on 6/2/2017) (baa) (Entered: 06/02/2017)
06/02/2017 ***Clerk’s Notice of delivery: (see NEF for details) Docket No:98. Fri Jun 2 16:09:55 CDT 2017 (crt) (Entered: 06/02/2017)
06/08/2017 99 NOTICE of Attorney Appearance by Kali Alanna Cohn on behalf of American Civil Liberties Union of Texas, River City Gender Alliance. (Filer confirms contact info in ECF is current.) (Cohn, Kali) (Entered: 06/08/2017)
06/08/2017 100 Received letter from USCA5 (17-10135): LETTER OF ADVISEMENT. Reason: sent to Distrct Court inquiring about the estimated timeframe for their ruling on the putative-intervenors’ motion for permissive intervention. (skg) (Entered: 06/08/2017)
06/13/2017 101 ORDER: The Court sets Putative Intervenors’ Motion for Stay of Proceedings Pending Appeal (ECF No. 85 ) and Defendants’ Motion for Voluntary Remand and Stay (ECF No. 92 ) for hearing on June 26, 2017 at 2:00 pm. Note, the hearing will convene in the United States District Judge’s Second Floor Courtroom, 501 West 10th Street, Fort Worth, Texas. Counsel for Putative Intervenors, Defendants, Private Plaintiffs, and State Plaintiffs should appear and be prepared to discuss all issues related to any pending motions, including Putative Intervenors’ Motion to Intervene (ECF No. 7 ). (Ordered by Judge Reed C. O’Connor on 6/13/2017) (skg) (Entered: 06/13/2017)
06/13/2017 ***Clerk’s Notice of delivery: (see NEF for details) Docket No:101. Tue Jun 13 15:03:43 CDT 2017 (crt) (Entered: 06/13/2017)
06/26/2017 102 NOTICE of Attorney Appearance by Alexander Haas on behalf of Thomas E. Price, M.D., U.S. Department of Health and Human Services. (Filer confirms contact info in ECF is current.) (Haas, Alexander) (Entered: 06/26/2017)
06/26/2017 103 ELECTRONIC Minute Entry for proceedings held before Judge Reed C. O’Connor: Motion Hearing held on 6/26/2017 re 85 Motion to Stay filed by River City Gender Alliance, American Civil Liberties Union of Texas. Attorney Appearances: Plaintiff – Mark Rienzi, Luke Goodrich, Austin Nimocks; Defense – Alexander Haas, Adam Grogg, Briam Hauss, Joshua Block, Kali Cohn. (Court Reporter: Denver Roden) (No exhibits) Time in Court – 1:25. (chmb) (Entered: 06/26/2017)
06/30/2017 104 JUDGMENT/MANDATE of USCA (17-10135) as to 72 Notice of Appeal filed by River City Gender Alliance, American Civil Liberties Union of Texas. IT IS ORDERED that appellees’ motion to dismiss appellants’ appeal from the denial of intervention as of right is GRANTED. IT IS FURTHER ORDERED that because appellants have not been granted intervention and are not parties to this case, we lack jurisdiction to adjudicate the merits of the protective appeal from the preliminary injunction order. Accordingly, appellants’ motion for a stay of the preliminary injunction order pending appeal is DENIED without prejudice to appellants reasserting the motion if they become parties to the case. Issued as Mandate: 6/30/2017. See Order for further specifics. (Attachments: # 1 USCA5 cover letter) (skg) (Entered: 06/30/2017)
07/10/2017 105 ORDER: For the foregoing reasons, the Court finds that Defendants’ Motion for Voluntary Remand and Stay (ECF No. 92 ) should be and is hereby GRANTED in part. Accordingly, the case is hereby STAYED until further order of the Court and all pending motions are held in abeyance. Defendants are hereby ORDERED to file a status report on or before August 4, 2017, identifying any rulemaking proceedings initiated with respect to the challenged Rule. The Court expressly RETAINS jurisdiction over Plaintiffs’ asserted claims and will maintain a supervisory role until the stay is lifted by requiring periodic status reports from the existing parties. Further, the Court CLARIFIES that the December 31, 2016 Preliminary Injunction Order (ECF No. 62 ) is unaffected by this Order and remains in full force and effect throughout the duration of the stay until further order of the Court. (Ordered by Judge Reed C. O’Connor on 7/10/2017) (skg) (Entered: 07/10/2017)
07/10/2017 ***Clerk’s Notice of delivery: (see NEF for details) Docket No:105. Mon Jul 10 13:25:43 CDT 2017 (crt) (Entered: 07/10/2017)
08/04/2017 106 STATUS REPORT filed by Thomas E. Price, M.D., U.S. Department of Health and Human Services. (Haas, Alexander) (Entered: 08/04/2017)
08/16/2017 107 Notice of Substitution of Counsel by AUSA. (Grogg, Adam) (Entered: 08/16/2017)
08/16/2017 108 ORDER: Pursuant to the Court’s July 10, 2017 Order, Defendants filed a Status Report (ECF No. 106 ) on August 4, 2017, indicating “a draft of a proposed rule is going through the clearance process within the Executive Branch.” Status Report 1, ECF No. 106 . In order for the Court to continue monitoring any and all “rulemaking proceedings initiated with respect to the challenged Rule” the Court hereby ORDERS Defendants to file a Status Report with updates on the rulemaking proceedings on or before October 16, 2017, and every 60 days thereafter. (Ordered by Judge Reed C. O’Connor on 8/16/2017) (skg) (Entered: 08/16/2017)
08/16/2017 ***Clerk’s Notice of delivery: (see NEF for details) Docket No:108. Wed Aug 16 11:44:05 CDT 2017 (crt) (Entered: 08/16/2017)

 

Last updated 08/19/2017