Humana Inc. et al v. Becerra et al
| Texas Northern District Court | |
| Judge: | Reed C O'Connor |
| Case #: | 4:23-cv-00909 |
| Nature of Suit | 899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision |
| Cause | 05:702 Administrative Procedure Act |
| Case Filed: | Sep 01, 2023 |
| Last checked: Wednesday Feb 28, 2024 5:33 AM CST |
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Defendant
Xavier Becerra
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Represented By
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Defendant
United States Department of Health and Human Services
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Represented By
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Plaintiff
Humana Benefit Plan of Texas, Inc.
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Represented By
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Plaintiff
Humana Inc.
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Represented By
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| Docket last updated: 07/02/2024 11:59 PM CDT |
| Friday, June 21, 2024 | ||
| 38 | 38
3
pgs
order
Order on Motion for Miscellaneous Relief
Fri 06/21 11:33 AM
ORDER GRANTING JOINT MOTION REGARDING SCHEDULE FOR BRIEFINGPOTENTIAL RULE 56 MOTIONS37 : Defendants lodge the administrative record by August 23, 2024, Defendants file an answer by September 6, 2024, Plaintiffs file a motion for summary judgment by October 7, 2024, Defendants file a cross-motion for summary summary judgment and response to plaintiff's motion for summary judgment by November 22, 2024, Plaintiffs file a reply in support of their motion for summary judgment and response to -motion for summary judgment January 27, 2025, Defendants file a reply in support of their cross-motion for summary judgment February 28, 2025. (Ordered by Judge Reed C. O'Connor on 6/21/2024) (sre) |
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utility
Set/Reset Answer Deadline (Public Entry)
Fri 06/21 11:35 AM
Per38 , Answer due from Xavier Becerra on 9/6/2024; United States Department of Health and Human Services on 9/6/2024. (sre) |
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| Thursday, June 20, 2024 | ||
| 37 | 37
motion
Miscellaneous Relief
Thu 06/20 9:32 PM
MOTION / Joint Motion Regarding Schedule for Briefing Potential Rule 56 Motions filed by Humana Benefit Plan of Texas, Inc., Humana Inc. (Durst, Timothy) |
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Att: 1
Proposed Order
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| Friday, June 07, 2024 | ||
| 36 | 36
12
pgs
order
Order on Motion to Transfer Case Out of District/Division Order on Motion to Dismiss/Lack of Jurisdiction
Fri 06/07 8:45 AM
ORDER: Before the Court are Defendants' Motion to Transfer Venue or Dismiss, filed December 15, 2023 (ECF No.29 ); Plaintiffs' Response, filed February 13, 2024 (ECF No.30 ); and Defendants' Reply, filed April 5, 2024 (ECF No.35 ). For the reasons stated below, Defendants' Motion is DENIED. (Ordered by Judge Reed C. O'Connor on 6/7/2024) (sre) |
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| Friday, April 05, 2024 | ||
| 35 | 35
respm
Reply
Fri 04/05 4:35 PM
REPLY filed by Xavier Becerra, United States Department of Health and Human Services re:29 MOTION to Transfer Case out of District/Division MOTION to Dismiss for Lack of Jurisdiction (Bickford, James) |
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| Friday, March 29, 2024 | ||
| 34 | 34
1
pgs
order
Order on Motion to Extend Time to File Response/Reply
Fri 03/29 9:55 AM
ORDER granting33 Motion to Extend Time to File Reply. Replies due by 4/5/2024. (Ordered by Judge Reed C. O'Connor on 3/29/2024) (bdb) |
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| Thursday, March 28, 2024 | ||
| 33 | 33
motion
Extension of Time to File Response/Reply
Thu 03/28 10:29 AM
MOTION for Extension of Time to File Response/Reply to30 Response/Objection, filed by Xavier Becerra, United States Department of Health and Human Services (Bickford, James) |
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Att: 1
Proposed Order
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| Monday, March 11, 2024 | ||
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1
pgs
order
Order on Motion to Extend Time to File Response/Reply
Mon 03/11 2:45 PM
ORDER granting31 Motion for Extension of Time to File Reply: Replies due by 3/29/2024. (Ordered by Judge Reed C. O'Connor on 3/11/2024) (bdb) |
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| Friday, March 08, 2024 | ||
| 31 | 31
motion
Extension of Time to File Response/Reply
Fri 03/08 11:43 AM
MOTION for Extension of Time to File Response/Reply to30 Response/Objection, filed by Xavier Becerra, United States Department of Health and Human Services (Bickford, James) |
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Att: 1
Proposed Order
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| Tuesday, February 13, 2024 | ||
| 30 | 30
respm
Response/Objection
Tue 02/13 10:14 PM
RESPONSE filed by Humana Benefit Plan of Texas, Inc., Humana Inc. re:29 MOTION to Transfer Case out of District/Division MOTION to Dismiss for Lack of Jurisdiction (Durst, Timothy) |
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Att: 1
Appendix in Support of Plaintiffs' Opposition to Defendants' Motion to Transfer Venue or Dismiss
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| Friday, December 15, 2023 | ||
| 29 | 29
motion
Transfer Case Out of District/Division Dismiss/Lack of Jurisdiction
Fri 12/15 9:32 PM
MOTION to Transfer Case out of District/Division , MOTION to Dismiss for Lack of Jurisdiction () filed by Xavier Becerra, United States Department of Health and Human Services with Brief/Memorandum in Support. (Bickford, James) |
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Att: 1
Proposed Order
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| Monday, December 04, 2023 | ||
| 28 | 28
1
pgs
order
Order ~Util - Terminate Motions ~Util - Modify Hearings/Deadlines (Full List)
Mon 12/04 10:26 AM
ORDER: Upon consideration of Defendants' Unopposed Motion for Extension of Time to Respond to the Complaint, it is hereby ORDERED that the motion is granted and the following briefing schedule adopted:27 Unopposed Motion for Extension of Time to File Answer filed by United States Department of Health and Human Services, Xavier Becerra. Responsive Brief due by 2/13/2024., Reply Brief due by 3/22/2024., Responses due by 12/15/2023. (Ordered by Judge Reed C. O'Connor on 12/4/2023) (sre) |
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| Friday, December 01, 2023 | ||
| 27 | 27
motion
Extension of Time to File Answer
Fri 12/01 8:23 PM
Unopposed Motion for Extension of Time to File Answer filed by Xavier Becerra, United States Department of Health and Human Services (Bickford, James) |
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Att: 1
Proposed Order
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| Thursday, November 02, 2023 | ||
| 26 | 26
order
Order on Application for Admission Pro Hac Vice
Thu 11/02 11:58 AM
ELECTRONIC ORDER granting12 Application for Admission Pro Hac Vice of Welles, Heather. 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 11/2/2023) (chmb) |
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| 25 | 25
order
Order on Application for Admission Pro Hac Vice
Thu 11/02 11:56 AM
ELECTRONIC ORDER granting11 Application for Admission Pro Hac Vice of Sullivan, Stephen. 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 11/2/2023) (chmb) |
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| 24 | 24
order
Order on Application for Admission Pro Hac Vice
Thu 11/02 11:55 AM
ELECTRONIC ORDER granting10 Application for Admission Pro Hac Vice of Sokoler, Jennifer. 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 11/2/2023) (chmb) |
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| 23 | 23
order
Order on Application for Admission Pro Hac Vice
Thu 11/02 11:53 AM
ELECTRONIC ORDER granting9 Application for Admission Pro Hac Vice of Schneller, Jonathan. 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 11/2/2023) (chmb) |
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| 22 | 22
order
Order on Application for Admission Pro Hac Vice
Thu 11/02 11:50 AM
ELECTRONIC ORDER granting8 Application for Admission Pro Hac Vice of Deaton, David. 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 11/2/2023) (chmb) |
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| 21 | 21
order
Order on Application for Admission Pro Hac Vice
Thu 11/02 11:48 AM
ELECTRONIC ORDER granting7 Application for Admission Pro Hac Vice of Bock, Elizabeth. 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 11/2/2023) (chmb) |
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| 20 | 20
order
Order on Application for Admission Pro Hac Vice
Thu 11/02 11:47 AM
ELECTRONIC ORDER granting6 Application for Admission Pro Hac Vice of Blalack, K Lee. 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 11/2/2023) (chmb) |
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| Wednesday, October 18, 2023 | ||
| 19 | 19
1
pgs
order
Order Setting Deadline/Hearing
Wed 10/18 12:30 PM
ORDER: Responsive Brief due by 2/6/2024. Responses due by 12/8/2023. Reply brief due by 3/22/2024. (Ordered by Judge Reed C. O'Connor on 10/18/2023) (sre) |
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| Tuesday, October 17, 2023 | ||
| 18 | 18
motion
Miscellaneous Relief
Tue 10/17 3:41 PM
MOTION / Joint Motion Regarding Schedule for Responding to the Complaint and Briefing Potential Rule 12 Motions filed by Humana Benefit Plan of Texas, Inc., Humana Inc. (Durst, Timothy) |
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Att: 1
Proposed Order
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| 17 | 17
notice
Notice of Attorney Appearance
Tue 10/17 1:04 PM
NOTICE of Attorney Appearance by James Bickford on behalf of Xavier Becerra, United States Department of Health and Human Services. (Filer confirms contact info in ECF is current.) (Bickford, James) |
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| Thursday, October 12, 2023 | ||
| 16 | 16
service
Summons Returned
Thu 10/12 1:56 PM
SUMMONS Returned Executed as to United States Department of Health and Human Services ; served on 10/4/2023. (Durst, Timothy) |
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| 15 | 15
service
Summons Returned
Thu 10/12 1:48 PM
SUMMONS Returned Executed as to Xavier Becerra ; served on 10/4/2023. (Durst, Timothy) |
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| Thursday, September 21, 2023 | ||
| 14 | 14
service
Summons Returned
Thu 09/21 3:57 PM
SUMMONS Returned Executed as to Xavier Becerra ; served on 9/11/2023. (Durst, Timothy) |
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Att: 1
Proof of Service re: U.S. Attorney General,
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Att: 2
Proof of Service re: United States Department of Health and Human Services
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| 13 | 13
service
Summons Returned
Thu 09/21 3:46 PM
SUMMONS Returned Executed as to United States Department of Health and Human Services ; served on 9/11/2023. (Durst, Timothy) |
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Att: 1
Proof of Service re: U.S. Attorney General,
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Att: 2
Proof of Service re: United States Department of Health and Human Services
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| Friday, September 01, 2023 | ||
| 12 | 12
motion
Admission Pro Hac Vice
Fri 09/01 4:14 PM
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14005266) filed by Humana Benefit Plan of Texas, Inc., Humana Inc. (Welles, Heather) |
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Att: 1
Proposed Order
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| 11 | 11
motion
Admission Pro Hac Vice
Fri 09/01 4:07 PM
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14005229) filed by Humana Benefit Plan of Texas, Inc., Humana Inc. (Sullivan, Stephen) |
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Att: 1
Proposed Order
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| 10 | 10
motion
Admission Pro Hac Vice
Fri 09/01 3:57 PM
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14005175) filed by Humana Benefit Plan of Texas, Inc., Humana Inc. (Sokoler, Jennifer) |
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Att: 1
Proposed Order
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| 9 | 9
motion
Admission Pro Hac Vice
Fri 09/01 3:49 PM
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14005113) filed by Humana Benefit Plan of Texas, Inc., Humana Inc. (Schneller, Jonathan) |
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Att: 1
Proposed Order
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| 8 | 8
motion
Admission Pro Hac Vice
Fri 09/01 3:36 PM
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14005036) filed by Humana Benefit Plan of Texas, Inc., Humana Inc. (Deaton, David) |
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Att: 1
Proposed Order
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| 7 | 7
motion
Admission Pro Hac Vice
Fri 09/01 3:19 PM
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14004887) filed by Humana Benefit Plan of Texas, Inc., Humana Inc. (Bock, Elizabeth) |
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Att: 1
Proposed Order
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| 6 | 6
motion
Admission Pro Hac Vice
Fri 09/01 2:56 PM
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14004713) filed by Humana Benefit Plan of Texas, Inc., Humana Inc. (Blalack, K Lee) |
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Att: 1
Proposed Order
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| 5 | 5
service
Summons Issued
Fri 09/01 2:42 PM
Summons issued as to Xavier Becerra, United States Department of Health and Human Services, U.S. Attorney, and U.S. Attorney General. (saw) |
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| 4 | 4
misc
Request for Clerk to Issue Document
Fri 09/01 1:27 PM
Request for Clerk to issue Summons filed by Humana Benefit Plan of Texas, Inc., Humana Inc.. (Durst, Timothy) |
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Att: 1
Summons Request for Xavier Becerra - U.S. Attorney General,
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Att: 2
Summons Request for Xavier Becerra - U.S. Attorney for N.D.Texas,
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Att: 3
Summons Request for United States Department of Health and Human Services,
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Att: 4
Summons Request for United States Department of Health and Human Services - U.S. Attorney General,
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Att: 5
Summons Request for United States Department of Health and Human Services - U.S. Attorney for N.D.Texas
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| 3 | 3
misc
Certificate Of Interested Persons/Disclosure Statement
Fri 09/01 12:46 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Humana Benefit Plan of Texas, Inc., Humana Inc.. (Clerk QC note: Affiliate entry indicated). (Durst, Timothy) |
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| 2 | 2
qcref
O' Connor (FORT WORTH CASES)
Fri 09/01 10:58 AM
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. (sre) |
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44
pgs
cmp
Complaint
Fri 09/01 10:00 AM
COMPLAINT against Xavier Becerra, United States Department of Health and Human Services filed by Humana Inc., Humana Benefit Plan of Texas, Inc.. (Filing fee $402; Receipt number ATXNDC-14003234) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK:Judge Specific Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Durst, Timothy) |
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Att: 1
Cover Sheet
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