Texas Eastern District Court
Judge:Jeremy D Kernodle
Case #: 6:24-cv-00211
Nature of Suit899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision
Cause05:702 Administrative Procedure Act
Case Filed:Jun 10, 2024
Terminated:Oct 02, 2024
Last checked: Sunday Dec 08, 2024 3:36 AM CST
Amicus
State of California
State of California California Department of Justice, Attorney General's of 1515 Clay Street Suite 2000
Oakland, CA 94612
Represented By
Nimrod Pitsker Elias
Office Of The Attorney General
contact info
Defendant
Secretary Xavier Becerra
US Department of Health and Human Services 200 Independence Avenue SW
Washington, DC 20201
Represented By
Zachary Sherwood
Doj-Civ
contact info
Nimrod Pitsker Elias
Office Of The Attorney General
contact info
Defendant
Centers for Medicare and Medicaid Services
Represented By
Zachary Sherwood
Doj-Civ
contact info
Defendant
Director Melanie Fontes Rainer
Represented By
Zachary Sherwood
Doj-Civ
contact info
Defendant
United States Department of Health and Human Services
Represented By
Zachary Sherwood
Doj-Civ
contact info
Plaintiff
State Of Texas
Represented By
Ryan Daniel Walters
Office Of The Texas Attorney General
contact info
Amy Snow Hilton
Office Of The Attorney General
contact info
Ethan Quinn Szumanski
Texas Office Of The Attorney General
contact info
Garrett Mitchell Greene
Office Of The Texas Attorney General
contact info
Kathleen T. Hunker
Office Of The Texas Attorney General
contact info
Plaintiff
State of Montana
Represented By
Garrett Mitchell Greene
Office Of The Texas Attorney General
contact info
Peter Martin Torstensen, Jr
Montana Attorney General'S Office
contact info
Christian Brian Corrigan
Montana Attorney General'S Office
contact info
Kathleen T. Hunker
Office Of The Texas Attorney General
contact info


Docket last updated: 7 hours ago
Wednesday, October 02, 2024
46 46 2 pgs order Order Dismissing Case ~Util - Set/Clear Flags Wed 10/02 4:52 PM
ORDER STAYING CASE. Signed by District Judge Jeremy D. Kernodle on 10/2/2024. (gsm)
Related: [-]
Monday, September 30, 2024
45 45 motion Stay Mon 09/30 10:15 AM
JOINT MOTION to Stay Proceedings by Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services.(Sherwood, Zachary)
Related: [-]
Att: 1 Proposed Order
Wednesday, September 11, 2024
appeal USCA Notice of Docketing NOA Wed 09/11 4:12 PM
NOTICE of Docketing Notice of Appeal from USCA re43 Notice of Appeal, filed by Centers for Medicare and Medicaid Services, United States Department of Health and Human Services, Xavier Becerra, Melanie Fontes Rainer. USCA Case Number 24-40568 (gsm)
Related: [-]
Tuesday, September 03, 2024
44 44 notice Notice of Attorney Appearance Tue 09/03 11:31 AM
NOTICE of Attorney Appearance by Ryan Daniel Walters on behalf of State Of Texas (Walters, Ryan)
Related: [-]
Friday, August 30, 2024
43 43 appeal Notice of Appeal Fri 08/30 7:27 PM
NOTICE OF APPEAL as to18 Memorandum & Opinion, Terminate Motions,41 Order on Motion to Amend/Correct, Order on Motion for Reconsideration by Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services. (Sherwood, Zachary)
Related: [-]
42 42 1 pgs order Order on Motion for Extension of Time to File Fri 08/30 3:13 PM
ORDER denying as moot40 Motion for Extension of Time to File Notice of Appeal. Signed by District Judge Jeremy D. Kernodle on 8/30/2024. (esw)
Related: [-]
41 41 4 pgs order Order on Motion to Amend/Correct Order on Motion for Reconsideration Fri 08/30 1:18 PM
ORDER MODIFYING STAY and GRANTING20 Motion to Amend/Correct; granting21 Motion for Reconsideration re20 CORRECTED MOTION to Amend/Correct18 Memorandum & Opinion. Signed by District Judge Jeremy D. Kernodle on 8/30/2024. (gsm)
Related: [-]
Thursday, August 29, 2024
40 40 motion Extension of Time to File Thu 08/29 5:49 PM
UNOPPOSED MOTION for Extension of Time to File Notice of Appeal by Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services.(Sherwood, Zachary)
Related: [-]
Att: 1 Proposed Order
Monday, August 12, 2024
39 39 respm Reply to Response to Motion Mon 08/12 3:44 PM
REPLY to Response re21 MOTION for Reconsideration of Court's Grant of Motion for Stay of Agency Action (ECF No. 18) filed by Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services . (Sherwood, Zachary)
Related: [-]
Friday, August 09, 2024
38 38 1 pgs order Order on Motion for Extension of Time to Answer Fri 08/09 2:23 PM
ORDER granting37 Motion for Extension of Time to Respond to Plaintiffs' Complaint. Defendants' response is due on or before October 7, 2024. Signed by District Judge Jeremy D. Kernodle on 8/9/2024. (esw)
Related: [-]
Thursday, August 08, 2024
37 37 motion Extension of Time to File Answer Thu 08/08 4:21 PM
UNOPPOSED MOTION for Extension of Time to File Answer by Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services.(Sherwood, Zachary)
Related: [-]
Att: 1 Proposed Order
36 36 1 pgs order Order ~Util - Add and Terminate Attorneys ~Util - Terminate Motions Thu 08/08 4:09 PM
ORDER re34 UNOPPOSED MOTION to Withdraw as Attorney Amy Hilton filed by State Of Texas. Attorney Amy Snow Hilton terminated. Signed by District Judge Jeremy D. Kernodle on 8/8/2024. (esw)
Related: [-]
35 35 1 pgs order Order ~Util - Add and Terminate Attorneys ~Util - Terminate Motions Thu 08/08 4:03 PM
ORDER re33 UNOPPOSED MOTION to Withdraw as Attorney Ethan Szumanski filed by State of Texas. Attorney Ethan Quinn Szumanski terminated. Signed by District Judge Jeremy D. Kernodle on 8/8/2024. (esw)
Related: [-]
34 34 motion Withdraw as Attorney Thu 08/08 12:07 PM
UNOPPOSED MOTION to Withdraw as Attorney Amy Hilton by State Of Texas, State of Montana.(Hunker, Kathleen)
Related: [-]
Att: 1 Proposed Order
33 33 motion Withdraw as Attorney Thu 08/08 12:04 PM
UNOPPOSED MOTION to Withdraw as Attorney Ethan Szumanski by State Of Texas, State of Montana.(Hunker, Kathleen)
Related: [-]
Att: 1 Proposed Order
Tuesday, August 06, 2024
32 32 notice Notice of Attorney Appearance Tue 08/06 3:24 PM
NOTICE of Attorney Appearance by Garrett Mitchell Greene on behalf of All Plaintiffs (Greene, Garrett)
Related: [-]
Monday, August 05, 2024
31 31 respm Response in Opposition to Motion Mon 08/05 4:32 PM
RESPONSE in Opposition re21 MOTION for Reconsideration of Court's Grant of Motion for Stay of Agency Action (ECF No. 18) filed by State Of Texas, State of Montana . (Hunker, Kathleen)
Related: [-]
30 30 respm Sur-Reply to Reply to Response to Motion Mon 08/05 4:13 PM
SUR-REPLY to Reply to Response re20 CORRECTED MOTION to Amend/Correct18 Memorandum & Opinion, Terminate Motions filed by Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services . (Sherwood, Zachary)
Related: [-]
Monday, July 29, 2024
29 29 respm Reply to Response to Motion Mon 07/29 11:00 PM
CORRECTED REPLY to Response to Motion re20 CORRECTED MOTION to Amend/Correct18 Memorandum & Opinion, Terminate Motions filed by State Of Texas, State of Montana . (Hunker, Kathleen)
Related: [-]
28 28 respm Reply to Response to Motion Mon 07/29 6:41 PM
REPLY to Response to Motion re20 CORRECTED MOTION to Amend/Correct18 Memorandum & Opinion, Terminate Motions filed by State Of Texas, State of Montana . (Hunker, Kathleen)
Related: [-]
27 27 notice Notice of Attorney Appearance Mon 07/29 4:46 PM
NOTICE of Attorney Appearance by Kathleen T. Hunker on behalf of All Plaintiffs (Hunker, Kathleen)
Related: [-]
Friday, July 26, 2024
26 26 service Summons Returned Executed as to USA Fri 07/26 12:07 PM
SUMMONS Returned Executed by State Of Texas. United States Department of Health and Human Services served on 6/13/2024. (Hilton, Amy)
Related: [-]
25 25 service Summons Returned Executed as to USA Fri 07/26 12:06 PM
SUMMONS Returned Executed by State Of Texas. Melanie Fontes Rainer served on 6/13/2024. (Hilton, Amy)
Related: [-]
24 24 service Summons Returned Executed as to USA Fri 07/26 12:03 PM
SUMMONS Returned Executed by State Of Texas. Centers for Medicare and Medicaid Services served on 6/13/2024. (Hilton, Amy)
Related: [-]
23 23 service Summons Returned Executed as to USA Fri 07/26 12:02 PM
SUMMONS Returned Executed by State Of Texas. Xavier Becerra served on 6/13/2024. (Hilton, Amy)
Related: [-]
Monday, July 22, 2024
22 22 respm Response in Opposition to Motion Mon 07/22 3:45 PM
RESPONSE in Opposition re20 CORRECTED MOTION to Amend/Correct18 Memorandum & Opinion, Terminate Motions filed by Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services .(Sherwood, Zachary)
Related: [-]
Att: 1 Proposed Order
21 21 motion Reconsideration Mon 07/22 3:42 PM
MOTION for Reconsideration of Court's Grant of Motion for Stay of Agency Action (ECF No. 18) by Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services.(Sherwood, Zachary)
Related: [-]
Att: 1 Exhibit Excerpted M.D. Fla. Order,
Att: 2 Proposed Order
Monday, July 08, 2024
20 20 motion Amend/Correct Mon 07/08 7:11 PM
CORRECTED MOTION to Amend/Correct18 Memorandum & Opinion, Terminate Motions by State Of Texas, State of Montana.(Hilton, Amy)
Related: [-]
Att: 1 Proposed Order
19 19 motion Amend/Correct Mon 07/08 5:19 PM
OPPOSED MOTION to Amend/Correct18 Memorandum & Opinion, Terminate Motions by State Of Texas, State of Montana.(Hilton, Amy)
Related: [-]
Att: 1 Proposed Order
Wednesday, July 03, 2024
18 18 28 pgs order Memorandum & Opinion ~Util - Terminate Motions Wed 07/03 4:25 PM
MEMORANDUM OPINION AND ORDER granting2 Motion for Temporary Restraining Order, Motion for Preliminary Injunction filed by State of Texas and State of Montana. Signed by District Judge Jeremy D. Kernodle on 7/3/2024. (esw)
Related: [-]
Monday, July 01, 2024
17 17 respm Reply to Response to Motion Mon 07/01 11:48 PM
REPLY to Response to Motion re2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by State Of Texas, State of Montana . (Hilton, Amy)
Related: [-]
Thursday, June 27, 2024
16 16 misc Amicus Curiae Appearance Thu 06/27 5:39 PM
Amicus Curiae APPEARANCE entered by Nimrod Pitsker Elias on behalf of State of California. (Elias, Nimrod)
Related: [-]
15 15 respm Response in Opposition to Motion Thu 06/27 5:25 PM
RESPONSE in Opposition re2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services .(Sherwood, Zachary)
Related: [-]
Att: 1 Exhibit,
Att: 2 Exhibit,
Att: 3 Proposed Order
14 14 motion Leave to File Document Thu 06/27 5:18 PM
CONSENT MOTION for Leave to File Opposition in Excess of Page Limitations by Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, United States Department of Health and Human Services.(Sherwood, Zachary)
Related: [-]
Att: 1 Proposed Order
13 13 motion Leave to File Document Thu 06/27 5:01 PM
UNOPPOSED MOTION for Leave to File Amicus Brief of California and 19 Other States In Support of Defendants Opposition To Plaintiffs Motion For A Temporary Restraining Order, Preliminary Injunction, and Stay of Agency Action by State of California. (Elias, Nimrod)
Related: [-]
Tuesday, June 25, 2024
12 12 notice Notice of Attorney Appearance - Pro Hac Vice Tue 06/25 5:02 PM
NOTICE of Attorney Appearance - Pro Hac Vice by Nimrod Pitsker Elias on behalf of Xavier Becerra. Filing fee $ 100, receipt number ATXEDC-10207547. (Elias, Nimrod)
Related: [-]
Monday, June 17, 2024
11 11 notice Notice of Attorney Appearance - Pro Hac Vice Mon 06/17 4:33 PM
NOTICE of Attorney Appearance - Pro Hac Vice by Zachary Sherwood on behalf of All Defendants. (NKL)
Related: [-]
10 10 1 pgs order Order on Motion for Miscellaneous Relief Mon 06/17 10:48 AM
ORDER granting9 Joint Motion for Scheduling Order. Defendants Response toPlaintiffs Motion for Temporary Restraining Order, Preliminary Injunction, and Stay of Agency Action is due on or before June 27, 2024, and Plaintiffs Reply is due on or before July 1, 2024. Signed by District Judge Jeremy D. Kernodle on 6/17/2024. (esw)
Related: [-]
9 9 motion Miscellaneous Relief Mon 06/17 10:06 AM
JOINT MOTION re2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by State Of Texas.(Hilton, Amy)
Related: [-]
Att: 1 Proposed Order
Friday, June 14, 2024
8 8 notice Notice of Attorney Appearance Fri 06/14 3:42 PM
NOTICE of Attorney Appearance by Ethan Quinn Szumanski on behalf of State Of Texas (Szumanski, Ethan)
Related: [-]
7 7 1 pgs order Order of Recusal Fri 06/14 8:45 AM
ORDER OF RECUSAL. District Judge J. Campbell Barker recused. Case reassigned to District Judge Jeremy D. Kernodle for all further proceedings. Signed by District Judge J. Campbell Barker on 6/13/2024. (gsm)
Related: [-]
Thursday, June 13, 2024
6 6 notice Notice of Attorney Appearance - Pro Hac Vice Thu 06/13 3:27 PM
NOTICE of Attorney Appearance - Pro Hac Vice by Peter Martin Torstensen, Jr on behalf of State of Montana. Filing fee $ 100, receipt number ATXEDC-10188931. (Torstensen, Peter)
Related: [-]
5 5 notice Notice of Attorney Appearance - Pro Hac Vice Thu 06/13 3:24 PM
NOTICE of Attorney Appearance - Pro Hac Vice by Christian Brian Corrigan on behalf of State of Montana. Filing fee $ 100, receipt number ATXEDC-10188919. (Corrigan, Christian) (NKL)
Related: [-]
Att: 1 (6/13/2024) Sealed Attachment
Wednesday, June 12, 2024
4 4 4 pgs order Order Wed 06/12 2:00 PM
ORDER REGULATING PRACTICE (gsm)
Related: [-]
3 3 service Summons Issued Wed 06/12 12:17 PM
SUMMONS Issued as to Xavier Becerra, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer, and United States Department of Health and Human Services.(ndc)
Related: [-]
Att: 1 Summons,
Att: 2 Summons,
Att: 3 Summons,
Att: 4 Summons,
Att: 5 Summons,
Att: 6 Summons,
Att: 7 Summons,
Att: 8 Summons,
Att: 9 Summons,
Att: 10 Summons,
Att: 11 Summons
utility Add and Terminate Judges Wed 06/12 1:58 PM
District Judge J. Campbell Barker added. (gsm)
Related: [-]
Tuesday, June 11, 2024
2 2 motion Temporary Restraining Order Preliminary Injunction Tue 06/11 11:43 PM
MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by State Of Texas, State of Montana.(Hilton, Amy)
Related: [-]
Att: 1 Exhibit A (Declaration of Emily Zalkovsky),
Att: 2 Exhibit B (Declaration of Eric Bentley),
Att: 3 Proposed Order
Monday, June 10, 2024
1 1 cmp Complaint Mon 06/10 9:17 PM
COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ATXEDC-10182641.), filed by State Of Texas, State of Montana.(Hilton, Amy)
Related: [-]
Att: 1 Civil Cover Sheet