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American College of Pediatricians v. Becerra

6th Cir. · 1:21-cv-00195 · 2021 · CourtListener
Cite as Am. Coll. of Pediatricians v. Becerra, No. 1:21-cv-00195 (E.D. Tenn. filed Aug. 26, 2021)

Docket

No. 1:21-cv-00195
Assigned to
Travis R McDonough
Referred to
Susan K Lee
Cause
05:702 Administrative Procedure Act
Nature of suit
899 Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Jurisdiction
U.S. Government Defendant
Jury demand
Plaintiff
Date filed
2021-08-26
Last filing
2024-08-20
Terminated
2022-11-18
No. 23-5053
Nature of suit
2899 Admin Proc Act/Review
Date filed
2023-01-19
Last filing
2024-08-19
Terminated
2024-06-27

Proceedings

79 docket entries · 25 documents
Am. Coll. of Pediatricians v. Becerra, No. 1:21-cv-00195 (E.D. Tenn. filed Aug. 26, 2021)
46 docket entries · 19 documents
Am. Coll of Pediatricians v. Becerra, No. 23-5053 (6th Cir. filed Jan. 19, 2023)

Recent docket activity

From the case's dockets as the archive holds them; each docket page lists every entry.
Show 1 more

Timeline

  • 2021-08-26 Filed: E.D. Tenn., No. 1:21-cv-00195
  • 2022-11-18 Closed: E.D. Tenn., No. 1:21-cv-00195
  • 2023-01-19 Filed: 6th Cir., No. 23-5053
  • 2024-06-27 Closed: 6th Cir., No. 23-5053

Filings on file (44 in 41 docket entries)

Filings on file
DateNo.DocumentTypePagesSource
2021-08-26 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ATNEDC-4826494.), filed by American College of Pediatricians, Jeanie Dassow, Catholic Medical Association. (Attachments: # 1 Other Civil Cover Sheet, # 2 Summons for Xavier Becerra, # 3 Summons for United States Department of Health and Human Services, # 4 Summons for Robinsue Frohboese, # 5 Summons for Office for Civil Rights of the U.S. Department of Health and Human Services, # 6 Other Corporate Disclosure Statement of American College of Pediatricians, # 7 Other Corporate Disclosure Statement of Catholic Medical Association)(Scruggs, Jonathan) (Entered: 08/26/2021) Complaint 81 PDF CL
2021-08-31 7 Order Governing Motions To Dismiss, Signed by District Judge Katherine A Crytzer on 8/31/2021. (BJL) (Entered: 08/31/2021) Order Governing Motions To Dismiss 1 PDF CL
2021-09-13 11 ORDER OF RECUSAL.Signed by District Judge Katherine A Crytzer on 9/13/21. (ABF) Modified on 9/14/2021 (BJL). Copy sent via email to Chief Judge McDonough's Chambers. (Entered: 09/13/2021) Order of Recusal 1 PDF CL
2021-09-14 12 ORDER REASSIGNING CASE. District Judge Katherine A Crytzer no longer assigned to case. Case reassigned to District Judge Thomas A Varlan for all further proceedings. Signed by District Judge Travis R McDonough on 9/14/2021. (BJL) Modified on 9/14/2021 (BJL).*Mailed to Attorneys Julie M. Blake and Ryan L Bangert. (Entered: 09/14/2021) Order Reassigning Case 1 PDF CL
2021-11-10 15 AMENDED COMPLAINT by American College of Pediatricians, Catholic Medical Association, Jeanie Dassow, MD. . (Attachments: # 1 Exhibit 1 - Declaration of Dr. Van Meter, # 2 Exhibit 2 - Declaration of Mr. Dickerson, # 3 Exhibit 3 - Declaration of Dr. Dassow, # 4 Summons for Xavier Becerra, # 5 Summons for Merrick Garland, # 6 Summons for Francis Hamilton, # 7 Summons for Office for Civil Rights, # 8 Summons for Lisa Pino, # 9 Summons for Department of HHS)(Scruggs, Jonathan) Modified Docket Text on 11/12/2021 (BJL). (Entered: 11/10/2021) Amended Document 85 PDF CL
15-3 AMENDED COMPLAINT by American College of Pediatricians, Catholic Medical Association, Jeanie Dassow, MD. . (Attachments: # 1 Exhibit 1 - Declaration of Dr. Van Meter, # 2 Exhibit 2 - Declaration of Mr. Dickerson, # 3 Exhibit 3 - Declaration of Dr. Dassow, # 4 Summons for Xavier Becerra, # 5 Summons for Merrick Garland, # 6 Summons for Francis Hamilton, # 7 Summons for Office for Civil Rights, # 8 Summons for Lisa Pino, # 9 Summons for Department of HHS)(Scruggs, Jonathan) Modified Docket Text on 11/12/2021 (BJL). (Entered: 11/10/2021) Exhibit 3 - Declaration of Dr. Dassow 12 PDF CL
2022-01-07 25 NOTICE of Appearance by Jordan Von Bokern on behalf of All Defendants (Von Bokern, Jordan) (Entered: 01/07/2022) Notice of Appearance 2 PDF CL
2022-01-07 27 MOTION for Summary Judgment (Partial Summary Judgment) by American College of Pediatricians, Catholic Medical Association, Jeanie Dassow, MD. (Attachments: # 1 Brief in Support of Motion for Partial Summary Judgment)(Bowman, Matthew) (Entered: 01/07/2022) Motion for Summary Judgment 4 PDF CL
2022-01-14 28 MOTION to Stay or Deny as Premature Plaintiffs' Early Motion for Summary Judgment by Xavier Becerra, Office for Civil Rights of the U.S. Department of Health and Human Services, Lisa J. Pino, United States Department of Health and Human Services. (Attachments: # 1 Other Memorandum in Support, # 2 Exhibit 1 - Motion to Dismiss, Neese v. Becerra, # 3 Exhibit 2 - Opposition to Preliminary Injunction, Christian Employers Alliance v. EEOC et al.)(Von Bokern, Jordan) (Entered: 01/14/2022) Motion to Stay 2 PDF CL
2022-01-18 32 MEMORANDUM in Support of Motion re 28 MOTION to Stay or Deny as Premature Plaintiffs' Early Motion for Summary Judgment filed by Xavier Becerra, Office for Civil Rights of the U.S. Department of Health and Human Services, Lisa J. Pino, United States Department of Health and Human Services. (Attachments: # 1 Exhibit 1 - Motion to Dismiss, Neese v. Becerra, # 2 Exhibit 2 - Opposition to Preliminary Injunction)(Von Bokern, Jordan) (Entered: 01/18/2022) Memorandum in Support of Motion 10 PDF CL
32-1 MEMORANDUM in Support of Motion re 28 MOTION to Stay or Deny as Premature Plaintiffs' Early Motion for Summary Judgment filed by Xavier Becerra, Office for Civil Rights of the U.S. Department of Health and Human Services, Lisa J. Pino, United States Department of Health and Human Services. (Attachments: # 1 Exhibit 1 - Motion to Dismiss, Neese v. Becerra, # 2 Exhibit 2 - Opposition to Preliminary Injunction)(Von Bokern, Jordan) (Entered: 01/18/2022) Exhibit 1 - Motion to Dismiss, Neese v. Becerra 40 PDF CL
32-2 MEMORANDUM in Support of Motion re 28 MOTION to Stay or Deny as Premature Plaintiffs' Early Motion for Summary Judgment filed by Xavier Becerra, Office for Civil Rights of the U.S. Department of Health and Human Services, Lisa J. Pino, United States Department of Health and Human Services. (Attachments: # 1 Exhibit 1 - Motion to Dismiss, Neese v. Becerra, # 2 Exhibit 2 - Opposition to Preliminary Injunction)(Von Bokern, Jordan) (Entered: 01/18/2022) Exhibit 2 - Opposition to Preliminary Injunction 70 PDF CL
2022-01-21 35 RESPONSE in Opposition re 28 MOTION to Stay or Deny as Premature Plaintiffs' Early Motion for Summary Judgment filed by American College of Pediatricians, Catholic Medical Association, Jeanie Dassow, MD. (Bowman, Matthew) (Entered: 01/21/2022) Response in Opposition to Motion 11 PDF CL
2022-04-20 37 VACATED pursuant to 46 ORDER SCHEDULING ORDER: Jury Trial set for 6/27/2023 09:00 AM in Courtroom 4 - Knoxville before District Judge Thomas A Varlan. Final Pretrial Conference set for 6/20/2023 02:00 PM in Courtroom 4 - Knoxville before District Judge Thomas A Varlan. Signed by District Judge Thomas A Varlan on 4/20/22. (JBR) Modified on 7/6/2022 (BJL). (Entered: 04/20/2022) Scheduling Order 9 PDF CL
2022-06-24 43 ORDER OF RECUSAL.Signed by District Judge Thomas A. Varlan on 6/24/22. (ADA) (Entered: 06/24/2022) Order of Recusal 1 PDF CL
2022-07-19 50 SCHEDULING ORDER: Oral Argument set for 10/7/2022 09:00 AM in Courtroom 3 - Chattanooga before District Judge Travis R McDonough. Dispositive Motion Hearing (if the Court deems necessary) set for 4/24/2023 09:00 AM in Courtroom 3 - Chattanooga before District Judge Travis R McDonough.Signed by District Judge Travis R McDonough on 7/19/2022. (BJL) Modified on 9/13/2022 to correct oral argument date (BJL). (Entered: 07/19/2022) Scheduling Order 3 PDF CL
2022-07-19 51 MOTION to Dismiss for Lack of Jurisdiction First Amended Complaint by Xavier Becerra, Office for Civil Rights of the U.S. Department of Health and Human Services, Lisa J. Pino, United States Department of Health and Human Services. (Newman, Jeremy) (Entered: 07/19/2022) Motion to Dismiss/Lack of Jurisdiction 2 PDF CL
2022-07-19 52 MEMORANDUM in Support of Motion re 51 MOTION to Dismiss for Lack of Jurisdiction First Amended Complaint filed by Xavier Becerra, Office for Civil Rights of the U.S. Department of Health and Human Services, Lisa J. Pino, United States Department of Health and Human Services. (Newman, Jeremy) (Entered: 07/19/2022) Memorandum in Support of Motion 38 PDF CL
2022-08-18 55 RESPONSE in Opposition re 51 MOTION to Dismiss for Lack of Jurisdiction First Amended Complaint filed by American College of Pediatricians, Catholic Medical Association, Jeanie Dassow, MD. (Bowman, Matthew) (Entered: 08/18/2022) Response in Opposition to Motion 39 PDF CL
2022-08-27 56 NOTICE by American College of Pediatricians, Catholic Medical Association, Jeanie Dassow, MD re 51 MOTION to Dismiss for Lack of Jurisdiction First Amended Complaint, notice of supplemental authority (Bowman, Matthew) (Entered: 08/27/2022) Notice (Other) 2 PDF CL
2022-10-03 58 ORDER: The Court FINDS oral argument on Defendants' motion 51 to be unnecessary. Therefore, the hearing set for October 7, 2022, at 9:00 a.m. is hereby CANCELLED. Signed by District Judge Travis R McDonough on 10/3/2022. (AWS) (Entered: 10/03/2022) Order 1 PDF CL
2022-11-14 59 Unopposed MOTION to Amend/Revise 50 Scheduling Order, by Xavier Becerra, Office for Civil Rights of the U.S. Department of Health and Human Services, Lisa J. Pino, United States Department of Health and Human Services. (Newman, Jeremy) (Entered: 11/14/2022) Motion to Amend/Revise 3 PDF CL
2022-11-18 61 MEMORANDUM OPINION: the Court GRANTS Defendants' motion to dismiss (Doc. 52 ). Plaintiffs' claims are DISMISSED WITHOUT PREJUDICE. AN APPROPRIATE JUDGMENT SHALL ENTER.Signed by District Judge Travis R McDonough on 11/18/2022. (BJL) Memorandum & Opinion 41 PDF CL
2022-11-18 62 ORDER re 61 Memorandum Opinion: Consistent with the contemporaneously filed memorandum opinion, Defendants' motion to dismiss (Doc. 51 ) is GRANTED, and this action is DISMISSED. The Clerk is DIRECTED to CLOSE the case. Signed by District Judge Travis R McDonough on 11/18/2022. ENTERED AS A JUDGMENT by LeAnna R. Wilson,CLERK OF COURT.(BJL) (Entered: 11/18/2022) Judgment 1 PDF CL
2023-01-13 63 NOTICE OF APPEAL as to 61 Memorandum & Opinion, 62 Judgment, by American College of Pediatricians, Catholic Medical Association. Filing fee $ 505, receipt number ATNEDC-5269918. (Bowman, Matthew) (Entered: 01/13/2023) Notice of Appeal 2 PDF CL
2023-01-19 1 Civil Case Docketed. Notice filed by Appellants American College of Pediatricians and Catholic Medical Association. Transcript needed: n. (CAM) [Entered: 01/19/2023 02:54 PM] Filing 3 PDF CL
2023-01-19 3 BRIEFING LETTER SENT setting briefing schedule: appellant brief due 02/28/2023; appellee brief due 03/30/2023. (CAM) [Entered: 01/19/2023 02:59 PM] Filing 6 PDF CL
2023-01-23 4 APPEARANCE filed for Appellees Xavier Becerra, HHS, Lisa J. Pino and Office for Civil Rights of the U.S. Department of Health and Human Services by McKaye L. Neumeister. Certificate of Service: 01/23/2023. [23-5053] (MLN) [Entered: 01/23/2023 02:26 PM] Filing 1 PDF CL
2023-01-25 5 APPEARANCE filed for Appellees Xavier Becerra, HHS, Office for Civil Rights of the U.S. Department of Health and Human Services and Lisa J. Pino by Charles W. Scarborough. Certificate of Service: 01/25/2023. [23-5053] (CWS) [Entered: 01/25/2023 06:53 PM] Filing 1 PDF CL
2023-01-31 10 CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Mr. Matthew Scott Bowman for Appellants American College of Pediatricians and Catholic Medical Association.. Certificate of Service: 01/31/2023. [23-5053] (MSB) [Entered: 01/31/2023 01:58 PM] Filing 1 PDF CL
2023-03-30 16 APPELLANT BRIEF filed by Mr. Christopher Paul Schandevel for American College of Pediatricians and Catholic Medical Association. Certificate of Service: 03/30/2023. Argument Request: requested. [23-5053] (CPS) [Entered: 03/30/2023 09:19 PM] Filing 49 PDF CL
2023-04-06 19 AMICUS BRIEF filed by Gary M. Lawkowski on behalf of Center for American Liberty, with parties' consent. Certificate of Service:04/06/2023. [23-5053] (GL) [Entered: 04/06/2023 03:48 PM] Filing 30 PDF CL
2023-04-06 20 AMICUS BRIEF filed by Liberty Justice Center, with parties' consent. Certificate of Service:04/06/2023. [23-5053] (DRS) [Entered: 04/06/2023 04:25 PM] Filing 11 PDF CL
2023-04-06 22 AMICUS BRIEF filed by Eric Kniffin on behalf of the Ethics and Public Policy Center, with parties' consent. Certificate of Service:04/06/2023. [23-5053] (ENK) [Entered: 04/06/2023 11:30 PM] Filing 42 PDF CL
2023-04-07 23 DEFICIENCY NOTICE: The appearance form, [21], filed by Mr. Eric Nieuwenhuis Kniffin for Ethics and Public Policy Center is deficient for the reason noted on the attached checklist. Deficiency to be corrected by 04/12/2023. (CAM) [Entered: 04/07/2023 07:54 AM] Filing 2 PDF CL
2023-04-19 27 RULING LETTER SENT granting motion to extend time to file brief by 30 days [26] filed by Ms. McKaye Lea Neumeister. Resetting briefing schedule: appellee brief now due 05/31/2023. (CAM) [Entered: 04/19/2023 01:01 PM] ruling letter sent 6 PDF CL
2023-05-31 29 LETTER filed by Ms. McKaye Lea Neumeister for Xavier Becerra, Office for Civil Rights of the U.S. Department of Health and Human Services, Lisa J. Pino and HHS communicating dates of unavailability for oral argument: July 17-28, 2023; October 23-27, 2023. Certificate of Service: 05/31/2023. [23-5053] (MLN) [Entered: 05/31/2023 10:53 PM] Filing 1 PDF CL
2023-07-05 32 REPLY BRIEF filed by Attorney Mr. Christopher Paul Schandevel for Appellants American College of Pediatricians and Catholic Medical Association. Certificate of Service: 07/05/2023. [23-5053] (CPS) [Entered: 07/05/2023 09:35 PM] Filing 31 PDF CL
2023-08-14 35 RESPONSE in opposition filed regarding an, [34]. Response from Attorney Ms. McKaye Lea Neumeister for Appellees Xavier Becerra, Office for Civil Rights of the U.S. Department of Health and Human Services, Lisa J. Pino and HHS. Certificate of Service:08/14/2023. [23-5053] (MLN) [Entered: 08/14/2023 12:20 PM] Filing 2 PDF CL
2023-09-18 36 LETTER filed by Ms. McKaye Lea Neumeister for Xavier Becerra, Office for Civil Rights of the U.S. Department of Health and Human Services, Lisa J. Pino and HHS communicating dates of unavailability for oral argument: October 23-27, 2023; December 7-8, 2023. Certificate of Service: 09/18/2023. [23-5053] (MLN) [Entered: 09/18/2023 11:17 AM] Filing 1 PDF CL
2023-12-06 40 CAUSE ARGUED by Mr. Christopher Paul Schandevel for Appellants Catholic Medical Association and American College of Pediatricians and Ms. McKaye Lea Neumeister for Appellees HHS, Xavier Becerra, Office for Civil Rights of the U.S. Department of Health and Human Services and Lisa J. Pino before Boggs, Circuit Judge; Readler, Circuit Judge and Davis, Circuit Judge. (RLJ) [Entered: 12/06/2023 11:07 AM] Filing 1 PDF CL
2024-05-08 42 LETTER SENT requesting supplemental briefs from the parties, no more than 25 pages each. Supplemental briefs due by 5:00 p.m. on 05/29/2024. (CAM) [Entered: 05/08/2024 10:07 AM] Filing 1 PDF CL
2024-05-29 43 SUPPLEMENTAL BRIEF filed by Attorney Mr. Christopher Paul Schandevel for Appellants American College of Pediatricians and Catholic Medical Association. Certificate of Service:05/29/2024. [23-5053] (CPS) [Entered: 05/29/2024 04:47 PM] Filing 15 PDF CL
2024-05-29 44 SUPPLEMENTAL BRIEF filed by Attorney Ms. McKaye Lea Neumeister for Appellees Xavier Becerra, Office for Civil Rights of the U.S. Department of Health and Human Services, Lisa J. Pino and HHS. Certificate of Service:05/29/2024. [23-5053] (MLN) [Entered: 05/29/2024 04:48 PM] Filing 25 PDF CL