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McComb Childrens Clinic, LTD. v. Fink

S.D. Miss. · 5:24-cv-00048 · 2024 · CourtListener
Cite as McComb Childrens Clinic, LTD. v. Fink, No. 5:24-cv-00048 (S.D. Miss. filed May 13, 2024)

Docket

No. 5:24-cv-00048
Assigned to
Louis Guirola Jr.
Referred to
Andrew S. Harris
Cause
28:2201 Declaratory Judgment
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
2024-05-13
Last filing
2026-03-19
Terminated
2026-02-05

Proceedings

124 docket entries · 23 documents
McComb Childrens Clinic, LTD. v. Fink, No. 5:24-cv-00048 (S.D. Miss. filed May 13, 2024)

Recent docket activity

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

  • 2024-05-13 Filed: S.D. Miss., No. 5:24-cv-00048
  • 2026-02-05 Closed: S.D. Miss., No. 5:24-cv-00048

Filings on file (23 in 23 docket entries)

Filings on file
DateNo.DocumentTypePagesSource
2024-05-13 1 COMPLAINT with jury demand against Xavier Becerra, Office for Civil Rights of the United States Department of Health and Human Services, Melanie Fontes Rainer, United States Department of Health and Human Services ( Filing fee $ 405 receipt number AMSSDC-5405217), filed by McComb Childrens Clinic, LTD.. (Attachments: # 1 Civil Cover Sheet)(cwl) (Additional attachment(s) added on 5/14/2024: # 2 Exhibit 1 Declaration of Michael Artigues, M.D., F.C.P.) (cwl). (Entered: 05/14/2024) Complaint 46 PDF CL
2024-06-03 7 MEMORANDUM in Support re 6 MOTION for Preliminary Injunction and Delay of Effective Date filed by McComb Childrens Clinic, LTD. (Hurst, D.) (Entered: 06/03/2024) Memorandum in Support of Motion 26 PDF CL
2024-06-03 8 ORDER REASSIGNING CASE. Case reassigned to District Judge Louis Guirola, Jr for all further proceedings. District Judge Keith Starrett no longer assigned to case. Signed by Chief District Judge Daniel P. Jordan, III on 6/3/2024 (PG) (Entered: 06/03/2024) Order Reassigning Case 1 PDF CL
2024-06-03 9 ORDER OF RECUSAL. Magistrate Judge LaKeysha Greer Isaac recused. Case reassigned to Magistrate Judge Andrew S. Harris for all further proceedings. Signed by Magistrate Judge LaKeysha Greer Isaac on 6/3/2024 (PG) (Entered: 06/03/2024) Order of Recusal 1 PDF CL
2024-06-10 12 SCHEDULING ORDER re 6 MOTION for Preliminary Injunction and Delay of Effective Date filed by McComb Childrens Clinic, LTD. Signed by District Judge Louis Guirola, Jr on 06/10/2024 (Guirola, Louis) (Entered: 06/10/2024) Order 2 PDF CL
2024-06-10 13 NOTICE of Appearance by James Earl Graves, III on behalf of Xavier Becerra, Office for Civil Rights of the United States Department of Health and Human Services, Melanie Fontes Rainer, United States Department of Health and Human Services (Graves, James) (Entered: 06/10/2024) Notice of Appearance 1 PDF CL
2024-06-26 23 Rebuttal re 6 MOTION for Preliminary Injunction and Delay of Effective Date filed by McComb Childrens Clinic, LTD. (Hurst, D.) (Entered: 06/26/2024) Rebuttal 11 PDF CL
2024-08-15 27 MOTION for Partial Summary Judgment by McComb Childrens Clinic, LTD. (Hurst, D.) (Entered: 08/15/2024) Partial Summary Judgment 3 PDF CL
2024-08-15 28 MEMORANDUM in Support re 27 MOTION for Partial Summary Judgment filed by McComb Childrens Clinic, LTD. (Hurst, D.) (Entered: 08/15/2024) Memorandum in Support of Motion 25 PDF CL
2024-09-18 34 ORDER Denying 29 Motion to Stay Proceedings and Setting Briefing Schedule Signed by District Judge Louis Guirola, Jr on 09/18/2024 (Guirola, Louis) (Entered: 09/18/2024) Order on Motion to Stay Proceedings 4 PDF CL
2024-10-10 37 Joint MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Partial Summary Judgment by Xavier Becerra, Office for Civil Rights of the United States Department of Health and Human Services, Melanie Fontes Rainer, United States Department of Health and Human Services (Holland-Federal Gov, Liam) (Entered: 10/10/2024) Extension of Time to File Response/Reply 3 PDF CL
2024-10-15 38 MEMORANDUM in Opposition re 35 MOTION to Dismiss filed by McComb Childrens Clinic, LTD. (Hurst, D.) (Entered: 10/15/2024) Memorandum in Opposition to Motion 14 PDF CL
2024-10-23 43 MEMORANDUM in Opposition re 35 MOTION to Dismiss filed by McComb Childrens Clinic, LTD. (Hurst, D.) (Entered: 10/23/2024) Memorandum in Opposition to Motion 14 PDF CL
2025-02-06 48 MOTION to Vacate Set/Reset Hearings, Notice of Hearing on Motion, Defendants' Motion to Vacate Motion Hearing and Status Conference by United States Department of Health and Human Services, Office for Civil Rights of the United States Department of Health and Human Services (Holland-Federal Gov, Liam) (Entered: 02/06/2025) Vacate 3 PDF CL
2025-02-12 52 ORDER SUBSTITUTING PARTIES - IT IS THEREFORE ORDERED AND ADJUDGED that Dr. Dorothy A. Fink in her official capacity as Acting Secretary of the United States Department of Health and Human Services is SUBSTITUTED for Xavier Becerra. IT IS FURTHER ORDERED AND ADJUDGED that Anthony Archeval in his official capacity as Acting Director of the Office for Civil Rights of the United States Department of Health and Human Services is SUBSTITUTED for Melanie Fontes Rainer. Signed by District Judge Louis Guirola, Jr on 02/12/2025 (CDS) (Entered: 02/12/2025) Order 2 PDF CL
2025-02-19 54 ORDER STAYING CASE - IT IS THEREFORE ORDERED AND ADJUDGED that this lawsuit is STAYED pending the resolution of or additional guidance from the appeal of the 30 Preliminary Injunction and related 29 Memorandum Opinion and Order entered by this Court in State of Tennessee v. Kennedy, Cause No. 1:24cv161-LG-BWR, or upon further order of the Court. Signed by District Judge Louis Guirola, Jr. on 02/19/2025. (CDS) (Entered: 02/19/2025) Order Staying Case 4 PDF CL
2025-03-17 56 MEMORANDUM in Support re 55 MOTION to Lift Stay re 54 Order Staying Case, filed by McComb Childrens Clinic, LTD. (Hurst, D.) (Entered: 03/17/2025) Memorandum in Support of Motion 3 PDF CL
2025-03-31 57 ORDER STAYING CASE - IT IS THEREFORE ORDERED AND ADJUDGED that this case is STAYED. Signed by District Judge Louis Guirola, Jr on 03/31/2025. (CDS) (Entered: 03/31/2025) Order Staying Case 2 PDF CL
2025-11-04 58 NOTICE of Supplemental Authority by McComb Childrens Clinic, LTD. (Hurst, D.) (Entered: 11/04/2025) Notice (Other) - DO NOT USE FOR APPEALS OR DISCOVERY 2 PDF CL
2025-12-23 60 ORDER TO SHOW CAUSE Show Cause Response due by 1/20/2026 Signed by District Judge Louis Guirola, Jr on 12/23/2025 (Guirola, Louis) (Entered: 12/23/2025) Order to Show Cause 4 PDF CL
2026-01-20 62 RESPONSE TO ORDER TO SHOW CAUSE re 60 ORDER TO SHOW CAUSE Show Cause Response due by 1/20/2026 Signed by District Judge Louis Guirola, Jr on 12/23/2025 (Guirola, Louis) filed by Anthony Archeval, Robert F. Kennedy, Jr, Office for Civil Rights of the United States Department of Health and Human Services, United States Department of Health and Human Services (Attachments: # 1 Exhibit 1, HHS, OCR, Notice of Compliance Review (OCR Transaction Number DO-25-610531-RV-CRR State of Maine) (Feb. 21, 2025), # 2 Exhibit 2, HHS, OCR, Notice of Determination (OCR Transaction Number: DO-25-610531-RV-CRR State of Maine) (Feb. 25, 2025), # 3 Exhibit 3 HHS, OCR, Notice of Referral (OCR Transaction Number: DO-25-610531-RV-CRR State of Maine) (Mar. 28, 2025)))(Holland-Federal Gov, Liam) (Entered: 01/20/2026) Response to Order to Show Cause 24 PDF CL
2026-02-05 63 MEMORANDUM OPINION AND ORDER LIFTING STAY AND DISMISSING CASE PURSUANT TO MOOTNESS DOCTRINE re 1 Complaint. IT IS THEREFORE ORDERED AND ADJUDGED that the stay entered in this lawsuit on March 31, 2025, is lifted. IT IS FURTHER ORDERED AND ADJUDGED that this lawsuit is DISMISSED WITHOUT PREJUDICE pursuant to the mootness doctrine. Signed by District Judge Louis Guirola, Jr on 2/5/2026 (CDS) (Entered: 02/05/2026) Memorandum Opinion and Order 10 PDF CL
2026-02-05 64 FINAL JUDGMENT - IT IS THEREFORE ORDERED AND ADJUDGED that this lawsuit is DISMISSED WITHOUT PREJUDICE pursuant to the mootness doctrine. Signed by District Judge Louis Guirola, Jr on 2/5/2026 (CDS) (Entered: 02/05/2026) Judgment 1 PDF CL