McComb Childrens Clinic, LTD. v. Fink

Court
S.D. Miss.
Docket number
5:24-cv-00048
Filed
Terminated
Last filing
Assigned judge
Louis Guirola Jr.
Referred judge
Andrew S. Harris
Nature of suit
899 Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause
28:2201 Declaratory Judgment
Jurisdiction
U.S. Government Defendant
Jury demand
Plaintiff
Case
McComb Childrens Clinic, LTD. v. Fink
Cite
McComb Childrens Clinic, LTD. v. Fink, No. 5:24-cv-00048 (S.D. Miss. filed May 13, 2024)
Source
Docket on CourtListener(opens another site)

The 23 court documents filed in this docket, as listed for its case.

Docket entries

The entries the archive holds for this docket. For the full docket, use the link above.

Docket entries
No.DateDescriptionDocument
1COMPLAINT 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)Open(opens another site)
2Summons Issued as to 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. (cwl) (Entered: 05/14/2024)Open(opens another site)
3Summons Issued as to 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, U.S. Attorney and U.S. Attorney General. Service upon US Attorney Todd W. Gee, Attn: Civil Process Clerk, US Department of Justice c/o Attorney General Merrick B. Garland. (PG) (Entered: 05/16/2024)Open(opens another site)
4MOTION for Matthew S. Bowman to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5409457) by McComb Childrens Clinic, LTD. (Attachments: # 1 Attachment List of Courts, # 2 Attachment Certificate of Good Standing-District of Columbia, # 3 Attachment Certificate of Good Standing-Michigan)(Hurst, D.) (Entered: 05/17/2024)Open(opens another site)
5Corporate Disclosure Statement by McComb Childrens Clinic, LTD. (Hurst, D.) (Entered: 05/17/2024)Open(opens another site)
6MOTION for Preliminary Injunction and Delay of Effective Date by McComb Childrens Clinic, LTD. (Attachments: # 1 Exhibit A - Cantor Report)(Hurst, D.) (Entered: 06/03/2024)Open(opens another site)
7MEMORANDUM 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)Open(opens another site)
8ORDER 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)Open(opens another site)
9ORDER 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)Open(opens another site)
10MOTION for Julie Marie Blake to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5422482) by McComb Childrens Clinic, LTD. (Attachments: # 1 Attachment Court Admissions, # 2 Attachment Certificates of Good Standing)(Hurst, D.) (Entered: 06/05/2024)Open(opens another site)
11NOTICE of Appearance by Liam C. Holland-Federal Gov on behalf of All Defendants (Holland-Federal Gov, Liam) (Entered: 06/07/2024)Open(opens another site)
12SCHEDULING 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)Open(opens another site)
13NOTICE 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)Open(opens another site)
14***ERROR***DISREGARD THIS ENTRY.***SUMMONS Returned Executed by McComb Childrens Clinic, LTD.. Xavier Becerra served on 5/28/2024, answer due 6/18/2024. (Hurst, D.) Modified on 6/10/2024 (PG). (Entered: 06/10/2024)Open(opens another site)
15***ERROR***DISREGARD THIS ENTRY.***SUMMONS Returned Executed by McComb Childrens Clinic, LTD.. United States Department of Health and Human Services served on 5/28/2024, answer due 6/18/2024. (Hurst, D.) Modified on 6/10/2024 (PG). (Entered: 06/10/2024)Open(opens another site)
16***ERROR***DISREGARD THIS ENTRY.***SUMMONS Returned Executed by McComb Childrens Clinic, LTD.. (Hurst, D.) Modified on 6/11/2024 (PG). (Entered: 06/11/2024)Open(opens another site)
17NOTICE of Appearance by Nash E. Gilmore on behalf of McComb Childrens Clinic, LTD. (Gilmore, Nash) (Entered: 06/19/2024)Open(opens another site)
18MEMORANDUM in Opposition re 6 MOTION for Preliminary Injunction and Delay of Effective Date filed 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 (Attachments: # 1 Exhibit ("Ex.") 1 -- Holland Declaration, # 2 Ex. A to Ex. 1 -- Neese Class Certification Order, # 3 Ex. B to Ex. 1 -- Neese Class Judgment, # 4 Ex. C to Ex. 1 -- ACP First Amended Complaint, # 5 Ex. D to Ex. 1 -- MCC Website, # 6 Ex. E to Ex. 1 -- ACP Website "Meet Our Board", # 7 Ex. F to Ex. 1 -- ACP Website "President", # 8 Ex. G to Ex. 1 -- Sample Notice of Nondiscrimination)(Holland-Federal Gov, Liam) (Entered: 06/19/2024)Open(opens another site)
19SUMMONS Returned Executed by McComb Childrens Clinic, LTD. Xavier Becerra served on 5/28/2024, answer due 6/18/2024. (Hurst, D.) Modified on 6/21/2024 (PG). (Entered: 06/21/2024)Open(opens another site)
20SUMMONS Returned Executed by McComb Childrens Clinic, LTD. United States Department of Health and Human services served on 5/28/2024, answer due 6/18/2024. (Hurst, D.) Modified on 6/21/2024 (PG). (Entered: 06/21/2024)Open(opens another site)
21SUMMONS Returned Executed by McComb Childrens Clinic, LTD.. United States Department of Health and Human Services served on Todd W. Gee, United States Attorney, Attn: Civil Process Clerk on 5/21/2024, answer due 7/22/2024. (Hurst, D.) Modified on 6/21/2024 (PG). (Entered: 06/21/2024)Open(opens another site)
22SUMMONS Returned Executed by McComb Childrens Clinic, LTD.. United States Department of Health and Human Services served on Merrick B. Garland, Attorney General of the United States U.S. Department of Justice 5/30/2024, answer due 7/29/2024. (Hurst, D.) Modified on 6/21/2024 (PG). (Entered: 06/21/2024)Open(opens another site)
23Rebuttal re 6 MOTION for Preliminary Injunction and Delay of Effective Date filed by McComb Childrens Clinic, LTD. (Hurst, D.) (Entered: 06/26/2024)Open(opens another site)
24MOTION for Extension of Time to File Answer re 1 Complaint, 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: 07/18/2024)Open(opens another site)
25RESPONSE in Opposition re 24 MOTION for Extension of Time to File Answer re 1 Complaint, filed by McComb Childrens Clinic, LTD. (Hurst, D.) (Entered: 07/23/2024)Open(opens another site)
26ORDER granting 24 Motion for Extension of Time to Answer 1 Complaint as stated in the Order. Signed by Magistrate Judge Andrew S. Harris on August 6, 2024. (DI) (Entered: 08/06/2024)Open(opens another site)
27MOTION for Partial Summary Judgment by McComb Childrens Clinic, LTD. (Hurst, D.) (Entered: 08/15/2024)Open(opens another site)
28MEMORANDUM in Support re 27 MOTION for Partial Summary Judgment filed by McComb Childrens Clinic, LTD. (Hurst, D.) (Entered: 08/15/2024)Open(opens another site)
29MOTION to Stay Proceedings or, in the Alternative, to Enter a Briefing Schedule for Dispositive Motions 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: 08/23/2024)Open(opens another site)
30MOTION for Extension of Time to File Answer re 1 Complaint,, 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: 08/23/2024)Open(opens another site)
31RESPONSE in Opposition re 29 MOTION to Stay Proceedings or, in the Alternative, to Enter a Briefing Schedule for Dispositive Motions filed by McComb Childrens Clinic, LTD. (Gilmore, Nash) (Entered: 08/27/2024)Open(opens another site)
32NOTICE of Appearance by Zachary Sherwood-Federal Gov 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 (Sherwood-Federal Gov, Zachary) (Entered: 08/29/2024)Open(opens another site)
33REPLY to Response to Motion re 29 MOTION to Stay Proceedings or, in the Alternative, to Enter a Briefing Schedule for Dispositive Motions, 31 Response in Opposition to Motion filed 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 (Sherwood-Federal Gov, Zachary) (Entered: 09/03/2024)Open(opens another site)
34ORDER 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)Open(opens another site)
35MOTION to Dismiss 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: 09/30/2024)Open(opens another site)
36MEMORANDUM in Support re 35 MOTION to Dismiss filed 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: 09/30/2024)Open(opens another site)
37Joint 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)Open(opens another site)
38MEMORANDUM in Opposition re 35 MOTION to Dismiss filed by McComb Childrens Clinic, LTD. (Hurst, D.) (Entered: 10/15/2024)Open(opens another site)
39Unopposed MOTION for Extension of Time to File Response/Reply as to 38 Memorandum in Opposition to Motion 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: 10/18/2024)Open(opens another site)
40RESPONSE in Opposition re 27 MOTION for Partial Summary Judgment filed 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: 10/23/2024)Open(opens another site)
41MEMORANDUM IN OPPOSITION re 27 MOTION for Partial Summary Judgment, 40 Response in Opposition to Motion, filed 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: 10/23/2024)Open(opens another site)
42RESPONSE in Opposition re 35 MOTION to Dismiss filed by McComb Childrens Clinic, LTD. (Hurst, D.) (Entered: 10/23/2024)Open(opens another site)
43MEMORANDUM in Opposition re 35 MOTION to Dismiss filed by McComb Childrens Clinic, LTD. (Hurst, D.) (Entered: 10/23/2024)Open(opens another site)
44Unopposed MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Partial Summary Judgment Nunc Pro Tunc 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 (Attachments: # 1 Exhibit Declaration of Technical Difficulties)(Holland-Federal Gov, Liam) (Entered: 10/23/2024)Open(opens another site)
45Rebuttal re 27 MOTION for Partial Summary Judgment filed by McComb Childrens Clinic, LTD. (Hurst, D.) (Entered: 10/31/2024)Open(opens another site)
46Rebuttal re 35 MOTION to Dismiss filed 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: 11/01/2024)Open(opens another site)
47NOTICE of Supplemental Authority by McComb Childrens Clinic, LTD. re 27 MOTION for Partial Summary Judgment (Hurst, D.) (Entered: 01/29/2025)Open(opens another site)
48MOTION 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)Open(opens another site)
49RESPONSE in Opposition re 48 MOTION to Vacate Set/Reset Hearings, Notice of Hearing on Motion, Defendants' Motion to Vacate Motion Hearing and Status Conference filed by McComb Childrens Clinic, LTD. (Hurst, D.) (Entered: 02/07/2025)Open(opens another site)
50MEMORANDUM in Opposition re 48 MOTION to Vacate Set/Reset Hearings, Notice of Hearing on Motion, Defendants' Motion to Vacate Motion Hearing and Status Conference filed by McComb Childrens Clinic, LTD. (Hurst, D.) (Entered: 02/07/2025)Open(opens another site)