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.

Clear
Docket entries
No.DateDescriptionDocument
51ORDER granting in part and denying in part 48 Motion to Vacate Motion Hearing and Status Conference. The February 25, 2025, hearing scheduled in this matter is TERMINATED. The parties shall appear for a telephonic status conference on March 14, 2025, at 10:00 a.m. Signed by District Judge Louis Guirola, Jr., on 2/12/2025. (BR) (Entered: 02/12/2025)Open(opens another site)
52ORDER 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)Open(opens another site)
53ORDER SUBSTITUTING PARTIES - IT IS THEREFORE ORDERED AND ADJUDGED that Robert F. Kennedy, Jr., in his official capacity as Secretary of the United States Department of Health and Human Services is SUBSTITUTED for Dr. Dorothy A. Fink. Signed by District Judge Louis Guirola, Jr on 02/13/2025. (CDS) (Entered: 02/14/2025)Open(opens another site)
54ORDER 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)Open(opens another site)
55MOTION to Lift Stay re 54 Order Staying Case, by McComb Childrens Clinic, LTD. (Hurst, D.) (Entered: 03/17/2025)Open(opens another site)
56MEMORANDUM 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)Open(opens another site)
57ORDER 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)Open(opens another site)
58NOTICE of Supplemental Authority by McComb Childrens Clinic, LTD. (Hurst, D.) (Entered: 11/04/2025)Open(opens another site)
59MOTION to Withdraw as Attorney 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 Attachment Proposed Order)(Sherwood-Federal Gov, Zachary) (Entered: 12/15/2025)Open(opens another site)
60ORDER 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)Open(opens another site)
61RESPONSE 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 McComb Childrens Clinic, LTD. (Gilmore, Nash) (Entered: 01/13/2026)Open(opens another site)
62RESPONSE 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)Open(opens another site)
63MEMORANDUM 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)Open(opens another site)
64FINAL 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)Open(opens another site)
65NOTICE OF APPEAL by McComb Childrens Clinic, LTD.. Filing fee $ 605, receipt number AMSSDC-5912602. (Gilmore, Nash) (Entered: 02/23/2026)Open(opens another site)
66USCA Case Number 26-60101 for 65 Notice of Appeal filed by McComb Childrens Clinic, LTD. (CDS) Modified on 3/12/2026 (DBH). (Entered: 03/11/2026)Open(opens another site)
No description
TEXT ONLY ORDER granting 4 Motion to Appear Pro Hac Vice. That Attorney, MATTHEW S. BOWMAN, be admitted pro hac vice in this case on behalf of Plaintiff, McComb Childrens Clinic, LTD., in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge LaKeysha Greer Isaac on 5/20/24 (NL)
No description
No description
No description
Attorneys are advised to include the case number and new judge assignment of 5:24-cv-48-LG-LGI on future filed pleadings. (PG)
Attorneys are advised to include the case number and new judge assignment of 5:24-cv-48-LG-ASH on future filed pleadings. (PG)
TEXT-ONLY ORDER granting 10 Motion to Appear Pro Hac Vice. That Attorney Julie Marie Blake be admitted pro hac vice in this case on behalf of Plaintiff in association with local counsel conditioned upon completion of the registration procedures found on the Courts website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. No further written order shall issue from the Court. Signed by Magistrate Judge Andrew S. Harris on 6/7/2024. (JEJ)
Set Hearing: Telephone Conference set for 6/7/2024 02:00 PM before Magistrate Judge Andrew S. Harris. Parties shall call the Court's AT&T number. (JEJ)
No description
Minute Entry for proceedings held before Magistrate Judge Andrew S. Harris: Telephone Conference held on 6/7/2024 in Jackson, MS. Appearing: Mike Hurst, Nash Gilmore, Matt Bowman, Liam Holland and James Graves. (JEJ)
No description
DOCKET ANNOTATION as to Doc # 14 and 15 Proof of Service of a summons should be completed and filed with the first page, as issued. Attachment of U.S. Postal return receipt only [or describe other attachment] is not sufficient without completed proof. Attorney is directed to refile. (PG)
DOCKET ANNOTATION as to Doc # 14, 15 and 16 Proof of Service of a summons should be completed and filed with the first page, as issued. Attachment of U.S. Postal return receipt only is not sufficient without completed proof. Attorney is directed to refile. (PG)
No description
Set Hearing: Telephonic Status Conference set for 7/5/2024 01:00 PM before Magistrate Judge Andrew S. Harris to discuss the preliminary injunction entered on July 3, 2024 in Tennessee v. Becerra, No. 1:24-cv-161-LG-BWR (S.D. Miss.), and the impact of that decision on this action. The Court shall provide a call in number to the parties. (JEJ)
No description
No description
Minute Entry for proceedings held before Magistrate Judge Andrew S. Harris: Telephonic Status Conference held on 7/5/2024 in Jackson, MS. Appearing: Mike Hurst, Matthew Bowman, James Graves and Liam Holland. (JEJ)
TEXT-ONLY ORDER directing Plaintiff to file a response to the 24 MOTION for Extension of Time to File Answer re 1 Complaint, filed by United States Department of Health and Human Services, Xavier Becerra, Office for Civil Rights of the United States Department of Health and Human Services, Melanie Fontes Rainer, on or before July 29, 2024. No further written order shall issue. Signed by Magistrate Judge Andrew S. Harris on July 22, 2024. (DI)
No description
No description
TEXT ONLY ORDER denying 30 Motion for Extension of Time to Answer 1 Complaint and granting 30 Motion for Extension of Time to File Response/Reply as to 27 MOTION for Partial Summary Judgment. The Court finds that it is not necessary to further extend the answer deadline at this time. The Court will enter a briefing schedule for the 27 Motion for Partial Summary Judgment, if necessary, after ruling on the 29 Motion for a Stay. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Louis Guirola, Jr., on 8/23/2024. (BR)
TEXT ONLY ORDER granting 37 Motion for Extension of Time to File Response/Reply as to 27 MOTION for Partial Summary Judgment. The response is due by 10/22/2024, and the reply is due by 10/31/2024. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Louis Guirola, Jr., on 10/11/2024. (BR)
No description
No description
No description
TEXT ONLY ORDER granting 39 Unopposed MOTION for Extension of Time to File Response/Reply as to 38 Memorandum in Opposition to Motion. The reply is due by 10/29/2024. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Louis Guirola, Jr., on 10/19/2024. (BR)
TEXT ONLY ORDER regarding 35 MOTION to Dismiss filed by United States Department of Health and Human Services, Xavier Becerra, Office for Civil Rights of the United States Department of Health and Human Services, Melanie Fontes Rainer. Plaintiff is ordered to file a separate response in opposition to the 35 Motion to Dismiss by 10/25/2024. See L.U. Civ. R. 7(b)(4) ("Counsel for respondent must, within fourteen days after service of movants motion and memorandum brief, file a response and memorandum brief in support of the response.") (emphasis added). Defendants' deadline for filing a reply is extended to 11/1/2024. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Louis Guirola, Jr on 10/21/2024 (BR)
Set/Reset Deadlines as to 35 MOTION to Dismiss. Separate Response is due by 10/25/2024. Reply is due by 11/1/2024. (BR)
No description
TEXT ONLY ORDER granting 44 Unopposed MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Partial Summary Judgment Nunc Pro Tunc. The response is accepted by the Court as timely filed. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Louis Guirola, Jr., on 10/24/2024. (BR)
No description
No description