State of Texas v. Kennedy

Court
5th Cir.
Docket number
24-40568
Filed
Terminated
Last filing
Nature of suit
2899 Other Statutes
Case
State of Texas v. Kennedy
Cite
Texas v. Kennedy, No. 24-40568 (5th Cir. filed Sept. 5, 2024)
Source
Docket on CourtListener(opens another site)

The 5 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
1US CIVIL CASE docketed. NOA filed by Appellants Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, Ms. Melanie Fontes Rainer and HHS. [24-40568] (RLL) [Entered: 09/05/2024 07:50 AM]Open(opens another site)
5INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [5] Initial AA Check Due satisfied. [24-40568] (TST) [Entered: 09/05/2024 05:00 PM]Open(opens another site)
6ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 6:24-CV-211. Electronic ROA due on 09/20/2024. [24-40568] (TST) [Entered: 09/05/2024 05:04 PM]Open(opens another site)
7APPEARANCE FORM for the court's review. Lead Counsel? No. [24-40568] (Ryan Daniel Walters ) [Entered: 09/10/2024 05:27 PM]Open(opens another site)
8APPEARANCE FORM for the court's review. Lead Counsel? Yes. [24-40568] (McKaye Lea Neumeister ) [Entered: 09/11/2024 10:21 AM]Open(opens another site)
9APPEARANCE FORM FILED by Attorney(s) McKaye Lea Neumeister for party(s) Appellant HHS Appellant Melanie Fontes Rainer Appellant Xavier Becerra, Secretary, U.S. Department of Health and Human Services Appellant Centers for Medicare and Medicaid Services, in case 24-40568 [24-40568] (ABT) [Entered: 09/11/2024 10:35 AM]Open(opens another site)
11APPEARANCE FORM FILED by Attorney(s) Ryan Daniel Walters for party(s) Appellee State of Texas, in case 24-40568 [24-40568] (TST) [Entered: 09/11/2024 11:56 AM]Open(opens another site)
13APPEARANCE FORM for the court's review. Lead Counsel? No. [24-40568] (Charles Wylie Scarborough ) [Entered: 09/12/2024 04:14 PM]Open(opens another site)
14APPEARANCE FORM FILED by Attorney(s) Charles Wylie Scarborough for party(s) Appellant HHS Appellant Melanie Fontes Rainer Appellant Xavier Becerra, Secretary, U.S. Department of Health and Human Services Appellant Centers for Medicare and Medicaid Services, in case 24-40568 [24-40568] (ABT) [Entered: 09/12/2024 04:20 PM]Open(opens another site)
16TRANSCRIPT ORDER received from Appellants Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, Ms. Melanie Fontes Rainer and HHS advising transcript unnecessary - no hearings [24-40568]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: TRANSCRIPT ORDER received from Appellants Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, HHS and Ms. Melanie Fontes Rainer advising transcript unnecessary Date of Service: 09/13/2024 via email - Attorney for Appellees: Greene, Walters; Attorney for Appellants: Neumeister, Scarborough [24-40568] (McKaye Lea Neumeister ) [Entered: 09/13/2024 02:01 PM]Open(opens another site)
17ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No Electronic ROA deadline satisfied. [24-40568] (DDL) [Entered: 09/18/2024 04:23 PM]Open(opens another site)
18BRIEFING NOTICE ISSUED A/Pet's Brief Due on 10/28/2024 for Appellants Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer and United States Department of Health and Human Services. [24-40568] (DDL) [Entered: 09/18/2024 04:23 PM]Open(opens another site)
19UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellants Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, HHS and Ms. Melanie Fontes Rainer for filing opening brief until 11/27/2024 [24-40568] (McKaye Lea Neumeister ) [Entered: 10/01/2024 12:46 PM]Open(opens another site)
20EXTENSION RECEIVED for Appellants Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, Ms. Melanie Fontes Rainer and HHS. Extension Granted to and including 11/27/2024. A/Pet's Brief deadline updated to 11/27/2024 for Appellants Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, Melanie Fontes Rainer and United States Department of Health and Human Services [24-40568] (AMD) [Entered: 10/02/2024 09:45 AM]Open(opens another site)
21APPELLANT'S BRIEF FILED by Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, Ms. Melanie Fontes Rainer and HHS. # of Copies Provided: 0. A/Pet's Brief deadline satisfied. Appellee's Brief due on 12/27/2024 for Appellees State of Montana and State of Texas [24-40568]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, HHS and Ms. Melanie Fontes Rainer. Date of service: 11/27/2024 via email - Attorney for Appellees: Greene, Walters; Attorney for Appellants: Neumeister, Scarborough [24-40568] (McKaye Lea Neumeister ) [Entered: 11/27/2024 02:46 PM]Open(opens another site)
22RECORD EXCERPTS FILED by Appellants Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, Ms. Melanie Fontes Rainer and HHS. # of Copies Provided: 0. [24-40568]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellants Mr. Xavier Becerra, Secretary, U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, HHS and Ms. Melanie Fontes Rainer. Date of service: 11/27/2024 via email - Attorney for Appellees: Greene, Walters; Attorney for Appellants: Neumeister, Scarborough [24-40568] (McKaye Lea Neumeister ) [Entered: 11/27/2024 02:48 PM]Open(opens another site)
24APPEARANCE FORM for the court's review. Lead Counsel? Yes. [24-40568] (Harvey L. Reiter ) [Entered: 12/03/2024 10:03 AM]Open(opens another site)
25APPEARANCE FORM for the court's review. Lead Counsel? Yes. [24-40568] (Deanne Maynard ) [Entered: 12/04/2024 09:56 AM]Open(opens another site)
26APPEARANCE FORM for the court's review. Lead Counsel? No. [24-40568] (Seth W. Lloyd ) [Entered: 12/04/2024 10:00 AM]Open(opens another site)
27AMICUS CURIAE BRIEF FILED by American Academy of Pediatrics, American Academy of Family Physicians, American Cancer Society Cancer Action Network, American Cancer Society and AIDS Institute. The Consent is Included in the Brief. # of Copies Provided: 0 [24-40568]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by American Cancer Society et al.. Date of service: 12/04/2024 via email - Attorney for Appellees: Greene, Walters; Attorney for Appellants: Neumeister, Scarborough, Sherwood [24-40568] (Deanne Maynard ) [Entered: 12/04/2024 10:06 AM]Open(opens another site)
28AMICUS CURIAE BRIEF FILED by National Health Law Program. The Consent is Included in the Brief. # of Copies Provided: 0 [24-40568]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by National Health Law Program. Date of service: 12/04/2024 via email - Attorney for Appellees: Greene, Walters; Attorney for Appellants: Neumeister, Scarborough, Sherwood; US mail - Attorney for Appellant: Sherwood [24-40568] (Martha Jane Perkins ) [Entered: 12/04/2024 12:21 PM]Open(opens another site)
29APPEARANCE FORM for the court's review. Lead Counsel? Yes. [24-40568] (Martha Jane Perkins ) [Entered: 12/04/2024 12:26 PM]Open(opens another site)
30APPEARANCE FORM for the court's review. Lead Counsel? Yes. [24-40568] (Kevin Costello ) [Entered: 12/04/2024 01:45 PM]Open(opens another site)
31SUFFICIENT AMICUS CURIAE BRIEF FILED by Fenway Health and NO/AIDS Task Force. The Consent is Included in the Brief. # of Copies Provided: 0 Sufficient Brief deadline satisfied [24-40568]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by NO/AIDS Task Force and Fenway Health. The Consent is Included in the Brief. Additionally the Brief requires Caption must be an exact match to the case caption. Supplemental Statement of Interested Parties is required. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Sufficient Brief due on 12/18/2024 for Amici Curiae Fenway Health and NO/AIDS Task Force. [24-40568] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Health Care Provider Organizations. Date of service: 12/04/2024 via email - Attorney for Appellees: Greene, Walters; Attorney for Appellants: Neumeister, Scarborough, Sherwood [24-40568] (Kevin Costello ) [Entered: 12/04/2024 02:02 PM]Open(opens another site)
32SUFFICIENT AMICUS CURIAE BRIEF FILED by Center for Medicare Advocacy, Justice in Aging and SAGE. The Consent is Included in the Brief. # of Copies Provided: 0 [24-40568]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Center for Medicare Advocacy, SAGE and Justice in Aging. The Consent is Included in the Brief. Additionally the Brief requires: Caption must be an exact match to the case caption.. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0 Sufficient Brief due on 12/17/2024 for Amici Curiae Justice in Aging, SAGE and Center for Medicare Advocacy. [24-40568] (RAJ) [Entered: 12/06/2024 02:50 PM]Open(opens another site)
33APPEARANCE FORM FILED by Attorney(s) Martha Jane Perkins for party(s) Amicus Curiae National Health Law Program, in case 24-40568 [24-40568] (RLJ) [Entered: 12/06/2024 05:01 PM]Open(opens another site)
34APPEARANCE FORM FILED by Attorney Harvey L. Reiter for Amicus Curiae Center for Medicare Advocacy in 24-40568, Attorney Harvey L. Reiter for Amicus Curiae SAGE in 24-40568, Attorney Harvey L. Reiter for Amicus Curiae Justice in Aging in 24-40568 [24-40568] (AMD) [Entered: 12/09/2024 08:42 AM]Open(opens another site)
35APPEARANCE FORM FILED by Attorney Kevin Costello for Amicus Curiae NO/AIDS Task Force in 24-40568 [24-40568] (RLJ) [Entered: 12/09/2024 01:59 PM]Open(opens another site)
36PARTY LIMIT CASE. (FOR A FULL LIST OF PARTIES FOR THIS AMICUS BRIEF, PLEASE REFER TO THE BRIEF OF AMICUS CURIAE BRIEF FILED BY American Academy of Pediatrics, American Academy of Family Physicians, American Cancer Society Cancer Action Network, American Cancer Society and AIDS Institute et al., on 12/4/24.) [24-40568] (RAJ) [Entered: 12/09/2024 02:36 PM]Open(opens another site)
37APPEARANCE FORM FILED by Attorney(s) Seth W. Lloyd for party(s) Amicus Curiae AIDS Institute Amicus Curiae American Academy of Pediatrics Amicus Curiae American Cancer Society Amicus Curiae American Academy of Family Physicians Amicus Curiae American Cancer Society Cancer Action Network, in case 24-40568 [24-40568] (RLJ) [Entered: 12/10/2024 01:27 PM]Open(opens another site)
39APPEARANCE FORM FILED by Attorney Deanne Maynard for Amicus Curiae American Academy of Pediatrics in 24-40568, Attorney Deanne Maynard for Amicus Curiae American Academy of Family Physicians in 24-40568, Attorney Deanne Maynard for Amicus Curiae American Cancer Society Cancer Action Network in 24-40568, Attorney Deanne Maynard for Amicus Curiae American Cancer Society in 24-40568, Attorney Deanne Maynard for Amicus Curiae AIDS Institute in 24-40568 [24-40568] (AMD) [Entered: 12/11/2024 03:35 PM]Open(opens another site)
40APPEARANCE FORM for the court's review. Lead Counsel? Yes. [24-40568] (Jacob C. Beach ) [Entered: 12/11/2024 04:08 PM]Open(opens another site)
41APPEARANCE FORM for the court's review. Lead Counsel? No. [24-40568] (Lanora Christine Pettit ) [Entered: 12/11/2024 04:13 PM]Open(opens another site)
42APPEARANCE FORM FILED by Attorney(s) Lanora Christine Pettit for party(s) Appellee State of Texas, in case 24-40568 [24-40568] (EMF) [Entered: 12/12/2024 08:10 AM]Open(opens another site)
44APPEARANCE FORM FILED by Attorney(s) Jacob C. Beach for party(s) Appellee State of Texas, in case 24-40568 [24-40568] (EMF) [Entered: 12/12/2024 08:13 AM]Open(opens another site)
46UNOPPOSED MOTION filed by Appellee State of Montana to extend time to file brief of appellee [46]. [24-40568]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Appellee State of Texas to extend time to file brief of appellee until 01/27/2025 [46]. Date of service: 12/13/2024 via email - Attorney for Appellees: Beach, Greene, Pettit, Walters; Attorney for Amici Curiae: Costello, Lloyd, Maynard, Perkins, Reiter; Attorney for Appellants: Neumeister, Scarborough; US mail - Attorney for Appellant: Sherwood [24-40568] (Lanora Christine Pettit ) [Entered: 12/13/2024 12:00 PM]Open(opens another site)
47CLERK ORDER granting Motion to extend time to file appellee's brief filed by Appellees State of Montana and State of Texas [46] Appellee's Brief due on 01/27/2025 for Appellees State of Montana and State of Texas [24-40568] (ABT) [Entered: 12/13/2024 04:25 PM]Open(opens another site)
48PROPOSED SUFFICIENT BRIEF filed by Amici Curiae NO/AIDS Task Force and Fenway Health [31] Date of service: 12/18/2024 via email - Attorney for Appellees: Beach, Greene, Pettit, Walters; Attorney for Amici Curiae: Costello, Lloyd, Maynard, Perkins, Reiter; Attorney for Appellants: Neumeister, Scarborough, Sherwood [24-40568] (Kevin Costello ) [Entered: 12/18/2024 10:40 AM]Open(opens another site)
49UNOPPOSED MOTION filed by Appellee State of Montana to extend time to file brief of appellee until 02/26/2025 [49]. [24-40568]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Appellee State of Texas to extend time to file brief of appellee until 02/26/2025 [49]. Date of service: 01/14/2025 via email - Attorney for Appellees: Beach, Greene, Pettit, Walters; Attorney for Appellants: Neumeister, Scarborough, Sherwood [24-40568] (Lanora Christine Pettit ) [Entered: 01/14/2025 01:40 PM]Open(opens another site)
50PROPOSED SUFFICIENT BRIEF filed by Center for Medicare Advocacy, Justice in Aging and SAGE in 24-40568 [32] Brief has been deemed sufficient. Additional number of copies provided: 0 Sufficient Brief deadline satisfied [24-40568] (RAJ) [Entered: 01/14/2025 03:10 PM]Open(opens another site)
54CLERK ORDER granting Motion to extend time to file appellees' brief filed by Appellees State of Montana and State of Texas [49]. Appellees' Brief due on 02/26/2025 for Appellees State of Montana and State of Texas. [24-40568] (SEP) [Entered: 01/15/2025 11:55 AM]Open(opens another site)
56LETTER filed by Ryan D. Walters advising of his withdrawal as counsel for Appellee State os Texas. Jacob Beach will continue to represent State of Texas [24-40568]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: LETTER filed by Appellee State of Texas Texas Withdrawal of Ryan D. Walters as Counsel. Date of Service: 01/31/2025 via email - Attorney for Appellees: Beach, Greene, Pettit, Walters; Attorney for Amici Curiae: Costello, Lloyd, Maynard, Perkins, Reiter; Attorney for Appellants: Neumeister, Scarborough; US mail - Attorney for Appellant: Sherwood [24-40568] (Ryan Daniel Walters ) [Entered: 01/31/2025 01:24 PM]Open(opens another site)
57APPEARANCE FORM for the court's review. Lead Counsel? No. [24-40568] (Kathleen Theresa Hunker ) [Entered: 01/31/2025 01:42 PM]Open(opens another site)
58APPEARANCE FORM FILED by Attorney(s) Kathleen Theresa Hunker for party(s) Appellee State of Texas, in case 24-40568 [24-40568] (SH) [Entered: 01/31/2025 03:09 PM]Open(opens another site)
60ATTORNEY NOT PARTICIPATING. Ryan D. Walters is designated as inactive in this case. Reason:Per letter filed 1/31/25. [24-40568] (RAJ) [Entered: 02/03/2025 10:49 AM]Open(opens another site)
62LETTER OF ADVISEMENT. Reason: Advising parties of the updated caption which should be used in all future filings. [24-40568] (SEP) [Entered: 02/13/2025 02:43 PM]Open(opens another site)
63UNOPPOSED MOTION filed by Appellees State of Montana and State of Texas to stay further proceedings in this court. Reason: To allow new officials sufficient time to become familiar with the issues in this case and determine how they wish to proceed. Date of service: 02/19/2025 [24-40568]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Appellants Centers for Medicare and Medicaid Services, HHS, Mr. Robert F. Kennedy, Jr., Secretary, U.S. Department of Health and Human Services and Ms. Melanie Fontes Rainer to stay further proceedings in this court. Reason: To allow new officials sufficient time to become familiar with the issues in this case and determine how they wish to proceed. Date of service: 02/19/2025 via email - Attorney for Appellees: Beach, Greene, Hunker, Pettit; Attorney for Amici Curiae: Costello, Lloyd, Maynard, Perkins, Reiter; Attorney for Appellants: Neumeister, Scarborough [24-40568] (McKaye Lea Neumeister ) [Entered: 02/19/2025 08:42 AM]Open(opens another site)
71UNOPPOSED MOTION filed by Appellees State of Montana and State of Texas to suspend briefing notice [71]. [24-40568]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Appellee State of Texas to suspend briefing notice dated 01/15/2025 [71]. Date of service: 02/25/2025 via email - Attorney for Appellees: Beach, Greene, Hunker, Pettit; Attorney for Amici Curiae: Costello, Lloyd, Maynard, Perkins, Reiter; Attorney for Appellants: Neumeister, Scarborough; US mail - Attorney for Appellant: Sherwood [24-40568] (Kathleen Theresa Hunker ) [Entered: 02/25/2025 03:43 PM]Open(opens another site)
72APPEARANCE FORM for the court's review. Lead Counsel? No. [24-40568] (Mark A. Csoros ) [Entered: 02/25/2025 05:07 PM]Open(opens another site)
77LETTER filed advising Lanora C. Pettit has left employment with the Office of the Attorney General. Assistant Solicitor General, Jacob Beach, will remain as counsel. [24-40568]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: LETTER filed by Appellee State of Texas Attorney Withdrawal - Lanora C. Pettit. Date of Service: 02/26/2025 via email - Attorney for Appellees: Beach, Greene, Hunker, Pettit; Attorney for Amici Curiae: Costello, Lloyd, Maynard, Perkins, Reiter; Attorney for Appellants: Neumeister, Scarborough; US mail - Attorney for Appellant: Sherwood [24-40568] (Jacob C. Beach ) [Entered: 02/26/2025 01:17 PM]Open(opens another site)