Documents in Franciscan Alliance, Inc. v. Burwell
Court documents in the archive for this case, each with the description the archive holds and a link to the original where there is one. Documents are listed by docket entry; an attachment sits under its entry, marked with the entry number and its own number (12-3 is the third attachment to entry 12). 185 documents.
| Entry | Date | Document | Pages | Open |
|---|---|---|---|---|
| 131 | Appendix in Support filed by American Civil Liberties Union of Texas, River City Gender Alliance re 129 MOTION to Intervene, 130 Brief/Memorandum in Support of Motion (Cohn, Kali) (Entered: 02/01/2019)Appendix in Support | 8 | View here · Original(opens another site)PDF, external | |
| 132 | MOTION for Summary Judgment filed by Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin (Attachments: # 1 Proposed Order, # 2 Proposed Final Judgment and Permanent Injunction) (Hacker, David) (Entered: 02/04/2019)Motion for Summary Judgment | 4 | View here · Original(opens another site)PDF, external | |
| 133 | Brief/Memorandum in Support filed by Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re 132 MOTION for Summary Judgment (Hacker, David) (Entered: 02/04/2019)Brief/Memorandum in Support of Motion | 55 | View here · Original(opens another site)PDF, external | |
| 134 | Appendix in Support filed by Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re 132 MOTION for Summary Judgment (Hacker, David) (Entered: 02/04/2019)Appendix in Support | 188 | View here · Original(opens another site)PDF, external | |
| 135 | MOTION for Summary Judgment filed by Christian Medical and Dental Society, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC (Attachments: # 1 Proposed Order) (Goodrich, Luke) (Entered: 02/04/2019)Motion for Summary Judgment | 4 | View here · Original(opens another site)PDF, external | |
| 135-1 | Proposed Order | 5 | View here · Original(opens another site)PDF, external | |
| 136 | Brief/Memorandum in Support filed by Christian Medical and Dental Society, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC re 135 MOTION for Summary Judgment (Goodrich, Luke) (Entered: 02/04/2019)Brief/Memorandum in Support of Motion | 64 | View here · Original(opens another site)PDF, external | |
| 137 | Appendix in Support filed by Christian Medical and Dental Society, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC re 136 Brief/Memorandum in Support of Motion, 135 MOTION for Summary Judgment (Goodrich, Luke) (Entered: 02/04/2019)Appendix in Support | 934 | View here · Original(opens another site)PDF, external | |
| 139 | OBJECTION filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re: 131 Appendix in Support (Hacker, David) (Entered: 02/25/2019)Response/Objection | 11 | View here · Original(opens another site)PDF, external | |
| 140 | RESPONSE filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas, State of Wisconsin re: 129 MOTION to Intervene (Hacker, David) (Entered: 02/25/2019)Response/Objection | 18 | View here · Original(opens another site)PDF, external | |
| 141 | RESPONSE filed by Thomas E. Price, U.S. Department of Health and Human Services re: 129 MOTION to Intervene (Martin, Rhett) (Entered: 02/25/2019)Response/Objection | 2 | View here · Original(opens another site)PDF, external | |
| 142 | NOTICE of Attorney Appearance by Lindsey Breton Kaley on behalf of American Civil Liberties Union of Texas, River City Gender Alliance. (Filer confirms contact info in ECF is current.) (Kaley, Lindsey) (Entered: 03/08/2019)Notice of Attorney Appearance | 2 | View here · Original(opens another site)PDF, external | |
| 154 | RESPONSE filed by Thomas E. Price, U.S. Department of Health and Human Services re: 135 MOTION for Summary Judgment, 132 MOTION for Summary Judgment (Martin, Rhett) (Entered: 04/05/2019)Response/Objection | 18 | View here · Original(opens another site)PDF, external | |
| 155 | RESPONSE filed by American Civil Liberties Union of Texas, River City Gender Alliance re: 135 MOTION for Summary Judgment, 132 MOTION for Summary Judgment (Block, Joshua) (Entered: 04/05/2019)Response/Objection | 58 | View here · Original(opens another site)PDF, external | |
| 157 | REPLY filed by Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas re: 132 MOTION for Summary Judgment (Hacker, David) (Entered: 05/03/2019)Reply | 35 | View here · Original(opens another site)PDF, external | |
| 158 | REPLY filed by Christian Medical and Dental Society, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC re: 135 MOTION for Summary Judgment (Goodrich, Luke) (Entered: 05/03/2019)Reply | 35 | View here · Original(opens another site)PDF, external | |
| 159 | NOTICE of Proposed Rulemaking filed by Thomas E. Price, U.S. Department of Health and Human Services (Attachments: # 1 Exhibit(s)) (Martin, Rhett) (Entered: 05/31/2019)Notice (Other) | 3 | View here · Original(opens another site)PDF, external | |
| 160 | RESPONSE filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas re: 159 Notice (Other) (Goodrich, Luke) (Entered: 06/06/2019)Response/Objection | 9 | View here · Original(opens another site)PDF, external | |
| 161 | ORDER: The Court hereby ORDERS Defendants to submit a reply to the response 160 on or before June 12, 2019. (Ordered by Judge Reed C. O'Connor on 6/7/2019) (skg) (Entered: 06/07/2019)Order Setting Deadline/Hearing | 1 | View here · Original(opens another site)PDF, external | |
| 163 | REPLY filed by Thomas E. Price, U.S. Department of Health and Human Services re: 161 Order Setting Deadline/Hearing (Humphreys, Bradley) (Entered: 06/12/2019)Reply | 6 | View here · Original(opens another site)PDF, external | |
| 164 | ORDER: The Court hereby ORDERS Plaintiffs and Defendants to submit briefing on this issue on or before August 12, 2019. Putative Intervenors are ORDERED to respond on or before August 14, 2019. (Ordered by Judge Reed C. O'Connor on 8/7/2019) (skg) (Entered: 08/07/2019)Order Setting Deadline/Hearing | 2 | View here · Original(opens another site)PDF, external | |
| 165 | Brief/Memorandum in Support filed by Christian Medical and Dental Society, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas re 164 Order Setting Deadline/Hearing, (Goodrich, Luke) (Entered: 08/12/2019)Brief/Memorandum in Support of Motion | 6 | View here · Original(opens another site)PDF, external | |
| 166 | RESPONSE filed by Thomas E. Price, U.S. Department of Health and Human Services re: 164 Order Setting Deadline/Hearing, (Humphreys, Bradley) (Entered: 08/12/2019)Response/Objection | 3 | View here · Original(opens another site)PDF, external | |
| 167 | Brief/Memorandum in Support filed by American Civil Liberties Union of Texas, River City Gender Alliance re 164 Order Setting Deadline/Hearing, (Kaley, Lindsey) (Entered: 08/14/2019)Brief/Memorandum in Support of Motion | 6 | View here · Original(opens another site)PDF, external | |
| 168 | ORDER: The Court sets this matter for a hearing on Monday, September 16, 2019, at 10:00 a.m. in the Second Floor Courtroom of the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas. (Ordered by Judge Reed C. O'Connor on 9/10/2019) (skg) (Entered: 09/10/2019)Order Setting Deadline/Hearing | 1 | View here · Original(opens another site)PDF, external | |
| 172 | Unopposed MOTION to Substitute Attorney, added attorney Michael Christopher Toth,William Thomas Thompson for State of Nebraska,William Thomas Thompson for Commonwealth of Kentucky, by and through Governor Matthew G. Bevin,William Thomas Thompson for State of Mississippi,William Thomas Thompson for State of Kansas,William Thomas Thompson for State of Texas,William Thomas Thompson for State of Arizona,William Thomas Thompson for State of Louisiana. Motion filed by State of Nebraska, Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, State of Mississippi, State of Kansas, State of Texas, State of Arizona, State of Louisiana (Attachments: # 1 Proposed Order) (Toth, Michael) (Entered: 09/13/2019)Motion to Substitute Attorney | 4 | View here · Original(opens another site)PDF, external | |
| 175 | MEMORANDUM OPINION AND ORDER: For the foregoing reasons, the Court finds that Putative Intervenors' Motion to Intervene (ECF No. 129 ) should be and is hereby GRANTED. The Court also finds that Plaintiffs' Motions for Summary Judgment and Permanent Injunction (ECF Nos. 132, 135 ) should be and are hereby GRANTED in part. The Court SEVERS Plaintiffs' APA and RFRA claims from their Title VII, Spending Clause, First Amendment, Tenth Amendment, and Eleventh Amendment claims. The Court ADOPTS its prior reasoning from the preliminary injunction (ECF No. 62 ) and now HOLDS that the Rule violates the APA and RFRA. Accordingly, the Court VACATES and REMANDS the Rule for further consideration. (Ordered by Judge Reed C. O'Connor on 10/15/2019) (skg) (Entered: 10/15/2019)Memorandum Opinion and Order | 25 | View here · Original(opens another site)PDF, external | |
| 176 | FINAL JUDGMENT: The Court SEVERS Plaintiffs' APA and RFRA claims from their Title VII, Spending Clause, First Amendment, Tenth Amendment, and Eleventh Amendment claims. The Court ADOPTS the reasoning from its December 31, 2016 Order granting Plaintiffs' request for a preliminary injunction (ECF No. 62 ) and now HOLDS that Nondiscrimination in Health Programs & Activities ("the Rule"), 81 Fed. Reg. 31376 (May 18, 2016), codified at 45 C.F.R. § 92, violates the APA and RFRA and enters this Final Judgment on those claims. Accordingly, the Court VACATES and REMANDS the Rule for further consideration. (Ordered by Judge Reed C. O'Connor on 10/15/2019) (skg) (Entered: 10/15/2019)Judgment | 1 | View here · Original(opens another site)PDF, external | |
| 177 | ORDER: The Court now STAYS the case involving Plaintiffs' Title VII, Spending Clause, First Amendment, Tenth Amendment, and Eleventh Amendment pending notice by the parties that these claims should go forward. The case shall be administratively closed until further order from the Court. (Ordered by Judge Reed C. O'Connor on 10/15/2019) (skg) (Entered: 10/15/2019)Order of Dismissal or Administrative Closure | 1 | View here · Original(opens another site)PDF, external | |
| 178 | MOTION to Amend/Correct 176 Judgment,, filed by Thomas E. Price, U.S. Department of Health and Human Services with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Humphreys, Bradley) (Entered: 11/12/2019)Motion to Amend/Correct | 5 | View here · Original(opens another site)PDF, external | |
| 180 | RESPONSE filed by Commonwealth of Kentucky, by and through Governor Matthew G. Bevin, State of Arizona, State of Kansas, State of Louisiana, State of Mississippi, State of Nebraska, State of Texas re: 178 MOTION to Amend/Correct 176 Judgment,, (Thompson, William) (Entered: 11/20/2019)Response/Objection | 3 | View here · Original(opens another site)PDF, external | |
| 181 | RESPONSE filed by Christian Medical and Dental Society, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC re: 178 MOTION to Amend/Correct 176 Judgment,, (Goodrich, Luke) (Entered: 11/20/2019)Response/Objection | 2 | View here · Original(opens another site)PDF, external | |
| 182 | ORDER: Having considered the Defendants' motion and Plaintiffs' responses, the GRANTS in part the motion and MODIFIES the Final Judgment (ECF No. 176 ), filed October 15, 2019, to confirm that, consistent with the Court's discussion in the accompanying Memorandum Opinion and Order (ECF No. 175 ), the Court vacates only the portions of the Rule that Plaintiffs challenged in this litigation. Specifically, the Court VACATES the Rule insofar as the Rule defines "On the basis of sex" to include gender identity and termination of pregnancy, and the Court REMANDS for further consideration. The remainder of 45 C.F.R. § 92 remains in effect. (Ordered by Judge Reed C. O'Connor on 11/21/2019) (skg) (Entered: 11/21/2019)Order on Motion to Amend/Correct | 2 | View here · Original(opens another site)PDF, external | |
| 183 | JUDGMENT/MANDATE of USCA as to 72 Notice of Appeal filed by River City Gender Alliance, American Civil Liberties Union of Texas. Under FED. R. APP. P. 42(b), the appeal is dismissed as of December 06, 2019, pursuant to the joint motion of the parties. Issued as Mandate: 12/6/2019. (Attachments: # 1 USCA5 cover letter) (skg) (Entered: 12/06/2019)USCA Judgment/Mandate | 2 | View here · Original(opens another site)PDF, external | |
| 184 | MOTION Set Deadline for Filing Petition for Fees and Expenses filed by Christian Medical and Dental Society, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Goodrich, Luke) (Entered: 01/17/2020)Motion for Miscellaneous Relief | 12 | View here · Original(opens another site)PDF, external | |
| 185 | NOTICE OF APPEAL as to 176 Judgment,, 175 Memorandum Opinion and Order,,,, Terminate Motions,,, 182 Order on Motion to Amend/Correct,, to the Fifth Circuit by Christian Medical and Dental Society, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC. Filing fee $505, receipt number 0539-10560516. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Goodrich, Luke) (Entered: 01/21/2020)Notice of Appeal | 3 | View here · Original(opens another site)PDF, external | |
| 186 | Notice of Filing of Official Electronic Transcript of Preliminary Injunction Proceedings held on 12-20-2016 before Judge Reed C. O'Connor. Court Reporter/Transcriber Denver B. Roden, RMR, RPR, Telephone number [telephone number removed]. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. § 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (109 pages) Redaction Request due 2/27/2020. Redacted Transcript Deadline set for 3/9/2020. Release of Transcript Restriction set for 5/6/2020. (dbr) (Entered: 02/06/2020)Transcript | 110 | View here · Original(opens another site)PDF, external | |
| 187 | RESPONSE filed by Thomas E. Price, River City Gender Alliance, U.S. Department of Health and Human Services re: 184 MOTION Set Deadline for Filing Petition for Fees and Expenses (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s)) (Humphreys, Bradley) (Entered: 02/07/2020)Response/Objection | 8 | View here · Original(opens another site)PDF, external | |
| 187-1 | Exhibit(s) | 4 | View here · Original(opens another site)PDF, external | |
| 187-2 | Exhibit(s) | 5 | View here · Original(opens another site)PDF, external | |
| 187-3 | Exhibit(s) | 5 | View here · Original(opens another site)PDF, external | |
| 188 | Transcript Order Form: transcript not requested Reminder to appellant: this document must also be filed with the appeals court. (Davis, Joseph) (Entered: 02/10/2020)Transcript Requested/Not Requested | 1 | View here · Original(opens another site)PDF, external | |
| 189 | MOTION to Withdraw as Attorney filed by Amy Anne Miller. (Attachments: # 1 Proposed Order) (skg) (Entered: 02/18/2020)Motion to Withdraw as Attorney | 5 | View here · Original(opens another site)PDF, external | |
| 190 | ORDER granting 189 Motion to Withdraw as Attorney. Attorney Amy Anne Miller terminated. (Ordered by Judge Reed C. O'Connor on 2/20/2020) (skg) (Entered: 02/20/2020)Order on Motion to Withdraw as Attorney | 1 | View here · Original(opens another site)PDF, external | |
| 191 | REPLY filed by Christian Medical and Dental Society, Franciscan Alliance, Inc., Specialty Physicians of Illinois, LLC re: 184 MOTION Set Deadline for Filing Petition for Fees and Expenses (Goodrich, Luke) (Entered: 02/21/2020)Reply | 10 | View here · Original(opens another site)PDF, external | |
| 193 | ORDER granting 184 Plaintiffs Franciscan Alliance, Inc.'s, Christian Medical and Dental Society's, Specialty Physicians of Illinois, LLC's Motion to Set Deadline for Filing Petition for Fees and Expenses. The Court further ORDERS the Private Plaintiffs to file a petition for attorneys' fees and expenses by 30 days after the final resolution of all claims. (Ordered by Judge Reed C. O'Connor on 4/21/2020) (skg) (Entered: 04/21/2020)Order on Motion for Miscellaneous Relief | 11 | View here · Original(opens another site)PDF, external | |
| 194 | ORDER...On April 15, 2021, the Fifth Circuit remanded this case for further proceedings. Accordingly, the Court DIRECTS the parties to file a joint status report on or before April 22, 2021, detailing how they believe the case should proceed. (Ordered by Judge Reed C. O'Connor on 4/15/2021) (wxc) (Entered: 04/15/2021)Order Setting Deadline/Hearing | 1 | View here · Original(opens another site)PDF, external | |
| 195 | Received letter from United States Court of Appeals Fifth Circuit 20-10093. Enclosed is a copy of the judgment issued as the mandate and a copy of the courts opinion. (tle) (Entered: 04/22/2021)Letter | 2 | View here · Original(opens another site)PDF, external | |
| 196 | JUDGMENT/MANDATE of USCA 20-10093 as to 185 Notice of Appeal, filed by Specialty Physicians of Illinois, LLC, Franciscan Alliance, Inc., Christian Medical and Dental Society. IT IS ORDERED and ADJUDGED that the case is REMANDED for further proceedings... IT IS FURTHER ORDERED that each party bear its own costs on appeal. Issued as Mandate: 4/22/2021. (tle) (Entered: 04/22/2021)USCA Judgment/Mandate | 2 | View here · Original(opens another site)PDF, external | |
| 197 | Opinion of USCA 20-10093 in accordance with USCA judgment re 185 Notice of Appeal, filed by Specialty Physicians of Illinois, LLC, Franciscan Alliance, Inc., Christian Medical and Dental Society. We REMAND for further proceedings. If a party to this case later files a notice of appeal, the appeal shall return to this panel. (tle) (Entered: 04/22/2021)Opinion of USCA | 4 | View here · Original(opens another site)PDF, external |