State of Texas V United States, TXND 7-15-Cv-151-O, DOCKET REPORT

Case: 7:15-cv-00151-O As of: 08/26/2018 04:17 PM CDT 1 of 14
APPEAL,STAYED
U.S. District Court
Northern District of Texas (Wichita Falls)
CIVIL DOCKET FOR CASE #: 7:15−cv−00151−O
State of Texas v. United States of America Date Filed: 10/22/2015

Assigned to: Judge Reed C. O'Connor Jury Demand: None
Case in other court: USCA5, 18−10545 Nature of Suit: 870 Federal Tax Suits:
Cause: 28:1331 Fed. Question Taxes (US Plaintiff or Defendant)
Jurisdiction: U.S. Government Defendant
Plaintiff
State of Texas represented by Thomas A Albright
Office of the Attorney General of Texas
PO Box 12548
Capitol Station
300 W 15th Street, 11th Floor
Austin, TX 78711−2548
512/463−2120
Fax: 512/320−0667
Email: thomas.albright@texasattorneygeneral.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Andrew D Leonie
Office of Attorney General
PO Box 12548
Capitol Station
Austin, TX 78711−2548
512−475−3281
Email: andrew.leonie@texasattorneygeneral.gov
Austin Nimocks
209 West 14th Street
8th Floor
Austin, TX 78701
512−936−2902
Fax: 512−936−0545
Email: austin.nimocks@oag.texas.gov
Michael Christopher Toth

209 W 14th Street
8th Floor
Austin, TX 78701
512−936−0631
Fax: 512−936−0545
Email: michael.toth@oag.texas.gov
Plaintiff
State of Kansas represented by Thomas A Albright
(See above for address)
LEAD ATTORNEY
Andrew D Leonie
Austin Nimocks
Plaintiff
State of Louisiana represented by Thomas A Albright
LEAD ATTORNEY
Andrew D Leonie
Austin Nimocks
Plaintiff
State of Indiana represented by Thomas A Albright
LEAD ATTORNEY
Andrew D Leonie
Austin Nimocks
Plaintiff
State of Wisconsin represented by Thomas A Albright
LEAD ATTORNEY
Andrew D Leonie
Austin Nimocks
Plaintiff
State of Nebraska represented by Thomas A Albright
LEAD ATTORNEY
Andrew D Leonie
Austin Nimocks
V.
Defendant
David J Kautter represented by Deepthy Kishore
In his Official Capacity as Acting US Department of Justice
Commissioner of the Internal Revenue Civil Division, Federal Programs Branch
Service 20 Massachusetts Ave NW
Washington, DC 20001
202−616−4448
Email: deepthy.c.kishore@usdoj.gov
LEAD ATTORNEY
Julie Straus Harris

US Dept of Justice Civil Div Federal
Programs Branch
20 Massachusetts Avenue NW
202−353−7633
Fax: 202−616−8460
Email: Julie.StrausHarris@usdoj.gov
LEAD ATTORNEY
Rohit Dwarka Nath

US Department of Justice
Federal Programs Branch
20 Massachusetts Ave NW
Room 6109
202−616−8098
Fax: 202−616−8470
Email: rohit.d.nath@usdoj.gov
LEAD ATTORNEY
Michelle Bennett − DOJ

U.S. Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave NW
202−305−8902
Fax: 202−616−8470
Email: michelle.bennett@usdoj.gov
Sheila Lieber
US Department of Justice
20 Massachusetts Ave
202−514−3786
Email: Sheila.Lieber@usdoj.gov
Defendant
United States of America represented by Deepthy Kishore
LEAD ATTORNEY
Julie Straus Harris

LEAD ATTORNEY
Rohit Dwarka Nath

LEAD ATTORNEY

Sheila Lieber
Defendant
United States Department of Health & represented by Deepthy Kishore
Human Services (See above for address)
LEAD ATTORNEY
Julie Straus Harris

LEAD ATTORNEY
Rohit Dwarka Nath

LEAD ATTORNEY

Sheila Lieber
Defendant
United States Internal Revenue represented by Deepthy Kishore
Service (See above for address)
LEAD ATTORNEY
Julie Straus Harris

LEAD ATTORNEY
Rohit Dwarka Nath

LEAD ATTORNEY

Sheila Lieber
Defendant
Don J. Wright, M.D. represented by Deepthy Kishore
In his Official Capacity as Acting (See above for address)
Secretary of Health and Human Services LEAD ATTORNEY
Julie Straus Harris

LEAD ATTORNEY
Rohit Dwarka Nath

LEAD ATTORNEY

Sheila Lieber
Date Filed # Docket Text

10/22/2015 1 COMPLAINT against All Defendants filed by State of Texas, State of Kansas, State of
Louisiana. (Filing fee $400; Receipt number 0539−7136981) Clerk to issue
summons(es). In each Notice of Electronic Filing, the judge assignment is indicated,
and a link to the Judges Copy Requirements is provided. The court reminds the filer
that any required copy of this and future documents must be delivered to the judge, in
the manner prescribed, within three business days of filing. Unless exempted,
attorneys who are not admitted to practice in the Northern District of Texas must seek
admission promptly. Forms, instructions, and exemption information may be found at
www.txnd.uscourts.gov, or by clicking here: Attorney Information − Bar
Membership. If admission requirements are not satisfied within 21 days, the clerk will
notify the presiding judge. (Attachments: # 1 Cover Sheet) (Albright, Thomas)
(Entered: 10/22/2015)
10/22/2015 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by
State of Kansas, State of Louisiana, State of Texas. (Albright, Thomas) (Entered:
10/22/2015)
10/22/2015 3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is
provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge
(Judge Roach). Clerk to provide copy to plaintiff if not received electronically. (plp)
(Entered: 10/22/2015)
10/22/2015 4 Summons issued as to All Defendants, U.S. Attorney, and U.S. Attorney General. (plp)
(Entered: 10/22/2015)
11/10/2015 5 AFFIDAVIT of Service for Summons & Complaint was served on Sylvia Burwell on
11/09/15 at 1 p.m.. (Albright, Thomas) (Entered: 11/10/2015)
11/10/2015 6 AFFIDAVIT of Service for Summons & Complaint was served on John Koskinen on
11/09/15 at 1 p.m.. (Albright, Thomas) (Entered: 11/10/2015)
11/10/2015 7 AFFIDAVIT of Service for Summons & Complaint was served on US Dept of Health
& Human Services on 11/09/15 at 1 p.m.. (Albright, Thomas) (Entered: 11/10/2015)
11/10/2015 8 AFFIDAVIT of Service for Summons & Complaint was served on United States of
America on 11/09/15 at 1 p.m.. (Albright, Thomas) (Entered: 11/10/2015)
11/13/2015 9 AFFIDAVIT of Service for Return of Service was served on Internal Revenue Service
on 11/09/2015 at 1 p.m.. (Albright, Thomas) (Entered: 11/13/2015)
12/17/2015 10 NOTICE of Attorney Appearance by Sheila Lieber−DOJ on behalf of Sylvia Burwell,
John Koskinen, United States Department of Health & Human Services, United States
Internal Revenue Service, United States of America. (Filer confirms contact info in
ECF is current.) (Lieber−DOJ, Sheila) (Entered: 12/17/2015)
12/17/2015 11 Unopposed Motion for Extension of Time to File Answer filed by Sylvia Burwell,
Internal Revenue Service, United States of America (Attachments: # 1 Proposed
Order) (Lieber−DOJ, Sheila) (Entered: 12/17/2015)
12/18/2015 12 ORDER: Before the Court is Defendants' Unopposed Motion for Extension of Time to
Respond to Plaintiffs' Complaint (ECF No. 11), filed December 17, 2015. The Court
finds that the motion is well−taken and should be and is hereby GRANTED.
Accordingly, it is ORDERED that Defendants' deadline to respond to Plaintiffs'
Complaint is set to be on or before January 27, 2016. (Ordered by Judge Reed C
O'Connor on 12/18/2015) (trt) (Entered: 12/18/2015)
01/20/2016 13 NOTICE of Attorney Appearance by Rohit Dwarka Nath−DOJ on behalf of Sylvia
Burwell, John Koskinen, United States Department of Health & Human Services,
United States Internal Revenue Service, United States of America. (Filer confirms
contact info in ECF is current.) (Nath−DOJ, Rohit) (Entered: 01/20/2016)
01/27/2016 14 Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of
Jurisdiction () filed by Sylvia Burwell, John Koskinen, United States Department of
Health & Human Services, United States Internal Revenue Service, United States of
America (Attachments: # 1 Proposed Order) (Nath−DOJ, Rohit) (Entered: 01/27/2016)
01/27/2016 15 Brief/Memorandum in Support filed by Sylvia Burwell, John Koskinen, United States
Department of Health & Human Services, United States Internal Revenue Service,
United States of America re 14 Motion to Dismiss for Failure to State a Claim
MOTION to Dismiss for Lack of Jurisdiction (Nath−DOJ, Rohit) (Entered:
01/27/2016)
01/28/2016 16 ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR
CONTENTS OF SCHEDULING ORDER: Lead counsel for each party (or a designee
attorney with appropriate authority) and any unrepresented party (except for a prisoner
litigant proceeding pro se) shall confer (the "Scheduling Conference") as soon as
practicable, but in any event no later than February 11, 2016. As a result of the
Scheduling Conference, counsel shall prepare and submit a Report Regarding Contents
of Scheduling Order ("Joint Report"). The Joint Report shall be filed on or before
February 25, 2016. (Ordered by Judge Reed C O'Connor on 1/28/2016) (plp) (Entered:
01/28/2016)
02/11/2016 17 Unopposed MOTION to Extend Time unopposed filed by State of Kansas, State of
Louisiana, State of Texas (Attachments: # 1 Proposed Order) (Albright, Thomas)
(Entered: 02/11/2016)
02/12/2016 18 ORDER granting 17 Motion for Extension of Time and Scheduling Request. It is
ORDERED that Plaintiffs' deadline to answer or otherwise respond to Defendants'
Motion to Dismiss is extended to February 29, 2016. It is FURTHER ORDERED that
Plaintiffs' deadline to file an Amended Complaint is extended to February 24, 2016. It
is FURTHER ORDERED that within five days of Plaintiffs filing their Amended
Complaint, that Defendants will withdraw their Motion to Dismiss Plaintiffs'
Complaint (ECF No. 14), and the parties will submit to the Court a joint briefing
schedule on the filing and briefing of Defendants' renewed Motion to Dismiss, in
response to Plaintiffs Amended Complaint. (Ordered by Judge Reed C O'Connor on
2/12/2016) (ewd) (Entered: 02/12/2016)
02/24/2016 19 AMENDED COMPLAINT for Declaratory, Injunctive, and Monetary Relief against
All Defendants filed by State of Texas, State of Louisiana, State of Kansas. Unless
exempted, attorneys who are not admitted to practice in the Northern District of Texas
must seek admission promptly. Forms, instructions, and exemption information may
be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information − Bar
Membership. If admission requirements are not satisfied within 21 days, the clerk will
notify the presiding judge. (Albright, Thomas) (Entered: 02/24/2016)
02/25/2016 20 Proposal for contents of scheduling and discovery order Joint Report by State of
Kansas, State of Louisiana, State of Texas. (Albright, Thomas) (Entered: 02/25/2016)
02/29/2016 21 NOTICE of Joint Proposal for Briefing Schedule filed by Sylvia Burwell, John
Koskinen, State of Indiana, State of Kansas, State of Louisiana, State of Nebraska,
State of Texas, State of Wisconsin, United States Department of Health & Human
Services, United States Internal Revenue Service, United States of America
(Attachments: # 1 Proposed Order) (Nath−DOJ, Rohit) (Entered: 02/29/2016)
02/29/2016 22 NOTICE of Withdrawal of Defendants' Motion to Dismiss Plaintiffs' Complaint re: 14
Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of
Jurisdiction , 15 Brief/Memorandum in Support of Motion, filed by Sylvia Burwell,
Internal Revenue Service, United States of America (Nath−DOJ, Rohit) (Entered:
02/29/2016)
03/02/2016 23 SCHEDULING ORDER: Joinder of Parties due by 4/26/2016. Amended Pleadings
due by 4/26/2016. Dispositive Motions due by 12/5/2016. Deadline for mediation is on
or before 10/5/2016. Discovery due by 11/4/2016. Pretrial Order due by 3/9/2017. This
case is set for trial on this Court's four−week docket beginning 4/3/2017 in US
Courthouse, Courtroom 222, 1000 Lamar Street, Wichita Falls, TX 76301−3431
before Judge Reed C O'Connor. (Ordered by Judge Reed C O'Connor on 3/2/2016)
(trt) (Entered: 03/02/2016)
03/04/2016 24 MOTION Clarification regarding Joint Proposal for Briefing Schedule re 21 Notice
(Other), 23 Scheduling Order,, filed by Sylvia Burwell, John Koskinen, State of
Indiana, State of Kansas, State of Louisiana, State of Nebraska, State of Texas, State of
Wisconsin, United States Department of Health & Human Services, United States
Order) (Nath−DOJ, Rohit) (Entered: 03/04/2016)
03/07/2016 25 ORDER: Before the Court is the parties' Joint Motion for Clarification (ECF No. 24 ),
filed March 4, 2016. While the Court issued a Scheduling Order for this case (ECF No.
23 ), the parties seek clarification on whether they may proceed according to the dates
in their Joint Proposal for Briefing Schedule (ECF No. 21 ) regarding Defendants'
anticipated motion to dismiss. The Court finds that the motion is well−taken, and
should be and is hereby GRANTED. Accordingly, it is ORDERED that Defendants'
renewed motion to dismiss be filed on or before April 4, 2016. It is FURTHER
ORDERED that Plaintiffs' response be filed on or beforeApril 25, 2016. It is
FURTHER ORDERED That Defendants' reply be filed on or before May 16, 2016.
(Ordered by Judge Reed C O'Connor on 3/7/2016) (plp) (Entered: 03/07/2016)
04/01/2016 26 Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of
Jurisdiction () filed by Sylvia Burwell, John Koskinen, United States Department of
America (Attachments: # 1 Proposed Order) (Nath−DOJ, Rohit) (Entered: 04/01/2016)
United States of America re 26 Motion to Dismiss for Failure to State a Claim
MOTION to Dismiss for Lack of Jurisdiction (Nath−DOJ, Rohit) (Entered:
04/01/2016)
04/04/2016 28 NOTICE of Attorney Appearance by Julie Straus Harris−DOJ on behalf of Sylvia
contact info in ECF is current.) (Straus Harris−DOJ, Julie) (Entered: 04/04/2016)
04/25/2016 29 RESPONSE filed by State of Indiana, State of Kansas, State of Louisiana, State of
Nebraska, State of Texas, State of Wisconsin re: 26 Motion to Dismiss for Failure to
State a Claim MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1
Exhibit(s)) (Albright, Thomas) (Entered: 04/25/2016)
05/13/2016 30 MOTION for Extension of Time to File Response/Reply to 27 Brief/Memorandum in
Support of Motion, 26 Motion to Dismiss for Failure to State a Claim MOTION to
Dismiss for Lack of Jurisdiction , 29 Response/Objection, filed by Sylvia Burwell,
Internal Revenue Service, United States of America (Straus Harris−DOJ, Julie)
(Entered: 05/13/2016)
05/16/2016 31 ORDER granting 30 Motion to Extend Time to File Response/Reply. Accordingly, it
is ORDERED that Defendants' deadline to file their Reply in support of their Motion
to Dismiss is extended to May 18, 2016. (Ordered by Judge Reed C O'Connor on
5/16/2016) (baa) (Entered: 05/16/2016)
05/18/2016 32 REPLY filed by Sylvia Burwell, John Koskinen, United States Department of Health
& Human Services, United States Internal Revenue Service, United States of America
re: 26 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of
Jurisdiction (Straus Harris−DOJ, Julie) (Entered: 05/18/2016)
08/01/2016 33 First MOTION to Extend Time Stay scheduling order and reset deadlines, if necessary
filed by State of Indiana, State of Kansas, State of Louisiana, State of Nebraska, State
of Texas, State of Wisconsin (Attachments: # 1 Proposed Order Proposed
Order)Attorney Austin R Nimocks added to party State of Indiana(pty:pla), Attorney
Austin R Nimocks added to party State of Kansas(pty:pla), Attorney Austin R
Nimocks added to party State of Louisiana(pty:pla), Attorney Austin R Nimocks
added to party State of Nebraska(pty:pla), Attorney Austin R Nimocks added to party
State of Texas(pty:pla), Attorney Austin R Nimocks added to party State of
Wisconsin(pty:pla) (Nimocks, Austin) (Entered: 08/01/2016)
08/04/2016 34 MEMORANDUM OPINION AND ORDER: Defendants' Motion to Dismiss
Plaintiffs' Amended Complaint (ECF No. 26 ) is GRANTED in part and DENIED in
part. In summary, Defendants' Motion is: (1) DENIED as to Count One; (2) DENIED
as to Count Two; (3) DENIED as to Count Three; (4) DENIED as to Count Four; (5)
DEFERRED in part and DENIED in part as to Count Five; (6) DENIED as to Count
Six; (7) GRANTED as to Count Seven; (8) DENIED as to Count Eight; (9) DENIED
as to Count Nine; and (10) GRANTED in part and DENIED in part as to Count Ten.
(Ordered by Judge Reed C O'Connor on 8/4/2016) (baa) (Entered: 08/04/2016)
08/04/2016 35 ORDER: Plaintiffs' Unopposed Motion to Continue Deadlines (ECF No. 33 ) is
DENIED as moot. (Ordered by Judge Reed C O'Connor on 8/4/2016) (baa) (Entered:
08/04/2016)
08/08/2016 36 First MOTION to Extend Time Alter deadlines filed by State of Indiana, State of
Kansas, State of Louisiana, State of Nebraska, State of Texas, State of Wisconsin
(Attachments: # 1 Proposed Order Proposed Order on Plaintiff's Unopposed Motion to
Alter Deadlines) (Nimocks, Austin) (Entered: 08/08/2016)
08/09/2016 37 ORDER: Plaintiffs' Unopposed Motion to Alter Deadlines (ECF No. 36 ), is
GRANTED. Accordingly, it is ORDERED that the Initial Expert Designation &
Report deadline is extended to September 13, 2016, the Responsive Expert
Designation & Report is extended to October 11, 2016; and the Rebuttal Expert
Designation is scheduled for 17 days after disclosure by the other party. (Ordered by
Judge Reed C O'Connor on 8/9/2016) (baa) (Entered: 08/09/2016)
09/06/2016 38 NOTICE of Attorney Appearance by Andrew D Leonie on behalf of State of Indiana,
State of Kansas, State of Louisiana, State of Nebraska, State of Texas, State of
Wisconsin. (Filer confirms contact info in ECF is current.) (Leonie, Andrew) (Entered:
09/06/2016)
09/13/2016 39 Designation of Experts by State of Indiana, State of Kansas, State of Louisiana, State
of Nebraska, State of Texas, State of Wisconsin. (Nimocks, Austin) (Entered:
09/13/2016)
09/21/2016 40 Unopposed Motion for Extension of Time to File Answer Nunc Pro Tunc filed by
Sylvia Burwell, John Koskinen, United States Department of Health & Human
Services, United States Internal Revenue Service, United States of America
(Attachments: # 1 Proposed Order) (Straus Harris−DOJ, Julie) (Entered: 09/21/2016)
09/22/2016 41 ORDER: Defendants' Unopposed Motion for Extension of Time Nunc Pro Tunc to
File a Responsive Pleading (ECF No. 40 should be and is hereby GRANTED.
Accordingly, it is ORDERED that the deadline for Defendants to file a responsive
pleading is extended to September 28, 2016. (Ordered by Judge Reed C O'Connor on
9/22/2016) (baa) (Entered: 09/22/2016)
09/23/2016 42 NOTICE of Attorney Appearance by Michael Christopher Toth on behalf of State of
Indiana, State of Kansas, State of Louisiana, State of Nebraska, State of Texas, State of
Wisconsin. (Filer confirms contact info in ECF is current.) (Toth, Michael) (Entered:
09/23/2016)
09/28/2016 43 ANSWER to 19 Amended Complaint,, filed by Sylvia Burwell, John Koskinen, United
States Department of Health & Human Services, United States Internal Revenue
Service, United States of America. Unless exempted, attorneys who are not admitted to
practice in the Northern District of Texas must seek admission promptly. Forms,
instructions, and exemption information may be found at www.txnd.uscourts.gov, or
by clicking here: Attorney Information − Bar Membership. If admission requirements
are not satisfied within 21 days, the clerk will notify the presiding judge. (Straus
Harris−DOJ, Julie) (Entered: 09/28/2016)
10/07/2016 44 Unopposed MOTION to Extend Time Unopposed Motion to Modify Scheduling
Orders filed by Sylvia Burwell, John Koskinen, United States Department of Health &
Human Services, United States Internal Revenue Service, United States of America
10/11/2016 45 ORDER granting in part and denying in part 44 Motion to Extend Time. Discovery
extended and due by 12/23/2016; Defendants' Responsive Expert Designation &
Report extended and due by 10/21/2016; Plaintiffs' Rebuttal Expert Designations
extended and due by 11/18/2016; Deadline for Defendants to file administrative record
due by 12/05/2016; Deadline for parties to file proposed briefing schedule for
cross−motions for summary judgement due by 12/09/2016. The remaining deadlines in
the Court's scheduling orders (ECF Nos. 23, 37), are otherwise unaffected by the
extensions stated above. (Ordered by Judge Reed C O'Connor on 10/11/2016) (baa)
(Entered: 10/12/2016)
10/21/2016 46 Designation of Experts by Sylvia Burwell, John Koskinen, United States Department
of Health & Human Services, United States Internal Revenue Service, United States of
America. (Straus Harris−DOJ, Julie) (Entered: 10/21/2016)
10/21/2016 47 Designation of Experts by Sylvia Burwell, John Koskinen, United States Department
America. (Straus Harris−DOJ, Julie) (Entered: 10/21/2016)
10/27/2016 48 NOTICE of Attorney Appearance by Deepthy Kishore on behalf of Sylvia Burwell,
Internal Revenue Service, United States of America. (Filer confirms contact info in
ECF is current.) (Kishore, Deepthy) (Entered: 10/27/2016)
11/18/2016 49 Designation of Experts by State of Indiana, State of Kansas, State of Louisiana, State
of Nebraska, State of Texas, State of Wisconsin. (Nimocks, Austin) (Entered:
11/18/2016)
12/05/2016 50 NOTICE of Filing of Administrative Record Certification & Index, and Administrative
Record filed by Sylvia Burwell, John Koskinen, United States Department of Health &
Human Services, United States Internal Revenue Service, United States of America
(Attachments: # 1 Administrative Record Certification and Index, # 2 Administrative
Record − Part I of II, # 3 Administrative Record − Part II of II) (Kishore, Deepthy)
(Entered: 12/05/2016)
12/09/2016 51 Proposal for contents of scheduling and discovery order (JOINT − ALL PARTIES) by
State of Indiana, State of Kansas, State of Louisiana, State of Nebraska, State of Texas,
State of Wisconsin. (Nimocks, Austin) (Entered: 12/09/2016)
12/13/2016 52 ORDER: The Parties' Joint Proposed Briefing Schedule and Joint Motion to Continue
Subsequent Deadlines is GRANTED. Plaintiffs' Motion for Summary Judgment due
January 6, 2017; Defendants' Motion for Summary Judgment and Response to
Plaintiffs' Motion for Summary Judgment due February 3, 2017; Plaintiffs' Reply in
Support of Summary Judgment and Response to Defendants' Motion for Summary
Judgment due February 24, 2017; Defendants' Reply in Support of Summary Judgment
due March 13, 2017 and; Expert Objection Deadline March 13, 2017. All other
deadlines are hereby STAYED unless and until the Court determines they are
necessary. (Ordered by Judge Reed C O'Connor on 12/13/2016) (skg) (Entered:
12/13/2016)
12/13/2016 Additional deadline set per 52 Order. Defendants' Reply in Support of Summary
Judgment due March 13, 2017. (skg) (Entered: 12/13/2016)
01/06/2017 53 MOTION for Summary Judgment filed by State of Indiana, State of Kansas, State of
Louisiana, State of Nebraska, State of Texas, State of Wisconsin. Document Submitted
Using ECF Emergency Filing Email. (chmb) (Entered: 01/09/2017)
01/06/2017 54 Brief/Memorandum in Support filed by State of Indiana, State of Kansas, State of
Louisiana, State of Nebraska, State of Texas, State of Wisconsin re 53 MOTION for
Summary Judgment. Document Submitted Using ECF Emergency Filing Email.
(Attachments: # 1 Appendix) (chmb) (Entered: 01/09/2017)
01/26/2017 55 Consent MOTION to Extend Time and to Modify Scheduling Order filed by Sylvia
Burwell, John Koskinen (Attachments: # 1 Proposed Order) (Straus Harris−DOJ,
Julie) (Entered: 01/26/2017)

01/27/2017 56 ORDER: The Court finds that Defendants' Consent Motion for Extension of Time and
to Modify Scheduling Order (ECF No. 55 ), should be and is hereby GRANTED.
Accordingly, it is ORDERED that the deadline for Defendants to submit Defendants'
Motion for Summary Judgment and Response to Plaintiffs' Motion for Summary
Judgment is extended to March 6, 2017. The deadline for Plaintiffs to submit
Plaintiffs' Reply in Support of Summary Judgment and Response to Defendants'
Motion for Summary Judgment is extended to March 27, 2017. The deadline for
Defendants to submit Defendants' Reply in Support of Summary Judgment is extended
to April 13, 2017. The Expert Objection Deadline is extended to April 13, 2017.
(Ordered by Judge Reed C. O'Connor on 1/27/2017) (baa) (Entered: 01/27/2017)
01/30/2017 Hearing/Deadline Modification: The deadline for Defendants to submit Defendants'
Reply in Support of Summary Judgment is extended to April 13, 2017 per Order 56 .
(skg) (Entered: 01/30/2017)
02/28/2017 57 Consent MOTION to Extend Time filed by Sylvia Burwell, John Koskinen, United
States Department of Health & Human Services, United States Internal Revenue
Service, United States of America (Attachments: # 1 Proposed Order) (Straus
03/02/2017 58 ORDER: Defendants' Consent Motion for Extension of Time and to Modify
Scheduling Order (ECF No. 57 ) is GRANTED. Accordingly, it is ORDERED that the
deadline for Defendants to submit Defendants' Motion for Summary Judgment and
Response to Plaintiffs' Motion for Summary Judgment is extended to May 5, 2017.
The deadline for Plaintiffs to submit Plaintiffs' Reply in Support of Summary
Judgment and Response to Defendants' Motion for Summary Judgment is extended to
May 26, 2017. The deadline for Defendants to submit Defendants' Reply in Support of
Summary Judgment is extended to June 12, 2017. The Expert Objection Deadline is
extended to June 12, 2017. (Ordered by Judge Reed C. O'Connor on 3/2/2017) (baa)
(Entered: 03/02/2017)
03/03/2017 Hearing/Deadline Modification: Deadlines/hearings terminated set and reset per 58
Order on Motion to Extend Time. Defendants' Motion for Summary Judgment due by
5/5/2017. Responses due by 5/26/2017. Replies due by 6/12/2017. (skg) (Entered:
03/03/2017)
05/04/2017 59 MOTION to Extend Time to file Defendants' Motion for Summary Judgment and
Response to Plaintiffs' Motion for Summary Judgment filed by Sylvia Burwell, John
Koskinen, United States Department of Health & Human Services, United States
Order) (Straus Harris−DOJ, Julie) (Entered: 05/04/2017)
Nebraska, State of Texas, State of Wisconsin re: 59 MOTION to Extend Time to file
Defendants' Motion for Summary Judgment and Response to Plaintiffs' Motion for
Summary Judgment (Nimocks, Austin) (Entered: 05/05/2017)
05/16/2017 61 ORDER granting 59 Motion to Extend Time and to Modify Scheduling Order. The
deadline for Defendants to submit Defendants' Motion for Summary Judgment and
Response to Plaintiffs' Motion for Summary Judgment is extended to June 5, 2017.
The deadline for Plaintiffs to submit Plaintiffs' Reply in Support of Summary
Judgment and Response to Defendants' Motion for Summary Judgment is extended to
June 26, 2017. The deadline for Defendants to submit Defendants' Reply in Support of
Summary Judgment is extended to July 13, 2017. The Expert Objection Deadline is
extended to July 13, 2017. (Ordered by Judge Reed C. O'Connor on 5/16/2017) (baa)
(Entered: 05/16/2017)
06/05/2017 62 MOTION for Summary Judgment and Response in Opposition to Plaintiffs' Motion for
Summary Judgment filed by Sylvia Burwell, John Koskinen, United States Department
America (Attachments: # 1 Proposed Order) (Straus Harris−DOJ, Julie) (Entered:
06/05/2017)
United States of America re 62 MOTION for Summary Judgment and Response in

Opposition to Plaintiffs' Motion for Summary Judgment (Attachments: # 1 Defendants'
Appendix) (Straus Harris−DOJ, Julie) (Entered: 06/05/2017)
06/05/2017 64 RESPONSE filed by Sylvia Burwell, John Koskinen, United States Department of
America re: 53 MOTION for Summary Judgment (Attachments: # 1 Defendants'
Appendix) (Straus Harris−DOJ, Julie) (Entered: 06/05/2017)
06/23/2017 65 NOTICE of Attorney Appearance by Michelle Bennett − DOJ on behalf of Sylvia
contact info in ECF is current.) (Bennett − DOJ, Michelle) (Entered: 06/23/2017)
06/23/2017 66 REPLY filed by State of Indiana, State of Kansas, State of Louisiana, State of
Nebraska, State of Texas, State of Wisconsin re: 53 MOTION for Summary Judgment,
62 MOTION for Summary Judgment and Response in Opposition to Plaintiffs' Motion
for Summary Judgment (Nimocks, Austin) (Entered: 06/23/2017)
re: 62 MOTION for Summary Judgment and Response in Opposition to Plaintiffs'
Motion for Summary Judgment (Straus Harris−DOJ, Julie) (Entered: 07/13/2017)
07/13/2017 68 MOTION to Strike 39 Designation of Experts filed by Sylvia Burwell, John Koskinen,
United States Department of Health & Human Services, United States Internal
Revenue Service, United States of America with Brief/Memorandum in Support.
United States of America re 68 MOTION to Strike 39 Designation of Experts (Straus
07/13/2017 70 MOTION to Strike Defendants' Experts Golden and Truffer filed by State of Indiana,
State of Kansas, State of Louisiana, State of Nebraska, State of Texas, State of
Wisconsin (Attachments: # 1 Proposed Order Proposed Order) (Nimocks, Austin)
(Entered: 07/13/2017)
Louisiana, State of Nebraska, State of Texas, State of Wisconsin re 70 MOTION to
Strike Defendants' Experts Golden and Truffer (Nimocks, Austin) (Entered:
07/13/2017)
Nebraska, State of Texas, State of Wisconsin re: 68 MOTION to Strike 39 Designation
of Experts (Stonedale, Joel) (Entered: 08/03/2017)
08/03/2017 73 RESPONSE filed by Sylvia Burwell, John Koskinen, United States Department of
America re: 70 MOTION to Strike Defendants' Experts Golden and Truffer (Straus
Harris, Julie) (Entered: 08/03/2017)
Nebraska, State of Texas, State of Wisconsin re: 70 MOTION to Strike Defendants'
Experts Golden and Truffer (Nimocks, Austin) (Entered: 08/09/2017)
re: 68 MOTION to Strike 39 Designation of Experts (Straus Harris, Julie) (Entered:
08/17/2017)
09/29/2017 76 ORDER: The Court finds that a hearing is necessary to resolve the pending motions.
Accordingly, the Court sets a hearing for 10:00 a.m. on October 12, 2017, and the
Clerk of the Court is directed to administratively stay the case in the interim. The
hearing will convene in the United States District Judge's Second Floor Courtroom,
501 W. 10th Street, Fort Worth, Texas. (Ordered by Judge Reed C. O'Connor on
9/29/2017) (skg) (Entered: 09/29/2017)
10/02/2017 77 Consent MOTION to Continue Hearing filed by John Koskinen, Thomas E. Price,
Revenue Service, United States of America (Attachments: # 1 Proposed Order) (Straus
10/02/2017 78 ORDER granting in part and denying in part 77 Motion to Continue. Motion Hearing
set for 10/10/2017 10:00 AM in US Courthouse, Courtroom 2nd Floor, 501 W. 10th
St. Fort Worth, TX 76102−3673 before Judge Reed C. O'Connor. (Ordered by Judge
Reed C. O'Connor on 10/2/2017) (chmb) (Entered: 10/02/2017)
10/03/2017 79 Unopposed MOTION to Continue Hearing (Renewed) filed by John Koskinen,
Thomas E. Price, United States Department of Health & Human Services, United
States Internal Revenue Service, United States of America (Attachments: # 1 Proposed
Order) (Straus Harris, Julie) (Entered: 10/03/2017)
10/05/2017 80 ELECTRONIC ORDER granting 79 Motion to Continue. Motion Hearing set for
10/25/2017 09:00 AM in US Courthouse, Courtroom 2nd Floor, 501 W. 10th St. Fort
Worth, TX 76102−3673 before Judge Reed C. O'Connor. (Ordered by Judge Reed C.
O'Connor on 10/5/2017) (chmb) (Entered: 10/05/2017)
10/25/2017 81 ELECTRONIC Minute Entry for proceedings held before Judge Reed C. O'Connor:
Motion Hearing held on 10/25/2017. Attorney Appearances: Plaintiff − Austin
Nimocks; Defense − Julie Straus Harris. (Court Reporter: Denver Roden) (No
exhibits) Time in Court − 2:45. (chmb) (Entered: 10/25/2017)
11/01/2017 82 ORDER: Based on the foregoing, within 10 days from the date of this order, Plaintiffs
must file a brief, no more than 10 pages in length, providing all reasons why they
believe that their substantive APA claims are timely under the reasoning of
Dunn−McCampbell. See Dunn−McCampbell, 112 F.3d at 128788. Defendants must
respond to Plaintiffs' brief within 10 days of its filing and Plaintiffs may reply to
Defendants brief no later than 5 days of its filing. (Ordered by Judge Reed C.
O'Connor on 11/1/2017) (skg) (Entered: 11/01/2017)
Summary Judgment (Nimocks, Austin) (Entered: 11/13/2017)
11/22/2017 84 RESPONSE filed by John Koskinen, United States Department of Health & Human
Services, United States Internal Revenue Service, United States of America, Don J.
Wright, M.D. re: 82 Order,, 83 Brief/Memorandum in Support of Motion (Straus
11/27/2017 85 Notice of Filing of Official Electronic Transcript of Motions Hearing Proceedings held
on 10−25−2017 before Judge Reed C. O'Connor. Court Reporter/Transcriber Denver
B. Roden, Telephone number 214−753−2298. 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 redaction is necessary, a Redaction Request − Transcript must be
filed within 21 days. If no such Request is filed, the transcript will be made available
via PACER without redaction after 90 calendar days. If redaction request filed, this
transcript will not be accessible via PACER; see redacted transcript. The clerk will
mail a copy of this notice to parties not electronically noticed. (92 pages) Redaction
Request due 12/18/2017. Redacted Transcript Deadline set for 12/28/2017. Release of
Transcript Restriction set for 2/26/2018. (dbr) (Entered: 11/27/2017)
Summary Judgment, 83 Brief/Memorandum in Support of Motion for Summary
Judgment (Nimocks, Austin) (Entered: 11/27/2017)
01/07/2018 87 Notice of Filing of Official Electronic Transcript of Motions Hearing FINAL EDIT
Proceedings held on 10−25−2017 before Judge Reed C. O'Connor. Court
Reporter/Transcriber Denver B. Roden, Telephone number 214−753−2298. 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 redaction is necessary, a Redaction Request
− Transcript must be filed within 21 days. If no such Request is filed, the transcript
will be made available via PACER without redaction after 90 calendar days. If
redaction request filed, this transcript will not be accessible via PACER; see redacted
transcript. The clerk will mail a copy of this notice to parties not electronically noticed.
(93 pages) Redaction Request due 1/29/2018. Redacted Transcript Deadline set for
2/7/2018. Release of Transcript Restriction set for 4/9/2018. (dbr) (Entered:
01/07/2018)
03/05/2018 88 MEMORANDUM OPINION AND ORDER: For the foregoing reasons, the Court
finds that Plaintiffs' Motion for Summary Judgment (ECF No. 53 ) should be and is
hereby GRANTED in part and DENIED in part, and that Defendants' Motion for
Summary Judgment (ECF No. 62 ) should be and is hereby GRANTED in part and
DENIED in part. (Ordered by Judge Reed C. O'Connor on 3/5/2018) (skg) Docket text
modified on 3/29/2018 (twd). (Entered: 03/05/2018)
03/07/2018 89 ORDER: The Court entered an Order granting in part and denying in part the parties
motions for summary judgment. See ECF No. 88. Accordingly, the parties are Ordered
to file a joint status report on what else needs to be completed to resolve this matter, no
later than March 14, 2018. (Ordered by Judge Reed C. O'Connor on 3/7/2018) (trt)
(Entered: 03/07/2018)
03/14/2018 90 Joint STATUS REPORT filed by State of Indiana, State of Kansas, State of Louisiana,
State of Nebraska, State of Texas, State of Wisconsin. (Nimocks, Austin) (Entered:
03/14/2018)
03/15/2018 91 ORDER: Accordingly, the Court GRANTS Plaintiffs leave to file a motion for
reconsideration within the time provided by the Federal Rules of Civil Procedure. See
Order for further instructions. (Ordered by Judge Reed C. O'Connor on 3/15/2018)
(skg) (Entered: 03/15/2018)
05/03/2018 92 NOTICE OF INTERLOCUTORY APPEAL to the Fifth Circuit by John Koskinen,
Revenue Service, United States of America, Don J. Wright, M.D.. 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. (Bennett − DOJ, Michelle) (Entered:
05/03/2018)
05/11/2018 USCA Case Number 18−10545 in USCA5 for 92 Notice of Appeal filed by United
States Internal Revenue Service, Don J. Wright, M.D., United States Department of
Health & Human Services, United States of America, John Koskinen. (skg) (Entered:
05/11/2018)
05/15/2018 93 ORDER: The Court therefore ORDERS Plaintiffs to file any motion no later than May
21, 2018, or explain why the Court should not enter a final judgment in this case.
(Ordered by Judge Reed C. O'Connor on 5/15/2018) (skg) (Entered: 05/15/2018)
05/17/2018 94 NOTICE OF INTERLOCUTORY APPEAL as to 88 Order on Motion for Summary
Judgment,,,, Order on Motion to Strike,,, to the Fifth Circuit by State of Indiana, State
of Kansas, State of Louisiana, State of Nebraska, State of Texas, State of Wisconsin.
Filing fee $505, receipt number 0539−9196607. 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. (Nimocks, Austin) (Entered: 05/17/2018)
05/21/2018 95 MOTION for Reconsideration re 88 Order on Motion for Summary Judgment,,,, Order
on Motion to Strike,,, 34 Memorandum Opinion and Order,, and Motion for Entry of
Judgment filed by State of Indiana, State of Kansas, State of Louisiana, State of
Nebraska, State of Texas, State of Wisconsin with Brief/Memorandum in Support.
(Attachments: # 1 Proposed Final Judgment) (Nimocks, Austin) (Entered: 05/21/2018)

05/21/2018 96 Appendix in Support filed by State of Indiana, State of Kansas, State of Louisiana,
State of Nebraska, State of Texas, State of Wisconsin re 95 MOTION for
Reconsideration re 88 Order on Motion for Summary Judgment,,,, Order on Motion to
Strike,,, 34 Memorandum Opinion and Order,, and Motion for Entry of Judgment
(Nimocks, Austin) (Entered: 05/21/2018)
05/31/2018 Record on Appeal for USCA5 18−10545 (related to 92 appeal): Record consisting of:
1 ECF electronic record on appeal (eROA) is certified, 2 Volume(s) electronic
transcript,.
PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an
appearance in the USCA5 case and be registered for electronic filing in the USCA5 to
access the paginated eROA in the USCA5 ECF system. (Take these steps immediately
if you have not already done so. Once you have filed the notice of appearance and/or
USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the
district clerk that we may grant you access to the eROA in the USCA5 ECF system.)
To access the paginated record, log in to the USCA5 ECF system, and under the
Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy
of the record by contacting the appeals deputy in advance to arrange delivery. EROA
Access granted to: Attorney: Nimocks, David Austin Robert − State of Texas, State of
Kansas, State of Louisiana, State of Indiana, State of Wisconsin, State of Nebraska
(Granted Access to 16, of 16 Volumes) (skg) (Entered: 05/31/2018)
06/05/2018 97 Received letter from USCA5 (18−10545): David J. Kautter has replaced John
Koskinen as Acting Commissioner of Internal Revenue. A revised caption is attached
and should be used for all further filings. (skg) (Entered: 06/05/2018)
06/11/2018 98 RESPONSE filed by David J Kautter, United States Department of Health & Human
Services, United States Internal Revenue Service, United States of America, Don J.
Wright, M.D. re: 95 MOTION for Reconsideration re 88 Order on Motion for
Summary Judgment,,,, Order on Motion to Strike,,, 34 Memorandum Opinion and
Order,, and Motion for Entry of Judgment (Bennett − DOJ, Michelle) (Entered:
06/11/2018)
Nebraska, State of Texas, State of Wisconsin re: 95 MOTION for Reconsideration re
88 Order on Motion for Summary Judgment,,,, Order on Motion to Strike,,, 34
Memorandum Opinion and Order,, and Motion for Entry of Judgment (Nimocks,
Austin) (Entered: 06/25/2018)
08/21/2018 100 ORDER: For the foregoing reasons, the Court GRANTS in part and DENIES in part
Plaintiffs' motion for reconsideration and entry of judgment (ECF No. 95 ). The Court
will issue a separate final judgment order pursuant to Federal Rule of Civil Procedure
58. (Ordered by Judge Reed C. O'Connor on 8/21/2018) (skg) (Entered: 08/21/2018)
08/24/2018 101 MOTION to Stay Issuance of Final Judgment filed by David J Kautter, United States
United States of America, Don J. Wright, M.D. with Brief/Memorandum in Support.
(Attachments: # 1 Proposed Order) (Bennett − DOJ, Michelle) (Entered: 08/24/2018)

State of Texas V United States, TXND 7-15-Cv-151-O, DOCKET REPORT

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Case: 7:15-cv-00151-O As of: 08/26/2018 04:17 PM CDT 1 of 14

State of Texas v. United States of America Date Filed: 10/22/2015

Michael Christopher Toth

Julie Straus Harris

Rohit Dwarka Nath

Michelle Bennett − DOJ

Julie Straus Harris

Rohit Dwarka Nath

Michelle Bennett − DOJ

Julie Straus Harris

Rohit Dwarka Nath

Michelle Bennett − DOJ

Julie Straus Harris

Rohit Dwarka Nath

Michelle Bennett − DOJ

Julie Straus Harris

Rohit Dwarka Nath

Michelle Bennett − DOJ

Date Filed # Docket Text

Julie) (Entered: 01/26/2017)

United States of America re 62 MOTION for Summary Judgment and Response in

(Attachments: # 1 Proposed Final Judgment) (Nimocks, Austin) (Entered: 05/21/2018)

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