“At risk of institutionalization” and DOJ

FIFTH CIRCUIT (I)

Steward v. Perry/US v Texas, No. 5:10-cv-1025 (W.D. Tex.)

US statement of interest

Steward US statement of interest

US opposition to motion to dismiss

Steward US dism op

Order partly denying motion to dismiss

286_order_denying_mtds

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US/plaintiffs notice of supplemental authority (US v MS), October 25, 2023

merged_41522_-1-1698686761

FIFTH CIRCUIT (II)

U.S. v. Mississippi, No. 21-60772 (5th Cir., September 20, 2023)

21-60772-CV0

ELEVENTH CIRCUIT

A.R. v. Dudek/U.S. v. Florida, No. 0:12-cv-60460 (S.D. Fla., July 14, 2023)

Click to access a.r.-v-dudek-memorandum-opinion-7-14-23.pdf

Eleventh Circuit # 23-12331

[Stay motion, opposition, reply]

Florida opening brief, September 18, 2023

Florida additional authority (US v MS), September 21, 2023

US response, September 22, 2023

US appellee brief, November 8, 2023

Florida reply, December 6, 2023

Order carrying Florida motion for stay with the case, January 4, 2024

01/24/2024 58 Oral argument held this date. Oral Argument presented by Andre V. Bardos for Appellant State of Florida and Sydney Foster for Appellee USA. [Entered: 01/24/2024 03:49 PM]

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Standing:

Louisiana Fair Housing Action Center v. Azalea Garden, No. 22-30609 (5th Cir., Sept. 14, 2023)

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Remedies

Laufer

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Jeremiah M. v. Crum/Kovol, No. 3:22-cv-129 (D. Alaska)

Notice of additional authority (US v MS), September 22, 2023

Plaintiffs’ response to notice of additional authority, September

Opinion on motion to dismiss, September 28, 2023

Petition, October 10, 2023

Oregon motion for leave to file amicus, and proposed amicus brief, October 17, 2023

Answer, October 20, 2023

State’s answer to amended class action complaint, November 13, 2023

Ninth Circuit order denying petition, December 18, 2023

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State’s motion for summary judgment on ADA/504 claims, January 30, 2025

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US v. Missouri, No. 23-1457 (8th Cir., Aug. 26, 2024)

https://affordablecareactlitigation.com/wp-content/uploads/2024/08/231457p.pdf

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Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal
Case 5:24-cv-00225-H Document 1 Filed 09/26/24 Page 1 of 46 PageID 1
2
Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance, 89 Fed. Reg. 40,066 (May 9, 2024)

Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance; Clarification, 90 Fed. Reg. 15,412 (April 11, 2025)

Texas v. Becerra, No. 5:24-cv-225 (N.D. Tex., filed Sept. 26, 2024)

Complaint

Joint request for scheduling order, November 22, 2024

Scheduling order, December 3, 2024

12/23/202433 Special Order No. 3-355: Effective December 31, 2024, the clerk is to reassign all Lubbock, Abilene, and San Angelo Division cases that are assigned to Senior District Judge Sam Cummings to Judge Wes Hendrix. This case has been reassigned pursuant to Special Order No. 3-355. (The clerk has mailed a copy to all non-ECF users.) (Ordered by Chief District Judge David C Godbey on 12/23/2024) (rekc) (Entered: 12/31/2024)
  1. Plaintiffs shall file, as a single brief, their Motion for Summary Judgment on or belore
    January 15, 2025;
  2. Defendants shall file their combined Cross-Motion for Summary Judgment and
    Opposition to Plaintiffs’ Motion for Summary Judgment, as a single brief, on or before
    February 12, 2025;
  3. Plaintiffs shall files their combined Opposition to Defendants’ Cross-Motion for
    Summary Judgment and Reply to Defendants’ Opposition, as a single brief, on or before
    March 12, 2025; and
  4. Defendants shall file their Reply to Plaintiffs’ Opposition on or before April 9, 2025.

Order: plaintiffs’ initial brief now due 1/29, defendants’ opposition and cross motion due 2/26, plaintiffs’ reply and opposition due 3/26, defendants’ reply due 4/23

Unopposed US motion for stay of deadlines, January 24, 2025

01/25/202544 ELECTRONIC ORDER granting 43 Unopposed Motion for Stay of All Deadlines. The Court stays the current briefing schedule until further notice. Additionally, the Court orders the Defendants to meet and confer with Plaintiffs about how to proceed in this case and to file a Joint Status Report by February 25, 2025. (Ordered by Judge James Wesley Hendrix on 1/25/2025) (Judge James Wesley Hendrix) (Entered: 01/25/2025)

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Joint status report, February 19, 2025

Order, February 20, 2025

Joint status report, April 11, 2025

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M.R. v. Dreyfus, 697 F.3d 706 (9th Cir. 2012)

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A.J.T. v. Osseo Area Schools, No. 24-249 (U.S., June 12, 2025)