Miscellaneous ACA Litigation


Texas v. U.S., No. 7:15-cv-151 (N.D. Tex.)

Texas v. U.S., No. 7:15-cv-151 (N.D. Tex.), Memorandum Opinion and Order (August 4, 2016)



Government request for extension of time, 1/26/17

Texas v US SJ response xt-1

Government request for extension of time, 5/4/17

Texas v US SJ xt 5 4 17

Plaintiffs’ opposition to extension, 5/5/17

Order for extension, 5/16/17



Government SJ op/cross motion, 6/5/17

texas v us sj response ms x mo

Plaintiffs’ SJ reply/op, 6/23/17

TX KS LA sj reply

Government SJ reply, 7/13/17

us x mo sj reply

Order re oral argument, 9/29/17

OA continuance motion, 10/2/17

OA continuance mo

OA rescheduling order, 10/2/17

OA rescheduling order

OA renewed continuance motion, 10/3/17

OA renewed continuance mo


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)

Supplemental briefing order, 11/1/2017

Texas v. US addl briefing order

Plaintiffs’ supplemental brief, 11/13/2017

Gov’t supplemental brief, 11/22/2017

Plaintiffs’ supplemental SJ brief, 11/27/2017

17.11.27 Texas v US pltf supp sj br

Summary judgment opinion, 3/5/2018



Order requesting status report, 3/7/2018



Joint status report, 3/14/2018

texas 1 joint status report 3 14 18
Order, 3/15/2018

Order 3 15

US notice of interlocutory appeal, 5/3/2018

Fifth Circuit # 18-10545


District court question re final judgment, 5/15/2018

Texas notice of interlocutory cross [?] appeal, 5/17/2018

Texas motion for entry of final judgment/reconsideration, 5/21/2018


US response, 6/11/2018

Joint motion to hold appeal in abeyance, 6/14/2018

Joint mo to hold appeal in abeyance

Clerk’s stay order, 6/15/2018

5C stay order

Texas reply supporting reconsideration, 6/25/2018

Texas v US recon reply

Fifth Circuit status report, 8/14/2018

Order (on reconsideration), 8/21/2018

US request for stay, 8/24/2018

Texas v. US Medicaid US mo to delay final judgment

Plaintiffs’ opposition to stay, 9/7/2018

plaintiffs’ op to stay

Plaintiffs’ motion for leave to file second amended complaint, with expediting paperwork, 9/7/2018

second amended complaint, with motion for leave to file

motion for expediting second amended complaint
Order setting deadlines, 9/7/2018

order setting deadlines

US opposition to second amended complaint, 9/12/2018

Texas v US op to amended complaint

Texas reply supporting second amended complaint, 9/13/2018

Texas v US amended complaint reply

Fifth Circuit status report, 9/14/2018

Texas Kansas Louisiana status report 9 14 18

Order denying second amended complaint, 9/20/2018

US reply supporting stay, 9/21/2018

10/17/2018 117 ORDER: Before the Court are Defendants’ Motion to Stay Issuance of Final Judgment (ECF No. 101 ), filed August 24, 2018; Plaintiffs’ Response and Objection (ECF No. 104 ), filed September 7, 2018; and Defendants’ Reply (ECF No. 114 ), filed September 21, 2018. The Court sets this matter for a hearing on Monday, October 29, 2018, at 9:30 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 10/17/2018) (skg) (Entered: 10/17/2018)
States’ notice of interlocutory appeal, 10/19/2018
10/29/2018 119 ELECTRONIC Minute Entry for proceedings held before Judge Reed C. O’Connor: Motion Hearing held on 10/29/2018 re 101 Motion to Stay, filed by United States Internal Revenue Service, Don J. Wright, M.D., United States Department of Health & Human Services, United States of America, David J Kautter. Parties to file a status report within THIRTY (30) days. Attorney Appearances: Plaintiff – David Hacker, Randall Miller; Defense – Michelle Bennett. (Court Reporter: Denver Roden) (No exhibits) Time in Court – :20. (chmb) (Entered: 10/29/2018)
Fifth Circuit status report, 11/14/2018
Proposal for protective order, 11/19/2018
Fifth Circuit status report, 12/14/2018
Texas v. U.S., No. 4:18-cv-779 (N.D. Tex.)
Complaint, 9/20/2018
Notice of related case, 9/20/2018
TRO memo, 9/21/2018
TRO appendix, 9/21/2018
Transfer order, 9/21/2018
TRO deadlines order, 9/22/2018

Texas Kansas Louisiana 2 TRO deadlines order

US op to TRO, 9/26/2018

Texas Kansas Louisiana 2 US tro op

Plaintiff states’ TRO reply, 9/27/2018

Texas Kansas Louisiana 2 TRO reply

TRO denied as moot, 10/17/2018

Texas v US Medicaid 2 TRO mootness denial

Joint motion for stay of case 2, 11/14/2018

Case 2 joint motion for stay

Joint status report, 11/28/2018

TX KS LA joint status report 11 28 18

Order for stay while parties try to settle damages amount, 12/4/2018


Case 2 stay order, 12/6/2018

Texas Kansas Louisiana 2 stay

Request for status conference, 12/11/2018

Consent motion for stay, 1/8/2019

texas kansas louisiana consent motion for stay

Plaintiffs’ status report, 1/9/2019

texas kansas louisiana pltf status report 1 9 19

Stay order, 1/14/2019

texas kansas louisiana stay order 1 14 19

Fifth Circuit status report, 1/14/2019

texas kansas louisiana status 1 14 19

Notice of restoration of appropriations, 1/28/2019

Texas Kansas Louisiana notice of restoration 1 28 19

Joint status report, 2/1/2019

Texas Kansas Louisiana joint status 2 1 19

Fifth Circuit status report, 2/13/2019

5C status report 2 13 19


[Not filed in Texas v. U.S.: American Academy of Actuaries statement, March 13, 2018]

US District Court Decision Mischaracterizes Role of ASB

[IRS information on 2017, 2018, and 2019 HIPFs]
IRS moratorium info



Northern Arapaho Tribe v. Burwell, No. 2:14-cv-247 (D. Wyo.), appeal, 15-8099 (10th Cir.)

Order granting motion to dismiss, July 2, 2015


Tenth Circuit order, July 9, 2018

10C Northern Arapaho order 7 9 18

Status report, October 16, 2018

10C Northern Arapaho status report 10 16 18

10/16/2018 [10597784] Minute order filed by Clerk of the Court – Upon consideration of the parties’ joint status report, the court will continue the abatement of this appeal. The parties shall file a joint status report advising this court of the status of Congressional action on Senate Bill 2943 no later than 12/17/18, or sooner if events occur that warrant notification to this court. Status report now due 12/17/2018 by Alex M. Azar II and Steven T. Mnuchin. Served on 10/16/2018. Text only entry – no attachment. [15-8099] [Entered: 10/16/2018 03:19 PM]

Status report, December 17, 2018

NA status 12 17 18

Order continuing but questioning abeyance, December 28, 2018

10C order continuing abeyance but

Tribe’s status report, January 17, 2019

10c tribal status report 1 17 19

Order extending deadline for US to file, January 18, 2019

10c shutdown related extension order

US status report, January 30, 2019


Order lifting abeyance, January 31, 2019

10C order lifting abeyance



Memorandum Opinion and Order, Nevada v. U.S. Dep’t of Labor, No. 4:16-cv-731 (E.D. Tex., November 22, 2016)

Summary judgment order, Aug. 31, 2017

Appeal # 17-41130
Unopposed motion to put 5th Circuit appeal in abeyance,

Fifth Circuit abeyance order,

Contempt order, March 19, 2018

Motion for stay pending appeal, March 20, 2018


Appeal # 18-40246
Motion for interim stay, March 21, 2018

Opposition to stay pending appeal, March 23, 2018

Opposition to interim stay, March 23, 2018

Interim stay, March 23, 2018

Withdrawal of 5C motion for stay, March 23, 2018

Reply in support of stay pending appeal, March 27, 2018

Stay order, May 1, 2018

Status report, May 7, 2018

Opening brief in Fifth Circuit, May 22, 2018

Nevada appellees’ brief, July 6, 2018

Chipotle appellees’ brief, July 6, 2018

US Chamber of Commerce amicus brief, July 13, 2018

Restaurant Law Center amicus brief, July 13, 2018

Appellant’s reply brief, July 27, 2018

Unopposed motion to dismiss Nevada from case, December 21, 2018

5C Nevada motion to dismiss Nevada from appeal



AARP v. U.S. EEOC, No. 1:16-cv-2113 (D. D.C.), Memorandum Opinion (December 29, 2016)

Memorandum Opinion (August 22, 2017)

Order (August 22, 2017)

AARP motion to alter or amend judgment (August 30, 2017)

EEOC opposition (Sept. 11, 2017)

EEOC status report (Sept. 21, 2017)

AARP reply (Sept. 28, 2017)

Opinion invalidating regulation, 1/1/19 (Dec. 20, 2017)

Order (Dec. 20, 2017)

AARP wellness revised order 5334177-0–24202


Unopposed motion for partial reconsideration (Jan. 16, 2018)

Order partly granting and partly denying reconsideration (Jan. 18, 2018)

Status report (March 30, 2018)



Dialysis Patient Citizens v. Burwell, No. 4:17-cv-16 (E.D. Tex), TRO (January 12, 2017)

PI order, January 25, 2017

Consent motion to stay, June 22, 2017

Letter to Secretary Azar from AHIP, April 16, 2018



Marin v. Dave & Buster’s, Inc., No. 1 :15-3608 (S.D. N.Y)
Complaint, 5/18/15

Order Denying Motion to Dismiss, 2/19/16

Motion for Preliminary Approval of Class Action Settlement, 11/17/2017

Order Denying Approval, 11/30/2017

Letter re possible settlement, 2/21/2018


Motion, memo, declaration including supporting documents for approval of possible settlement, 11/20/2018



Findings and order for preliminary approval, 12/7/2018