Miscellaneous ACA Litigation

Cases: Texas v. U.S. (Medicaid managed care plan fees); American Hospital Ass’n v. Azar (hospital price disclosure); Nevada v. U.S. (FLSA, nationwide injunction); Northern Arapaho (tribal employers) (closed: see closed cases); Marin v. Dave & Buster’s (limiting employees’ hours) (closed: see closed cases); two other miscellaneous cases.  I have moved two dialysis cases to the new “Dialysis” page.  Also, I’m adding some references to the D.C./Bread for the City SNAP case.



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
Fifth Circuit status report, 4/25/2019
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

Case 2 joint status report, 2/19/2019

Case 2 status report 2 19 19

Case 1 joint status report, 3/1/2019

TKL joint status report 3 1 19

Order setting hearing for 3/6, 3/1/2019

TKL OA order

Scheduling order, 3/7/2019

TKL scheduling order

Fifth Circuit status report, 3/26/2019

5C TKL status report 3 26 19

Administrative closure, 3/28/2019

TKL admin closure

Case 2 Wisconsin unopposed motion to dismiss itself, 5/15/2019

TKL 2 wisconsin dism mo

Case 2 status report, 5/20/2019

TKL 2 status 5 20 19

Case 2 order dismissing out Wisconsin, 5/24/2019

Order dismissing Wisconsin

Fifth Circuit status report, 5/28/2019

Document 34

Joint pretrial order, 5/29/2019

TKL joint pretrial

Order cancelling trial, 5/30/2019

TKL order cancelling trial

Joint status report, 6/7/2019

TKL joint status report 6 7 19

Order scheduling further briefing on interest, 6/7/2019

TKL scheduling order 6 7 19

Supplemental joint status report, 6/19/2019

TKL supp joint status 6 19 19

Motion for prejudgment interest, 6/19/2019

TKL states motion for interest

Fifth Circuit status report, 6/[27]/2019

Document 51

US opposition to pre and post judgment interest, 7/1/2019

TKL US op to interest

States’ reply, 7/12/2019

TKL interest reply

Order denying motion for interest, 7/19/2019

Order denying motion for interest

Proposed final judgment, 7/29/2019

proposed final judgment

Proposed briefing schedule on motion to stay execution of judgment, 7/29/2019

proposed briefing schedule on motion to stay execution

Fifth Circuit joint status report, 7/29/2019

5C TKL status report 7 29 19

Briefing schedule order, 7/30/2019

TKL stay execution briefing schedule

Final judgment, 7/30/2019

TKL final judgment 7 30 19

Stay order, 7/30/2019

TKL stay order

US motion to stay execution, 8/12/2019

US motion to stay execution

Case 2 status report, 8/19/2019

TKL 2 status 8 19 19

Fifth Circuit joint status report, 8/28/2019

Document 72

Plaintiffs’ opposition to staying execution of judgment, September 3, 2019

TKL pltf op to staying enforcement of judgment

US reply supporting stay, September 17, 2019

TKL US execution stay reply

US notice of appeal, September 26, 2019

TKL US notice of appeal 9 26 19

Fifth Circuit joint status report, 9/27/19

5C TKL status report 9 27 19

Notice of cross-appeal, 9/30/19

TKL cross appeal

Fifth Circuit joint status report, 10/4/19

5C joint status report 10 4 19

Fifth Circuit ‘briefing resumed’ notice, 10/11/19

5C briefing resumed notice

US opening brief, 11/20/19

5C US appellant brief

Joint motion for briefing schedule, 11/21/19

5C joint mo for briefing schedule

Medicaid Health Plans of America amicus, 11/27/19

5C Medicaid Health Plans of America amicus

AHIP amicus, 11/27/19

5C AHIP amicus

Plaintiffs’ appellee brief, 1/29/20

5C appellees brief

Wisconsin letter brief, 1/29/20

5C Wisconsin partial adoption of appellee brief

US reply/response brief, 2/28/20

5C US response reply brief

Texas Kansas Louisiana reply brief, 3/20/20

5C pltf xap reply

Wisconsin notice/motion re nonparticipation in oral argument, 4/27/20

5C Wis notice nonparticip oa

Texas additional authority (3 Supreme Court cases), 6/30/2020

5C Texas addl authority 6 30 20

US response to additional authority, 7/2/2020

5C US addl auth resp


[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

US Supreme Court opinion on equitable disgorgement, Liu v. SEC, No. 18-1501 (June 22, 2020)

031920zr_d1o3 6 22 20



American Hospital Association v. Azar, No. 1:19-cv-3619 (D. D.C.)

Complaint, 12/4/19


Motion and memorandum in support of summary judgment, with proposed order, 12/9/19




Declaration (American Hospital Ass’n)


Declaration (Ass’n of American Medical Colleges)


Declaration (Nat’l Ass’n of Children’s Hospitals)


Declaration (Federation of American Hospitals)


Declaration (Bothwell Regional Health Center)


Declaration (Memorial Community)


Declaration (Providence)


US summary judgment opposition/cross motion, Feb. 4, 2020


Patients Rights Advocate amicus, Feb. 13, 2020


37 State Hospital Associations amicus, Feb. 28, 2020


Chamber of Commerce of the US amicus, Feb. 28, 2020


Plaintiffs’ reply/response, Feb. 28, 2020


US reply supporting summary judgment, March 24, 2020


04/06/2020 MINUTE ORDER. In light of In re: Extension of Postponed Court Proceedings in Standing Order 20-9 and Limiting Court Operations in Exigent Circumstances Created by the COVID-19 Pandemic, Extension of Postponed Court Proceedings 20-19, it is hereby ORDERED that the Hearing scheduled fo r April 22, 2020, is POSTPONED until further notice from the Court. Signed by Judge Carl J. Nichols on April 6, 2020. (lccjn3) (Entered: 04/06/2020)

Plaintiffs’ notice re postponements, April 7, 2020


04/22/2020 MINUTE ORDER. It is hereby ORDERED that a hearing on Plaintiffs’ 13 Motion for Summary Judgment and Defendant’s 19 Motion for Summary Judgment shall be held by videoconference on May 7, 2020, at 2:00 PM. Signed by Judge Carl J. Nichols on April 22, 2020. (lccjn3) (Entered: 04/22/2020)

Memorandum opinion, and order, June 23, 2020



Notice of appeal, June 24, 2020


D.C. Circuit # 20-5193




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

Opinion, July 2, 2019

5C 18-40246 opinion




Kirby v. Anthem, Inc., No. 1:19-cv-597 (N.D. Ga., filed Feb. 5, 2019)

First amended complaint, March 4, 2019



The Medicare site neutral payment case

Opinion, order, September 17, 2019



US motion to modify, September 23, 2019


Opposition, September 30, 2019


Opposition, October 1, 2019


Reply, October 7, 2019


Opinion and order denying motion to modify, October 21, 2019



Final rule with comment period (non Federal Register version), November 1, 2019




District of Columbia/Bread for the City v. USDA, No. 1:20-cv-119 (D. D.C.)


Preliminary injunction opinion, order, March 13, 2020

DC Bread for the City PI


US notice of appeal, May 12, 2020


# 20-5136

Bread for the City motion for summary judgment (with corrected version), June 24, 2020



District of Columbia motion for summary judgment, June 24, 2020


Institute for Policy Integrity amicus, July 1, 2020


Impact Fund amicus, July 2, 2020