United States of America v. Abbott et al

1:23-cv-00853 | Texas Western District Court

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Division Austin
Judge Judge David A. Ezra
Filed July 24, 2023
Case Flags ATTENTION, INTAPP, and STAYED
Nature of Suit 893 Environmental Matters
Cause 33:403 Obstruction of Navigable Waters
Jury Demand Defendant
Related Case 1:23-cv-00836
Last Updated: 3 weeks, 4 days ago Show Interactive Timeline
Upcoming Events
2 Weeks
  • 5/11/2025
Set Deadlines: Status Report due by 5/11/2025.
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5 Weeks
  • 5/30/2025
SCHEDULING ORDER: Discovery due by 5/30/2025,.
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Filing Date # Docket Text
3/27/2025Set Deadlines: Status Report due by 5/11/2025. (cnr) (Entered: 03/27/2025)
3/27/2025Case Stayed until further notice of the Court. (cnr) (Entered: 03/27/2025)
3/27/2025
  • OrderGranted
ORDER GRANTING 272 Agreed Motion to Extend Abeyance. Signed by Judge David A. Ezra. (cnr) (Entered: 03/27/2025)
3/25/2025
  • Motion to Stay
Joint MOTION to Stay Case (Extend Current Abeyance) by United States of America.. (Attachments: # 1 Proposed Order)(Kimball, Kimere) (Entered: 03/25/2025)
3/24/2025DEFICIENCY NOTICE to Kimere Kimball: re 271 Status Report. This status report is requesting for the stay to be extended. Any relief requested of the court should be filed in the form of a motion. Please file an Agreed Motion to Extend the Stay and attach a proposed order . (cnr) (Entered: 03/25/2025)
3/24/2025STATUS REPORT (Joint) by United States of America.. (Attachments: # 1 Proposed Order)(Kimball, Kimere) (Entered: 03/24/2025)
3/20/2025
  • Motion to Withdraw as CounselGranted
Text Order GRANTING 270 Motion to Withdraw as Attorney. Mark L. Walters is hereby withdrawn as counsel of record in this matter. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kklc) (Entered: 03/20/2025)
3/19/2025
  • Motion to Withdraw as Counsel
Unopposed MOTION to Withdraw as Attorney Mark Walters by United States of America.. (Attachments: # 1 Proposed Order)(Knudsen, Andrew) (Entered: 03/19/2025)
3/13/2025
  • Motion to Withdraw as CounselGranted
Text Order GRANTING 269 Motion to Withdraw as Attorney. IT IS THEREFORE ORDERED that Brian H. Lynk is hereby withdrawn as counsel of record in this matter. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kklc) (Entered: 03/13/2025)
3/12/2025
  • Motion to Withdraw as Counsel
Unopposed MOTION to Withdraw as Attorney Brian Lynk by United States of America.. (Attachments: # 1 Proposed Order)(Knudsen, Andrew) (Entered: 03/12/2025)
3/12/2025
  • Motion to Withdraw as CounselGranted
Text Order GRANTING 268 Motion to Withdraw as Attorney. Ms. Lowry is hereby withdrawn as counsel of record in this matter. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kklc) (Entered: 03/12/2025)
3/11/2025
  • Motion to Withdraw as Counsel
Unopposed MOTION to Withdraw as Attorney Faith E. Lowry by United States of America.. (Attachments: # 1 Proposed Order)(Lowry, Faith) (Entered: 03/11/2025)
2/7/2025
  • Motion to StayGranted
ORDER GRANTING 266 Motion to Stay Case. IT IS FURTHER ORDERED that the parties shall submit a joint status report to the Court no later than 45 days from the date of this Order. Signed by Judge David A. Ezra. (pg) (Entered: 02/07/2025)
2/3/2025
  • Motion to Stay
Unopposed MOTION to Stay Case by United States of America.. (Attachments: # 1 Proposed Order)(Lynk, Brian) (Entered: 02/03/2025)
2/3/2025
  • Motion to WithdrawGranted
ORDER GRANTING 264 Motion to Withdraw, Ryan D. Walters, as Attorney. Signed by Judge David A. Ezra. (pg) (Entered: 02/03/2025)
1/31/2025
  • Motion to Withdraw as Counsel
Unopposed MOTION to Withdraw as Attorney Ryan D. Walters by Greg Abbott, The State of Texas. (Attachments: # 1 Proposed Order Granting Motion to Withdraw)(Bryant, Monroe) (Entered: 01/31/2025)
12/16/2024
  • Scheduling Order
SCHEDULING ORDER: Discovery due by 5/30/2025,. Signed by Judge David A. Ezra. (dm) (Entered: 12/16/2024)
12/9/2024
  • Motion to Withdraw as CounselGranted
ORDER GRANTING 258 Motion to Withdraw as Attorney. Mr. Przada and Ms. Hilton are hereby withdrawn as counsel of record in this matter. Signed by Judge David A. Ezra. (pg) (Entered: 12/09/2024)
12/6/2024STATUS REPORT Joint Status Report by United States of America.. (Lynk, Brian) (Entered: 12/06/2024)
12/6/2024NOTICE of Attorney Appearance by Mark A. Csoros on behalf of Greg Abbott, The State of Texas . Attorney Mark A. Csoros added to party Greg Abbott(pty:dft), Attorney Mark A. Csoros added to party The State of Texas (pty:dft) (Csoros, Mark) (Entered: 12/06/2024)
12/6/2024
  • Motion to Withdraw
Proposed Order Granting Motion to Withdraw Hilton and Przada to 258 Unopposed MOTION to Withdraw as Attorney by Greg Abbott, The State of Texas. (Bryant, Monroe) (Entered: 12/06/2024)
12/6/2024
  • Motion to Withdraw as Counsel
Unopposed MOTION to Withdraw as Attorney by Greg Abbott, The State of Texas. (Attachments: # 1 Proposed Order Granting Motion to Withdraw)(Bryant, Monroe) (Entered: 12/06/2024)
11/21/2024
  • Order
STATUS REPORT ORDER. Status Report due by 12/6/2024. Signed by Judge Dustin M. Howell. (pg) (Entered: 11/21/2024)
11/4/2024Minute Entry for proceedings held before Judge Dustin M. Howell: Motion Hearing held on 11/4/2024 re 233 MOTION for Reconsideration, 235 Opposed MOTION to Exclude Preclude Rebuttal Expert Witness Chapman from Testifying Other Than in Rebuttal. Written Order Forthcoming. (Minute entry documents are not available electronically.). (Court Reporter FTR GOLD- ERO.)(pg) (Entered: 11/05/2024)
11/4/2024
  • Order
ORAL ORDER MOOTING 250 Motion to Clarify pursuant to Status Conference held on 11/04/2024. by Judge David A. Ezra. (pg) (Entered: 11/05/2024)
11/4/2024
  • Order
ORDER of Limited Referral: discuss limited discovery scheduling deadlines. Signed by Judge David A. Ezra. (pg) (Entered: 11/05/2024)
11/4/2024Minute Entry for proceedings held before Judge David A. Ezra: Status Conference held on 11/04/2024. Orally Moot 250 Motion to Clarify (Minute entry documents are not available electronically.). (Court Reporter Gigi Simcox.)(pg) Modified filing date and date of hearing on 11/5/2024 (pg). (Entered: 11/05/2024)
11/4/2024
  • Order
ORDER, For the reasons stated on the record, the Court DENIES AS MOOT Defendants' Motion to Preclude, Dkt. 235 , without prejudice to its re-filing in the future once the parties conclude discovery. The Court further DENIES Plaintiff's Motion to Reconsider, Dkt. 233 . Signed by Judge Dustin M. Howell. (pg) (Entered: 11/05/2024)
11/4/2024Transcript filed of Proceedings held on 11-4-24, Proceedings Transcribed: Status Conference. Court Reporter/Transcriber: Gigi Simcox, Telephone number: gigi_simcox@txwd.uscourts.gov, 210-244-5037. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 11/25/2024, Redacted Transcript Deadline set for 12/5/2024, Release of Transcript Restriction set for 2/3/2025, Appeal Record due by 11/19/2024, (gs) (Entered: 11/04/2024)
11/4/2024TRANSCRIPT REQUEST for Status Conference in front of Honorable David A. Ezra by Greg Abbott, The State of Texas for proceedings held on 11/4/2024. Proceedings Transcribed: Status Conference. Court Reporter: Arlinda L. Rodriguez. (Bryant, Monroe) (Entered: 11/04/2024)
11/1/2024
  • Motion
MOTION to Clarify by Greg Abbott, The State of Texas. (Bryant, Monroe) (Entered: 11/01/2024)
11/1/2024
  • Reply
REPLY to Response to Motion, filed by Greg Abbott, The State of Texas, re 235 Opposed MOTION to Exclude Preclude Rebuttal Expert Witness Chapman from Testifying Other Than in Rebuttal filed by Defendant The State of Texas, Defendant Greg Abbott (Bryant, Monroe) (Entered: 11/01/2024)
11/1/2024
  • Order
ORDER setting Status Conference by video conference for 11/4/2024 10:30 AM before Judge David A. Ezra. Signed by Judge David A. Ezra. (klw) (Entered: 11/01/2024)
11/1/2024ADVISORY TO THE COURT by United States of America. Joint Advisory of Plaintiff and Defendants. (Lynk, Brian) (Entered: 11/01/2024)
10/31/2024
  • Reply
REPLY to Response to Motion, filed by United States of America., re 233 MOTION for Reconsideration re 191 Order on Motion for Protective Order,,,, Order on Motion to exclude,,,, Order on Motion to Strike,,,,,,,,,,,, Order on Motion to Compel,,,,,,,,,,,,,,,, Order on Motion for Miscellaneous Relief,,, filed by Plaintiff United States of America. (Knudsen, Andrew) (Entered: 10/31/2024)
10/31/2024NOTICE Corrected Dkt. 244-Filing Defendants' Response and Objections to Plaintiff's Pretrial Filings by Greg Abbott, The State of Texas re 244 Notice (Other) (Bryant, Monroe) (Entered: 10/31/2024)
10/30/2024NOTICE of Filing Defendants' Response and Objections to Plaintiff's Pretrial Filings by Greg Abbott, The State of Texas re 241 Notice of Filing (Bryant, Monroe) (Entered: 10/30/2024)
10/30/2024NOTICE of Filing United States' Objections & Responses to Plaintiff's Pretrial Disclosures by United States of America. (Attachments: # 1 Attachment 1: US Objections to Defs' Exhibits, # 2 Attachment 2: US Objections & Counter-designations to Defs' Designations)(Lynk, Brian) (Entered: 10/30/2024)
10/29/2024Response in Opposition to Motion, filed by United States of America., re 235 Opposed MOTION to Exclude Preclude Rebuttal Expert Witness Chapman from Testifying Other Than in Rebuttal filed by Defendant The State of Texas, Defendant Greg Abbott (Attachments: # 1 Exhibit A (July 12 US expert report disclosure), # 2 Exhibit B (Chapman depo excerpts), # 3 Exhibit C (May 10 US expert report disclosure), # 4 Exhibit D (Taylor depo excerpts))(Lynk, Brian) (Entered: 10/29/2024)
10/28/2024NOTICE of Filing United States' Pretrial Submissions by United States of America. (Attachments: # 1 Exhibit List, # 2 Witness List, # 3 Designations, # 4 Stipulations)(Lynk, Brian) (Entered: 10/28/2024)
10/28/2024WITNESS/EXHIBIT/EXPERT LIST by Greg Abbott, The State of Texas Pretrial Filings. (Attachments: # 1 Exhibit)(Bryant, Monroe) (Entered: 10/28/2024)
10/28/2024
  • Response
RESPONSE TO MOTION , filed by Greg Abbott, The State of Texas, re 233 MOTION for Reconsideration re 191 Order on Motion for Protective Order,,,, Order on Motion to exclude,,,, Order on Motion to Strike,,,,,,,,,,,, Order on Motion to Compel,,,,,,,,,,,,,,,, Order on Motion for Miscellaneous Relief,,, filed by Plaintiff United States of America. (Attachments: # 1 Exhibit)(Bryant, Monroe) Modified docket text entry on 10/28/2024 (pg). (Entered: 10/28/2024)
10/25/2024
  • Order
ORDER Setting Zoom Hearing on 233 MOTION for Reconsideration re 191 Order on Motion for Protective Order AND, 235 Opposed MOTION to Exclude Preclude Rebuttal Expert Witness Chapman from Testifying Other Than in Rebuttal : Motions Hearing set for 11/4/2024 02:00 PM before Judge Dustin M. Howell. Signed by Judge Dustin M. Howell. (pg) (Entered: 10/25/2024)
10/25/2024
  • Motion
MOTION REFERRED: referred 235 Opposed MOTION to Exclude Preclude Rebuttal Expert Witness Chapman from Testifying Other Than in Rebuttal. Referral Judge: Dustin M. Howell. (pg) (Entered: 10/25/2024)
10/25/2024
  • Order
Text Order REFERRING 235 Opposed Motion to Exclude to U.S. Magistrate Judge Dustin M. Howell. (Dkt. # 235.) Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kklc) (Entered: 10/25/2024)
10/24/2024Proposed Findings of Fact by Greg Abbott, The State of Texas . (Bryant, Monroe) (Entered: 10/24/2024)
10/24/2024Proposed Findings of Fact by United States of America.. (Lynk, Brian) (Entered: 10/24/2024)
10/24/2024
  • Motion to Exclude Witness
Opposed MOTION to Exclude Preclude Rebuttal Expert Witness Chapman from Testifying Other Than in Rebuttal by Greg Abbott, The State of Texas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Proposed Order Limiting Trial Testimony of Michael D. Chapman)(Bryant, Monroe) (Entered: 10/24/2024)
10/23/2024
  • Order
ORDER Setting Hearing on 233 MOTION for Reconsideration: Motion Hearing by Zoom set for 11/4/2024 02:00 PM before Judge Dustin M. Howell. Signed by Judge Dustin M. Howell. (pg) (Entered: 10/23/2024)
10/22/2024
  • Motion
MOTION REFERRED: referred 233 MOTION for Reconsideration re 191 Order on Motion for Protective Order. Referral Judge: Dustin M. Howell. (pg) (Entered: 10/25/2024)
10/22/2024
  • Order
Text Order REFERRING 233 Motion for Reconsideration re Order 191 to U.S. Magistrate Judge Dustin M. Howell. (Dkt. # 233.) Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kklc) (Entered: 10/22/2024)
10/21/2024
  • Motion for Reconsideration
MOTION for Reconsideration re 191 Order on Motion for Protective Order,,,, Order on Motion to exclude,,,, Order on Motion to Strike,,,,,,,,,,,, Order on Motion to Compel,,,,,,,,,,,,,,,, Order on Motion for Miscellaneous Relief,,, by United States of America.. (Attachments: # 1 Exhibit A - Redacted Cover Email, # 2 Exhibit B - Redacted Expert Outline, # 3 Exhibit C - Motions Hearing Transcript, # 4 Exhibit D - Defendants' Amended Initial Disclosures, # 5 Proposed Order)(Knudsen, Andrew) (Entered: 10/21/2024)
10/16/2024
  • Order
ORDER re 231 Miscellaneous Objection filed by United States of America. Signed by Judge David A. Ezra. (pg) (Entered: 10/17/2024)
10/11/2024Miscellaneous Objection to 191 Order on Motion for Protective Order,,,, Order on Motion to exclude,,,, Order on Motion to Strike,,,,,,,,,,,, Order on Motion to Compel,,,,,,,,,,,,,,,, Order on Motion for Miscellaneous Relief,,, by United States of America.. (Attachments: # 1 Exhibit A - Redacted Cover Email, # 2 Exhibit B - Redacted Expert Outline, # 3 Exhibit C - Motions Hearing Transcript, # 4 Exhibit D - Defendants' Amended Initial Disclosures)(Knudsen, Andrew) (Entered: 10/11/2024)
10/9/2024Transcript filed of Proceedings held on July 25, 2024, Proceedings Transcribed: Motions Hearing. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/30/2024, Redacted Transcript Deadline set for 11/12/2024, Release of Transcript Restriction set for 1/7/2025, Appeal Record due by 10/24/2024, (Rodriguez, Arlinda) (Entered: 10/09/2024)
9/27/2024BRIEF regarding 223 Order on Motion for Extension of Time to File, by The State of Texas. (Bryant, Monroe) (Entered: 09/27/2024)
9/27/2024BRIEF Regarding En Banc Opinions in Response to the Court's Order at August 6, 2024 Status Conference regarding 223 Order on Motion for Extension of Time to File, by United States of America.. (Attachments: # 1 Attachment 1)(Lynk, Brian) (Entered: 09/27/2024)
9/26/2024
  • Order
ORDER, The Court hereby VACATES the preliminary injunction. (Dkt. # 50 ). The case will proceed to a trial on the merits. IT IS SO ORDERED. Signed by Judge David A. Ezra. (pg) (Entered: 09/26/2024)
9/23/2024Certified copy of USCA JUDGMENT ON REHEARING EN BANC. IT IS ORDERED and ADJUDGED that the district court's order granting a preliminary injunction is REVERSED, and the case isREMANDED with instructions to vacate the preliminary injunction and for further proceedings consistent with the majority opinion of the court. The stay pending appeal is DISSOLVED. (Attachments: # 1 Opinion, # 2 5th Cir Letter)(pg) (Entered: 09/25/2024)
9/20/2024
  • Motion for Judgment
USCA JUDGMENT: For the foregoing reasons Texas's petition for a writ of mandamus is DENIED. (Attachments: # 1 5th Cir Letter)(pg) (Entered: 09/25/2024)
9/18/2024
  • OrderGranted
ORDER GRANTING ONE-WEEK EXTENSION. It is ORDERED that the deadline for the parties to submit briefs regarding the en banc decision of the Fifth Circuit Court of Appeals in Case No. 23-50632 is extended to Friday, September 27, 2024. Signed by Judge David A. Ezra. (pg) (Entered: 09/18/2024)
9/17/2024
  • Motion to Extend Time to File Brief
Unopposed MOTION for Extension of Time to File Brief by Greg Abbott, The State of Texas. (Attachments: # 1 Proposed Order Granting One-Week Extension)(Bryant, Monroe) (Entered: 09/17/2024)
8/30/2024
  • Motion to ExcludeDenied
ORDER DENYING 147 Texas's Motion to exclude Relief. Signed by Judge David A. Ezra. (pg) (Entered: 08/30/2024)
8/20/2024Text Order GRANTING 219 Unopposed Motion to Amend Scheduling Order. Proposed Findings of Fact and Conclusions of Law are due Thursday, October 24, 2024. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kjlc) (Entered: 08/20/2024)
8/16/2024
  • Reply
REPLY to Response to Motion, filed by Greg Abbott, The State of Texas, re 147 Opposed MOTION to Exclude Relief Requested by Plaintiff From Pre-Trial Order filed by Defendant The State of Texas, Defendant Greg Abbott (Bryant, Monroe) (Entered: 08/16/2024)
8/14/2024Unopposed MOTION to Amend/Correct 214 Order, Set Deadlines/Hearings by United States of America.. (Attachments: # 1 Proposed Order)(Lynk, Brian) (Entered: 08/14/2024)
8/13/2024Transcript filed of Proceedings held on August 7, 2024, Proceedings Transcribed: Status Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 9/3/2024, Redacted Transcript Deadline set for 9/13/2024, Release of Transcript Restriction set for 11/12/2024, Appeal Record due by 8/28/2024, (Rodriguez, Arlinda) (Entered: 08/13/2024)
8/13/2024Transcript filed of Proceedings held on August 6, 2024, Proceedings Transcribed: Status Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 9/3/2024, Redacted Transcript Deadline set for 9/13/2024, Release of Transcript Restriction set for 11/12/2024, Appeal Record due by 8/28/2024, (Rodriguez, Arlinda) (Entered: 08/13/2024)
8/12/2024Response in Opposition to Motion, filed by United States of America., re 147 Opposed MOTION to Exclude Relief Requested by Plaintiff From Pre-Trial Order filed by Defendant The State of Texas, Defendant Greg Abbott (Lynk, Brian) (Entered: 08/12/2024)
8/7/2024Minute Entry for proceedings held before Judge David A. Ezra: Status Conference held on 8/7/2024 (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(pg) (Entered: 08/09/2024)
8/7/2024TRANSCRIPT REQUEST by Greg Abbott, The State of Texas for proceedings held on 8/07/2024. Proceedings Transcribed: Status Conference. Court Reporter: Arlinda Rodriguez. (Walters, Ryan) (Entered: 08/07/2024)
8/6/2024
  • Order
ORDER RESETTING BENCH TRIAL AND RELATED DEADLINES ( Bench Trial set for 11/7/2024 09:00 AM before Judge David A. Ezra). Signed by Judge David A. Ezra. (pg) (Entered: 08/08/2024)
8/6/2024
  • Order
ORAL ORDER MOOTING 193 Motion in Limine; ORAL ORDER MOOTING 195 Motion in Limine; ORAL ORDER MOOTING 196 Motion in Limine; ORAL WITHDRAWN BY DEFENSE COUNSEL 206 Motion to Preclude Rebuttal Expert Chapman from Testifying inPlaintiff's Case-in-Chief (as addressed in the 212 Status Conference held on 08/06/2024 ) Signed by Judge David A. Ezra. (pg) (Entered: 08/08/2024)
8/6/2024Minute Entry for proceedings held before Judge David A. Ezra: Status Conference held on 8/6/2024 (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(pg) (Entered: 08/08/2024)
8/6/2024
  • Order
ORDER SETTING FURTHER STATUS CONFERENCE ( Status Conference set for 8/7/2024 10:00 AM in Austin before Judge David A. Ezra). Signed by Judge David A. Ezra. (pg) (Entered: 08/06/2024)
8/6/2024TRANSCRIPT REQUEST by Greg Abbott, The State of Texas for proceedings held on 08/06/2024. Proceedings Transcribed: Status Conference. Court Reporter: Arlinda Rodriguez. (Walters, Ryan) (Entered: 08/06/2024)
8/5/2024
  • Motion in Limine
Response in Opposition to Motion, filed by Greg Abbott, The State of Texas, re 196 Opposed MOTION in Limine to Limit Michael Banks's Testimony to Lay Testimony filed by Plaintiff United States of America. (Stone, Johnathan) (Entered: 08/05/2024)
8/5/2024
  • Motion in Limine
Response in Opposition to Motion, filed by Greg Abbott, The State of Texas, re 193 Opposed MOTION in Limine to preclude Defendants' presentation of cumulative expert testimony filed by Plaintiff United States of America. (Stone, Johnathan) (Entered: 08/05/2024)
8/5/2024
  • Motion
Opposed MOTION to Preclude Rebuttal Expert Chapman from Testifying in Plaintiff's Case-in-Chief re 197 Notice of Filing, by Greg Abbott, The State of Texas. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Bryant, Monroe) (Entered: 08/05/2024)
8/2/2024
  • Motion to Stay
ORDER of USCA, IT IS ORDERED that Petitioners' emergency motion for a temporary administrative stay is DENIED AS MOOT. IT IS ORDERED that Petitioners' emergency motion for stay of trial pending disposition of the petition for writ of mandamus is DENIED AS MOOT. (Attachments: # 1 5th Cir. Letter)(pg) (Entered: 08/08/2024)
8/2/2024Second Advisement to the Appropriate Panel of the United States District Court of Appeals for the Fifth Circuit and to the Parties in this Litigation. Signed by Judge David A. Ezra. (klw) (Entered: 08/02/2024)
8/2/2024Reset Hearings: Bench Trial reset for 11/7/2024 before Judge David A. Ezra. (klw) (Entered: 08/02/2024)
8/2/2024
  • Motion to StayGranted
ORDER GRANTING USA's 201 Unopposed Motion to Stay. ORDER that the trial in this matter is hereby continued from August 6, 2024, to November 7, 2024. Signed by Judge David A. Ezra. (klw) (Entered: 08/02/2024)
8/1/2024
  • Order
ORDER setting Status Conference for 8/6/2024 09:00 AM before Judge David A. Ezra. Signed by Judge David A. Ezra. (klw) (Entered: 08/01/2024)
8/1/2024Advisement to the Appropriate Panel of the United States District Court of Appeals for the Fifth Circuit and to the Parties in this Litigation. Signed by Judge David A. Ezra. (klw) (Entered: 08/01/2024)
8/1/2024
  • Motion to Stay
Unopposed MOTION to Stay by United States of America.. (Attachments: # 1 Proposed Order)(Lynk, Brian) (Entered: 08/01/2024)
7/30/2024
  • Motion to ContinueDenied
ORDER DENYING Defendants' 198 Emergency Motion for a Continuance or Stay of Trial. Signed by Judge David A. Ezra. (klw) (Entered: 07/30/2024)
7/30/2024Response in Opposition to Motion, filed by United States of America., re 198 Opposed MOTION to Continue or Stay Trial filed by Defendant The State of Texas, Defendant Greg Abbott (Lynk, Brian) (Entered: 07/30/2024)
7/29/2024
  • Motion to Continue
Opposed MOTION to Continue or Stay Trial by Greg Abbott, The State of Texas. (Attachments: # 1 Proposed Order)(Walters, Ryan) (Entered: 07/29/2024)
7/26/2024NOTICE of Filing United States' Pretrial Disclosures by United States of America. (Attachments: # 1 Attachment A - Exhibit List, # 2 Attachment B - Witness List, # 3 Attachment C - Designations, # 4 Attachment D - Agreed Stipulations)(Lynk, Brian) (Entered: 07/26/2024)
7/26/2024
  • Motion in Limine
Opposed MOTION in Limine to Limit Michael Banks's Testimony to Lay Testimony by United States of America.. (Attachments: # 1 Proposed Order, # 2 Exhibit Ex. 1 Texas Expert Disclosure, # 3 Exhibit Ex. 2 Banks Dep.)(Kimball, Kimere) (Entered: 07/26/2024)
7/26/2024
  • Motion in Limine to Exclude Evidence
Opposed MOTION in Limine to Exclude Evidence and Argument of any CBP Consideration of Floating Barriers Never Built by United States of America.. (Attachments: # 1 Proposed Order, # 2 Exhibit Ex. 1 Texas's Expert Disclosure, # 3 Exhibit Ex. 2 Banks Dep., # 4 Exhibit Ex. 3 Enriquez Decl., # 5 Exhibit Ex. 4 BeMiller Decl.)(Kimball, Kimere) (Entered: 07/26/2024)
7/26/2024
  • Motion in Limine
Proposed Order to 193 Opposed MOTION in Limine to preclude Defendants' presentation of cumulative expert testimony by United States of America.. (Harrison, Bryan) (Entered: 07/26/2024)
7/26/2024
  • Motion in Limine
Opposed MOTION in Limine to preclude Defendants' presentation of cumulative expert testimony by United States of America.. (Attachments: # 1 Exhibit 1 - Texas's Amended Expert Disclosures, # 2 Exhibit 2 - Alexander Deposition Excerpts, # 3 Exhibit 3 - Rubinstein Deposition Excerpts, # 4 Exhibit 4 - Settemeyer Deposition Excerpts)(Harrison, Bryan) (Entered: 07/26/2024)
7/26/2024Pretrial Disclosures by Greg Abbott, The State of Texas. (Attachments: # 1 Exhibit Defendants' Deposition Designations)(Tebo, Kyle) (Entered: 07/26/2024)
7/25/2024Minute Entry for proceedings held before Judge Dustin M. Howell: Motions Hearing held on 7/25/2024 re 130 Opposed MOTION to Exclude Adrian Cortez filed by The State of Texas, Greg Abbott, 164 Opposed MOTION to Compel Production of Document(s) filed by United States of America., 159 Opposed MOTION to Exclude Tim MacAllister filed by The State of Texas, Greg Abbott, 160 Opposed MOTION to Exclude John C. Timmel filed by The State of Texas, Greg Abbott, 172 Opposed MOTION to Compel the Testimony of Justin Peters filed by The State of Texas, Greg Abbott, 185 Amended MOTION to Compel and Request for In Camera Review filed by The State of Texas, Greg Abbott, 136 MOTION to Strike 126 Opposed MOTION for Confidentiality/Protective Order filed by The State of Texas, Greg Abbott, 170 Opposed MOTION to Exclude Certain Opinions of Captain Thomas Ciarametaro filed by United States of America., 126 Opposed MOTION for Confidentiality/Protective Order filed by United States of America. Written Order Forthcoming. (Minute entry documents are not available electronically.). (Court Reporter FTR GOLD- ERO.)(pg) (Entered: 10/01/2024)
7/25/2024Motions No Longer Referred: 130 Opposed MOTION to Exclude Adrian Cortez, 172 Opposed MOTION to Compel the Testimony of Justin Peters, 164 Opposed MOTION to Compel Production of Document(s), 136 MOTION to Strike 126 Opposed MOTION for Confidentiality/Protective Order , 170 Opposed MOTION to Exclude Certain Opinions of Captain Thomas Ciarametaro, 159 Opposed MOTION to Exclude Tim MacAllister, 160 Opposed MOTION to Exclude John C. Timmel, 126 Opposed MOTION for Confidentiality/Protective Order (klw) (Entered: 07/25/2024)
7/25/2024
  • Order
ORDER DENYING AS MOOT United States of America 126 Motion for Protective Order; ORDER DENYING Greg Abbott, The State of Texas's 130 Motion to exclude Adrian Cortez;ORDER DENYING AS MOOT Greg Abbott, The State of Texas's 136 Motion to Strike; ORDER DENYING Greg Abbott, The State of Texas's 159 Motion to exclude Tim MacAllister; ORDER DENYING Greg Abbott, The State of Texas's 160 Motion to exclude John C. Timmel; ORDER GRANTING IN PART AND DENYING IN PART United States of America's 164 Motion to Compel Production of Document(s); ORDER DENYING United States of America's 170 Motion to exclude Certain Opinions of Captain Thomas Ciarametaro; ORDER DENYING Greg Abbott, The State of Texas's 172 Motion to Compel the Testimony of Justin Peters; ORDER DENYING Greg Abbott, The State of Texas's 185 Motion to Compel and Request for In Camera Review. Signed by Judge Dustin M. Howell. (klw) (Entered: 07/25/2024)
7/25/2024
  • Order
Text Order MOOTING 158 Motion for Entry of Scheduling Order entered by Judge Dustin M. Howell. (This is a text-only entry generated by the court. There is no document associated with this entry.) (DH) (Entered: 07/25/2024)
7/25/2024
  • Order
Text Order MOOTING 171 Motion to Compel entered by Judge Dustin M. Howell. This motion has been superseded by the Defendants' amended motion at Dkt. 185. (This is a text-only entry generated by the court. There is no document associated with this entry.) (DH) (Entered: 07/25/2024)
7/24/2024
  • OrderDenied
ORDER DENYING Texass 123 Motion to place the case on the jury docket. ORDER GRANTING IN PART, DENYING IN PART the United States 125 Motion to Dismiss Defendants Counterclaim, to strike theaffirmative defense, and to strike Texass jury demand and advisory juryrequest: GRANTING as to the United States Motion toDismiss Defendants Counterclaim, DENYING the United States Motionto strike Texass affirmative defense, and GRANTING the motion to strikeTexass jury demand and advisory jury request.ORDER DENYING Texass 132 Motion to Strike. Signed by Judge David A. Ezra. (klw) (Entered: 07/24/2024)
7/23/2024ADVISORY TO THE COURT by United States of America. Joint Advisory. (Lynk, Brian) (Entered: 07/23/2024)
7/23/2024
  • Motion to Compel
Proposed Order to 185 Amended MOTION to Compel and Request for In Camera Review by Greg Abbott, The State of Texas. (Stone, Johnathan) (Entered: 07/23/2024)
7/23/2024DEFICIENCY NOTICE to Johnathan Stone: re 185 Amended MOTION to Compel and Request for In Camera Review. Proposed Orders are required when a non-dispositive Motion is filed. DO NOT RE-FILE the entire document. Please, file ONLY the Proposed Order. Use the "PROPOSED ORDER" event from the menu and LINK the Proposed Order to your Motion. (klw) (Entered: 07/23/2024)
7/22/2024
  • Reply
REPLY to Response to Motion, filed by Greg Abbott, The State of Texas, re 172 Opposed MOTION to Compel the Testimony of Justin Peters filed by The State of Texas, Greg Abbott (Stone, Johnathan) (Entered: 07/22/2024)
7/22/2024
  • Reply
REPLY to Response to Motion, filed by Greg Abbott, The State of Texas, re 159 Opposed MOTION to Exclude Tim MacAllister filed by The State of Texas, Greg Abbott (Stone, Johnathan) (Entered: 07/22/2024)
7/22/2024
  • Motion to Compel
Amended MOTION to Compel and Request for In Camera Review by Greg Abbott, The State of Texas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Stone, Johnathan). Added MOTION event for In Camera Review on 7/23/2024 (klw). (Entered: 07/22/2024)
7/22/2024
  • Reply
REPLY to Response to Motion, filed by Greg Abbott, The State of Texas, re 130 Opposed MOTION to Exclude Adrian Cortez filed by The State of Texas, Greg Abbott (Stone, Johnathan) (Entered: 07/22/2024)
7/22/2024
  • Reply
REPLY to Response to Motion, filed by United States of America., re 164 Opposed MOTION to Compel Production of Document(s) filed by Plaintiff United States of America. (Attachments: # 1 Exhibit Iakovou Deposition Additional Transcript Excerpts, # 2 Exhibit Shields Deposition Transcript Excerpts)(Knudsen, Andrew) (Entered: 07/22/2024)
7/22/2024
  • Reply
REPLY to Response to Motion, filed by Greg Abbott, The State of Texas, re 160 Opposed MOTION to Exclude John C. Timmel filed by The State of Texas, Greg Abbott (Stone, Johnathan) (Entered: 07/22/2024)
7/22/2024
  • Reply
REPLY to Response to Motion, filed by United States of America., re 170 Opposed MOTION to Exclude Certain Opinions of Captain Thomas Ciarametaro filed by Plaintiff United States of America. (Lynk, Brian) (Entered: 07/22/2024)
7/22/2024
  • Motion to Extend Time to File ResponseGranted
Text Order GRANTING 179 Agreed MOTION for Extension of Time to File Response/Reply as to 97 Order on Motion for Entry of Scheduling Order, 167 Order, Set/Reset Deadlines. Entered by Judge Dustin M. Howell. (This is a text-only entry generated by the court. There is no document associated with this entry.) (DH) (Entered: 07/22/2024)
7/22/2024Per Plaintiff's notice at Dkt. 169, notifying the Court of its withdrawal of this motion, the Court enters this Text Order MOOTING 165 Motion to Exclude Select Experts, entered by Judge Dustin M. Howell. (This is a text-only entry generated by the court. There is no document associated with this entry.) (DH) (Entered: 07/22/2024)
7/19/2024
  • Response
RESPONSE to Motion, filed by Greg Abbott, The State of Texas, re 164 Opposed MOTION to Compel Production of Document(s) filed by Plaintiff United States of America. (Stone, Johnathan) (Entered: 07/19/2024)
7/19/2024
  • Motion to Extend Time to File Response
Agreed MOTION for Extension of Time to File Response/Reply as to 97 Order on Motion for Entry of Scheduling Order, 167 Order, Set/Reset Deadlines and Revise Discovery Schedule by Greg Abbott, The State of Texas. (Attachments: # 1 Proposed Order)(Stone, Johnathan) (Entered: 07/19/2024)
7/19/2024Memorandum in Opposition to Motion, filed by United States of America., re 172 Opposed MOTION to Compel the Testimony of Justin Peters filed by The State of Texas, Greg Abbott CORRECTED (Wade, Landon) (Entered: 07/19/2024)
7/18/2024
  • Motion to Exclude
Response in Opposition to Motion, filed by Greg Abbott, The State of Texas, re 170 Opposed MOTION to Exclude Certain Opinions of Captain Thomas Ciarametaro filed by Plaintiff United States of America. (Attachments: # 1 Exhibit Ex. A - USA Initial Disclosures, # 2 Exhibit Ex. B - Timmel Expert Report, # 3 Exhibit Ex. C - TX Expert Identification, # 4 Exhibit Ex. D - Ciarametaro Report, # 5 Exhibit Ex. E - Ciarametaro Depo Transcript)(Stone, Johnathan) (Entered: 07/18/2024)
7/18/2024Memorandum in Opposition to Motion, filed by United States of America., re 159 Opposed MOTION to Exclude Tim MacAllister filed by The State of Texas, Greg Abbott (Knudsen, Andrew) (Entered: 07/18/2024)
7/18/2024Memorandum in Opposition to Motion, filed by United States of America., re 160 Opposed MOTION to Exclude John C. Timmel filed by The State of Texas, Greg Abbott (Attachments: # 1 Exhibit A)(Knudsen, Andrew) (Entered: 07/18/2024)
7/18/2024Response in Opposition to Motion, filed by United States of America., re 172 Opposed MOTION to Compel the Testimony of Justin Peters filed by The State of Texas, Greg Abbott (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Wade, Landon) (Entered: 07/18/2024)
7/18/2024Response in Opposition to Motion, filed by United States of America., re 171 Opposed MOTION to Compel Production of Unredacted Emails filed by The State of Texas, Greg Abbott (Attachments: # 1 Exhibit 1- Gomez emails, # 2 Exhibit 2 - Gomez emails, # 3 Exhibit 3 - Gomez emails, # 4 Exhibit 4 - Gomez emails)(Wade, Landon) (Entered: 07/18/2024)
7/17/2024
  • Motion to Compel
Opposed MOTION to Compel the Testimony of Justin Peters by Greg Abbott, The State of Texas. (Attachments: # 1 Exhibit Ex. A - USA Initial Disclosures, # 2 Exhibit Ex. B - Washington Post Story, # 3 Proposed Order Proposed Order)(Stone, Johnathan) (Entered: 07/17/2024)
7/17/2024
  • Motion to Compel
Opposed MOTION to Compel Production of Unredacted Emails by Greg Abbott, The State of Texas. (Attachments: # 1 Exhibit Ex A - Deliberative Process Declaration, # 2 Exhibit Ex. B - Binational Survey, # 3 Proposed Order Proposed Order)(Stone, Johnathan) (Entered: 07/17/2024)
7/17/2024
  • Motion to Exclude
Opposed MOTION to Exclude Certain Opinions of Captain Thomas Ciarametaro by United States of America.. (Attachments: # 1 Exhibit 1 Ciarametaro Report, # 2 Exhibit Ciarametaro Deposition Transcript Excerpts, # 3 Proposed Order)(Knudsen, Andrew) (Entered: 07/17/2024)
7/17/2024NOTICE of Withdrawal of Motion and Reservation of Rights by United States of America. re 165 Opposed MOTION to Exclude Select Experts (Knudsen, Andrew) (Entered: 07/17/2024)
7/17/2024NOTICE of Attorney Appearance by Darryl S. Vereen on behalf of United States of America.. Attorney Darryl S. Vereen added to party United States of America.(pty:pla) (Vereen, Darryl) (Entered: 07/17/2024)
7/17/2024
  • Order
ORDER Setting Briefing Schedule. Signed by Judge Dustin M. Howell. (klw) (Entered: 07/17/2024)
7/17/2024
  • Motion
MOTION REFERRED: referred 164 Opposed MOTION to Compel Production of Document(s), 165 Opposed MOTION to Exclude Select Experts. Referral Judge: Dustin M. Howell. (klw) (Entered: 07/17/2024)
7/17/2024
  • Order
Text Order REFERRING 165 Motion to exclude (Dkt. # 165) to Magistrate Judge Dustin Howell. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kjlc) (Entered: 07/17/2024)
7/17/2024
  • Order
Text Order REFERRING 164 Motion to Compel (Dkt. # 164) to Magistrate Judge Dustin Howell. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kjlc) (Entered: 07/17/2024)
7/16/2024
  • Motion to Appear Pro Hac ViceGranted
ORDER GRANTING 163 Motion for Laura Brown to Appear Pro Hac Vice for the United States of America. Signed by Judge David A. Ezra. (klw) (Entered: 07/17/2024)
7/16/2024
  • Motion to Exclude
Opposed MOTION to Exclude Select Experts by United States of America.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit Alexander Deposition Transcript Excerpts, # 5 Exhibit Banks Deposition Transcript Excerpts, # 6 Exhibit Banks Deposition Exhibit 1, # 7 Exhibit Ciarametaro Deposition Transcript Excerpts, # 8 Exhibit Magers Deposition Transcript Excerpts, # 9 Exhibit Rubinstein Deposition Transcript Excerpts, # 10 Exhibit Settemeyer Deposition Transcript Excerpts, # 11 Proposed Order)(Knudsen, Andrew) (Entered: 07/16/2024)
7/16/2024
  • Motion to Compel Production Document
Opposed MOTION to Compel Production of Document(s) by United States of America.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit Ciarametaro Deposition Transcript Excerpts, # 4 Exhibit Iakovou Deposition Transcript Excerpts, # 5 Exhibit Miller Deposition Transcript Excerpts, # 6 Proposed Order)(Knudsen, Andrew) (Entered: 07/16/2024)
7/16/2024
  • Motion
MOTION REFERRED: referred 158 Opposed MOTION for Entry of Scheduling Order Deadlines for Motions to be Heard at July 25, 2024 Hearing, 159 Opposed MOTION to Exclude Tim MacAllister, 160 Opposed MOTION to Exclude John C. Timmel. Referral Judge: Dustin M. Howell. (klw) (Entered: 07/16/2024)
7/16/2024
  • Motion to Appear Pro Hac Vice
MOTION for Admission Pro Hac Vice for Laura J. Brown (fee waived) by United States of America.. (Knudsen, Andrew) (Entered: 07/16/2024)
7/16/2024Proposed Order to 158 Opposed MOTION for Entry of Scheduling Order Deadlines for Motions to be Heard at July 25, 2024 Hearing by United States of America.. (Knudsen, Andrew) (Entered: 07/16/2024)
7/16/2024NOTICE of Attorney Appearance by Mark L. Walters on behalf of United States of America.. Attorney Mark L. Walters added to party United States of America.(pty:pla), Attorney Mark L. Walters added to party United States of America.(pty:cd) (Walters, Mark) (Entered: 07/16/2024)
7/16/2024
  • Order
Text Order REFERRING 160 Motion to exclude (Dkt. # 160) to Magistrate Judge Dustin Howell. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kjlc) (Entered: 07/16/2024)
7/16/2024
  • Order
Text Order REFERRING 159 Motion to exclude (Dkt. # 159) to Magistrate Judge Dustin Howell. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kjlc) (Entered: 07/16/2024)
7/16/2024
  • Order
Text Order REFERRING 158 Opposed Motion for Entry of Scheduling Order (Dkt. # 158) to Magistrate Judge Dustin Howell. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kjlc) (Entered: 07/16/2024)
7/16/2024DEFICIENCY NOTICE to Andrew Knudsen: re 158 Opposed MOTION for Entry of Scheduling Order Deadlines for Motions to be Heard at July 25, 2024 Hearing. Proposed Orders are required when a non-dispositive Motion is filed. DO NOT RE-FILE the entire document. Please, file ONLY the Proposed Order. Use the "PROPOSED ORDER" event from the menu and LINK the Proposed Order to your Motion. (klw) (Entered: 07/16/2024)
7/16/2024
  • Motion to Exclude
Opposed MOTION to Exclude or Limit the Expert Witness Testimony of John C. Timmel by Greg Abbott, The State of Texas. (Attachments: # 1 Exhibit Ex. A - Expert Disclosures, # 2 Exhibit Ex. B - Timmel Expert Report, # 3 Exhibit Ex. C - Timmel Supp Expert Report, # 4 Exhibit Ex. D - Timmel Depo Transcript, # 5 Proposed Order Proposed Order)(Stone, Johnathan) Modified on 7/16/2024 to clarify text (klw). (Entered: 07/16/2024)
7/15/2024
  • Motion to Exclude
Opposed MOTION to Exclude or Limit Expert Witness Testimony of Tim MacAllister by Greg Abbott, The State of Texas. (Attachments: # 1 Exhibit Ex. A - Expert Disclosures, # 2 Exhibit Ex. B - MacAllister Expert Report, # 3 Exhibit Ex. C - MacAllister Depo Transcript, # 4 Proposed Order Proposed Order)(Stone, Johnathan) Modified on 7/16/2024 to clarify text (klw). (Entered: 07/15/2024)
7/15/2024Opposed MOTION for Entry of Scheduling Order Deadlines for Motions to be Heard at July 25, 2024 Hearing by United States of America.. (Attachments: # 1 Exhibit 1)(Knudsen, Andrew) (Entered: 07/15/2024)
7/15/2024
  • Motion to Appear Pro Hac ViceGranted
ORDER GRANTING 156 MOTION for Admission Pro Hac Vice for Krystal-Rose Perez. Signed by Judge David A. Ezra. (klw) (Entered: 07/15/2024)
7/12/2024
  • Motion to Appear Pro Hac Vice
MOTION for Admission Pro Hac Vice for Krystal-Rose Perez (fee waived) by United States of America.. (Attachments: # 1 Exhibit)(Kimball, Kimere) (Entered: 07/12/2024)
7/12/2024
  • Reply
REPLY to Response to Motion, filed by United States of America., re 125 Opposed MOTION to Dismiss for Lack of Jurisdiction Defendants' Counterclaim, to Strike Defendants' Constitutional Defense, to Strike Jury Demand and Advisory Jury Request, and for Leave to File MOTION to Strike filed by United States of America. (Knudsen, Andrew) (Entered: 07/12/2024)
7/12/2024NOTICE of Attorney Appearance by Zachary Berg on behalf of Greg Abbott, The State of Texas (Berg, Zachary) (Entered: 07/12/2024)
7/11/2024NOTICE of Attorney Appearance by Faith Johnson Lowry on behalf of United States of America.. Attorney Faith Johnson Lowry added to party United States of America.(pty:pla) (Lowry, Faith) (Main Document 153 replaced on 7/11/2024) (klw). (Entered: 07/11/2024)
7/8/2024
  • Reply
REPLY to Response to Motion, filed by Greg Abbott, The State of Texas, re 132 Opposed MOTION to Strike 125 Opposed MOTION to Dismiss for Lack of Jurisdiction Defendants' Counterclaim, to Strike Defendants' Constitutional Defense, to Strike Jury Demand and Advisory Jury Request, and for Leave to File MOTION filed by Defendant The State of Texas, Defendant Greg Abbott (Bryant, Monroe) (Entered: 07/08/2024)
7/8/2024Response in Opposition to Motion, filed by United States of America., re 130 Opposed MOTION to Exclude Adrian Cortez filed by The State of Texas, Greg Abbott (Knudsen, Andrew) (Entered: 07/08/2024)
7/5/2024
  • Motion to Dismiss for Lack of Jurisdiction
Memorandum in Opposition to Motion, filed by Greg Abbott, The State of Texas, re 125 Opposed MOTION to Dismiss for Lack of Jurisdiction Defendants' Counterclaim, to Strike Defendants' Constitutional Defense, to Strike Jury Demand and Advisory Jury Request, and for Leave to File MOTION to Strike filed by United States of America. (Walters, Ryan) (Entered: 07/05/2024)
7/5/2024
  • Response
RESPONSE to Motion, filed by United States of America., re 133 Opposed MOTION to Compel Plaintiff's Interrogatory Responses filed by Defendant The State of Texas, Defendant Greg Abbott (Lynk, Brian) (Entered: 07/05/2024)
7/5/2024NOTICE by United States of America. re 147 Opposed MOTION to Exclude Relief Requested by Plaintiff From Pre-Trial Order (Lynk, Brian) (Entered: 07/05/2024)
7/3/2024
  • Motion to Exclude
Opposed MOTION to Exclude Relief Requested by Plaintiff From Pre-Trial Order by Greg Abbott, The State of Texas. (Bryant, Monroe) (Entered: 07/03/2024)
7/2/2024NOTICE of Correction to Declaration of Adrian Cortez (USIBWC) by United States of America. re 142 Reply to Response to Motion, (Attachments: # 1 Exhibit Declaration of Adrian Cortez (USIBWC))(Harrison, Bryan) (Entered: 07/02/2024)
7/2/2024
  • Order
ORDER re 144 Motion Hearing. ORDER that any pending or contemplated discovery or Daubert motions would be heard on Thursday, July 25, 2024. Signed by Judge Dustin M. Howell. (klw) (Entered: 07/02/2024)
7/2/2024Minute Entry for proceedings held before Judge Dustin M. Howell: Motion Hearing held on 7/2/2024 re 124 Opposed MOTION For Leave to Take Depositions in Excess of 10 under FRCP 30 filed by The State of Texas, Greg Abbott. Written Order forthcoming. (Minute entry documents are not available electronically.). (Court Reporter FTR.)(klw) (Entered: 07/02/2024)
7/2/2024
  • Motion to Strike
RESPONSE in Support, filed by Greg Abbott, The State of Texas, re 136 MOTION to Strike 126 Opposed MOTION for Confidentiality/Protective Order filed by The State of Texas, Greg Abbott (Stone, Johnathan) (Entered: 07/02/2024)
7/2/2024
  • Reply
REPLY to Response to Motion, filed by United States of America., re 126 Opposed MOTION for Confidentiality/Protective Order filed by United States of America. (Attachments: # 1 Exhibit Declaration of Adrian Cortez (USIBWC), # 2 Exhibit Declaration of Margaret Gaffney-Smith (USACE))(Harrison, Bryan) (Entered: 07/02/2024)
7/2/2024Response in Opposition to Motion, filed by United States of America., re 136 MOTION to Strike 126 Opposed MOTION for Confidentiality/Protective Order filed by The State of Texas, Greg Abbott (Harrison, Bryan) (Entered: 07/02/2024)
7/1/2024Memorandum in Opposition to Motion, filed by United States of America., re 132 Opposed MOTION to Strike 125 Opposed MOTION to Dismiss for Lack of Jurisdiction Defendants' Counterclaim, to Strike Defendants' Constitutional Defense, to Strike Jury Demand and Advisory Jury Request, and for Leave to File MOTION filed by Defendant The State of Texas, Defendant Greg Abbott (Lynk, Brian) (Entered: 07/01/2024)
7/1/2024In light of the parties' representations in their Joint Advisory, Dkt. 139, the Court hereby MOOTS Defendants' Expedited Motion for Leave to Take Depositions on Oral Questions in Excess of Ten [Dkt. 124]. Entered by Judge Dustin M. Howell. (This is a text-only entry generated by the court. There is no document associated with this entry.) (DH) (Entered: 07/01/2024)
7/1/2024ADVISORY TO THE COURT by United States of America. and Defendants (with express permission). (Harrison, Bryan) (Entered: 07/01/2024)
7/1/2024
  • Motion to File Opposition
ORDER Plaintiff to file its opposition, if any, to Defendants 130 Opposed MOTION to Exclude Adrian Cortez no later than 5:00 p.m., July 8, 2024. Signed by Judge Dustin M. Howell. (klw) (Entered: 07/01/2024)
6/28/2024
  • Motion
MOTION REFERRED: referred 136 MOTION to Strike 126 Opposed MOTION for Confidentiality/Protective Order , 133 Opposed MOTION to Compel Plaintiff's Interrogatory Responses, 126 Opposed MOTION for Confidentiality/Protective Order . Referral Judge: Dustin M. Howell. (klw) (Entered: 06/30/2024)
6/28/2024
  • Motion for Protective Order
Response in Opposition to Motion, filed by Greg Abbott, The State of Texas, re 126 Opposed MOTION for Confidentiality/Protective Order filed by United States of America. (Stone, Johnathan) (Entered: 06/28/2024)
6/28/2024
  • Order
Text Order REFERRING 136 Motion to Strike (Dkt. # 136) to Magistrate Judge Dustin Howell. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kjlc) (Entered: 06/28/2024)
6/28/2024
  • Order
Text Order REFERRING 133 Opposed Motion to Compel (Dkt. # 133) to Magistrate Judge Dustin Howell. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kjlc) (Entered: 06/28/2024)
6/28/2024
  • Order
Text Order REFERRING 126 Opposed Motion for Protective Order (Dkt. # 126) to Magistrate Judge Dustin Howell. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kjlc) (Entered: 06/28/2024)
6/27/2024
  • Motion to Strike
MOTION to Strike 126 Opposed MOTION for Confidentiality/Protective Order by Greg Abbott, The State of Texas. (Attachments: # 1 Exhibit Ex. A - Emails, # 2 Exhibit Ex. B - Emails, # 3 Proposed Order Proposed Order)(Stone, Johnathan) (Entered: 06/27/2024)
6/27/2024
  • Reply
REPLY to Response to Motion, filed by Greg Abbott, The State of Texas, re 123 MOTION TO PLACE CASE ON JURY DOCKET filed by Defendant The State of Texas, Defendant Greg Abbott (Bryant, Monroe) (Entered: 06/27/2024)
6/27/2024
  • Order
ORDER Setting Hearing by ZOOM on 124 Opposed MOTION For Leave to Take Depositions in Excess of 10 under FRCP 30 for 7/2/2024 02:00 PM before Judge Dustin M. Howell. Signed by Judge Dustin M. Howell. (klw) (Entered: 06/27/2024)
6/27/2024
  • Motion to Compel Response
Opposed MOTION to Compel Plaintiff's Interrogatory Responses by Greg Abbott, The State of Texas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order Granting Motion to Compel)(Stone, Johnathan) (Entered: 06/27/2024)
6/27/2024
  • Motion to Strike
Opposed MOTION to Strike 125 Opposed MOTION to Dismiss for Lack of Jurisdiction Defendants' Counterclaim, to Strike Defendants' Constitutional Defense, to Strike Jury Demand and Advisory Jury Request, and for Leave to File MOTION to Strike by Greg Abbott, The State of Texas. (Attachments: # 1 Proposed Order Striking Plaintiff's Motion to Dismiss)(Stone, Johnathan) (Entered: 06/27/2024)
6/26/2024NOTICE of Intent to File Response to Motion on or before the Court-ordered deadline of Friday, August 2, 2024 by United States of America. re 130 Opposed MOTION to Exclude Adrian Cortez (Harrison, Bryan) (Entered: 06/26/2024)
6/26/2024
  • Motion
MOTION REFERRED: referred 130 Opposed MOTION to Exclude Adrian Cortez, 124 Opposed MOTION For Leave to Take Depositions in Excess of 10 under FRCP 30. Referral Judge: Dustin M. Howell. (klw) (Entered: 06/26/2024)
6/26/2024
  • Order
Text Order REFERRING [Dkt. # 130] Motion to exclude Adrian Cortez to Magistrate Judge Dustin Howell. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sklc) (Entered: 06/26/2024)
6/26/2024
  • Order
Text Order REFERRING [Dkt. # 124] Motion For Leave to Take Depositions in Excess of 10 under FRCP 30 to Magistrate Judge Dustin Howell. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sklc) (Entered: 06/26/2024)
6/25/2024
  • Motion to Exclude
Opposed MOTION to Exclude Adrian Cortez by Greg Abbott, The State of Texas. (Attachments: # 1 Exhibit Ex. A - USA Initial Disclosures, # 2 Exhibit Ex. B - USA Expert Designations, # 3 Exhibit Ex. C - Cortez Expert Report, # 4 Exhibit Ex. D - Cortez Depo Transcript, # 5 Proposed Order Proposed Order)(Stone, Johnathan) (Entered: 06/25/2024)
6/25/2024Response in Opposition to Motion, filed by United States of America., re 124 Opposed MOTION For Leave to Take Depositions in Excess of 10 under FRCP 30 filed by Defendant The State of Texas, Defendant Greg Abbott (Harrison, Bryan) (Entered: 06/25/2024)
6/22/2024Response in Opposition to Motion, filed by United States of America., re 123 MOTION TO PLACE CASE ON JURY DOCKET filed by Defendant The State of Texas, Defendant Greg Abbott (Lynk, Brian) (Entered: 06/22/2024)
6/21/2024
  • Motion for Protective Order
Opposed MOTION for Confidentiality/Protective Order by United States of America.. (Attachments: # 1 Appendix Table of Topics Objected to by Agency and Objection Bases, # 2 Exhibit 1 - Combined Original 30(b)(6) Deposition Notices, # 3 Exhibit 2 - Amended IBWC 30(b)(6) Deposition Notice, # 4 Exhibit 3 - Amended USCG 30(b)(6) Deposition Notice, # 5 Exhibit 4 - Amended USACE 30(b)(6) Deposition Notice, # 6 Exhibit 5 - Amended CBP 30(b)(6) Deposition Notice, # 7 Proposed Order)(Harrison, Bryan) (Entered: 06/21/2024)
6/21/2024
  • Motion to Dismiss for Lack of Jurisdiction
Opposed MOTION to Dismiss for Lack of Jurisdiction Defendants' Counterclaim, to Strike Defendants' Constitutional Defense, to Strike Jury Demand and Advisory Jury Request, and for Leave to File by United States of America.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Proposed Order)(Lynk, Brian). Added MOTION to Strike on 6/24/2024 (klw). (Entered: 06/21/2024)
6/21/2024
  • Motion
Opposed MOTION For Leave to Take Depositions in Excess of 10 under FRCP 30 by Greg Abbott, The State of Texas. (Attachments: # 1 Proposed Order)(Stone, Johnathan) (Entered: 06/21/2024)
6/21/2024
  • Motion
MOTION TO PLACE CASE ON JURY DOCKET by Greg Abbott, The State of Texas. (Attachments: # 1 Proposed Order)(Stone, Johnathan) (Entered: 06/21/2024)
6/14/2024DESIGNATION OF EXPERT WITNESSES by Greg Abbott(in his capacity as Governor of the State of Texas), The State of Texas . (Attachments: # 1 Exhibit USA Expert Report - Adrian Cortez, # 2 Exhibit USA Expert Report - John Timmel, # 3 Exhibit USA Expert Report - Ben Johnson, # 4 Exhibit USA Expert Report - Tim MacAllister, # 5 Exhibit TX Expert Report - TJ Ciarametaro, # 6 Exhibit TX Expert Report - Magers & Hart, # 7 Exhibit TX Expert Report - Rubinstein & Settemeyer, # 8 Exhibit TX Expert Report - Doug Shields, # 9 Exhibit TX Expert Report - Ancil Taylor, # 10 Exhibit TX Expert Report - Tong Zhao, # 11 Exhibit TX Expert Report - Eleftherios Iakovou, # 12 Exhibit TX Expert Report - Heather Miller)(Stone, Johnathan) (Entered: 06/14/2024)
5/31/2024
  • Order
ORDER Regarding Discovery Procedures and Confidential Information. Signed by Judge David A. Ezra. (klw) (Entered: 06/24/2024)
5/31/2024
  • Order
ORDER Regarding Discovery Procedures and Confidential Information. Signed by Judge David A. Ezra. (klw) (Entered: 05/31/2024)
5/24/2024
  • Answer
AMENDED ANSWER to 60 Amended Complaint , COUNTERCLAIM against United States of America. by Greg Abbott, The State of Texas. (Walters, Ryan) (Entered: 05/24/2024)
5/14/2024DEFICIENCY NOTICE to Robert A. Heghmann: re 119 MOTION to Amend the Judgment. Clerk notes this document is deficient as the filer did not first seek permission from the court before filing this pleading as instructed in 113 Order. (klw) (Entered: 05/14/2024)
5/13/2024
  • Motion to Amend Judgment
*** DOCUMENT IS DEFICENT *** Movant's MOTION to Amend the Judgment by Robert A. Heghmann. (klw) (Entered: 05/14/2024)
5/10/2024
  • Answer
Original ANSWER to 60 Amended Complaint with Jury Demand , COUNTERCLAIM against United States of America. by Greg Abbott, The State of Texas.(Walters, Ryan) (Entered: 05/10/2024)
5/9/2024
  • Order
ORDER REGARDING DISCOVERY PROCEDURES AND CONFIDENTIAL INFORMATION. Signed by Judge David A. Ezra. (pg) (Entered: 05/10/2024)
5/2/2024DEFICIENCY NOTICE to Robert A. Heghmann: re 116 MOTION for Appointment of Special Master. Clerk notes this document is deficient as the filer did not first seek permission from the court before filing this pleading as instructed in 113 Order. (klw) (Entered: 05/08/2024)
5/2/2024
  • Motion
*** DOCUMENT IS DEFICENT *** Movant's Motion for Appointment of Special Master filed by Robert A. Heghmann. (klw) (Entered: 05/08/2024)
4/26/2024
  • Motion
Joint MOTION to Enter Stipulation and Proposed Order Regarding Discovery Procedures & Confidential Information by United States of America.. (Attachments: # 1 Stipulation and Proposed Order)(Lynk, Brian) (Entered: 04/26/2024)
4/26/2024
  • Motion to Dismiss (Demurrer)Partial
ORDER GRANTING IN PART AND DENYING IN PART The State of Texas's 62 Motion to Dismiss. Signed by Judge David A. Ezra. (klw) (Entered: 04/26/2024)
4/25/2024Copy of 113 Order sent to Robert A. Heghmann, P.O Box 2108, Leander, TX 78646 via first class mail. (klw) (Entered: 04/25/2024)
4/24/2024
  • OrderDenied
ORDER DENYING Movant Heghmann's 98 Petition for a Writ of Error Coram Nobis; ORDER DENYING as MOOT Movant Heghmann's 110 Motion for Declaratory Judgment. ORDER that the clerk shall not accept any filings from Movantwithout approval of the Court. Signed by Judge David A. Ezra. (klw) (Entered: 04/25/2024)
4/22/2024APPENDIX by Robert A. Heghmann. (Attachments: # 1 Exhibits 1-5, # 2 Exhibits 6-10, # 3 Exhibits 11-15, # 4 Exhibis 16-20, # 5 Exhibits 21-25)(klw) (Entered: 04/23/2024)
4/22/2024Movant's Memorandum in Support of 98 Petition for a Writ of Error Coram Nobis and 110 MOTION for Declaratory Judgment by Robert A. Heghmann. (klw) (Entered: 04/23/2024)
4/22/2024
  • Motion for Declaratory Judgment
Movant's MOTION for Declaratory Judgment by Robert A. Heghmann. (klw) (Entered: 04/23/2024)
4/9/2024NOTICE of Attorney Appearance by Amy Snow Hilton on behalf of Greg Abbott, The State of Texas . Attorney Amy Snow Hilton added to party Greg Abbott(pty:dft), Attorney Amy Snow Hilton added to party The State of Texas (pty:dft) (Hilton, Amy) (Entered: 04/09/2024)
4/7/2024
  • Response
RESPONSE to Notice of Supplemental Authority to 107 Notice (Other) by Greg Abbott, The State of Texas. (Walters, Ryan) (Entered: 04/07/2024)
3/27/2024NOTICE of Supplemental Authority by United States of America. (Attachments: # 1 Exhibit A - United States v. Texas, No. 24-50149 (5th Cir. Mar. 26, 2024))(Knudsen, Andrew) (Entered: 03/27/2024)
3/26/2024
  • Motion to Dismiss for Failure to State a Claim
SUPPLEMENTAL MEMORANDUM to 62 Motion to Dismiss for Failure to State a Claim in the First Amended Complaint by Greg Abbott, The State of Texas. (Walters, Ryan) (Entered: 03/26/2024)
3/26/2024
  • Motion to Dismiss (Demurrer)
SUPPLEMENTAL MEMORANDUM in Response to Defendants' 62 Motion to Dismiss by United States of America.. (Knudsen, Andrew) Modified on 3/27/2024 to create a link (klw). (Entered: 03/26/2024)
3/25/2024
  • Reply
Petitioner's REPLY to Govt's 99 Response to Heghmann's 98 Application for Writ of Error Coram Nobis. (klw) (Entered: 03/27/2024)
3/21/2024Transcript filed of Proceedings held on 03/19/2024, Proceedings Transcribed: Motion Hearing. Court Reporter/Transcriber: Lisa Blanks, Telephone number: 2102445038. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 4/11/2024, Redacted Transcript Deadline set for 4/22/2024, Release of Transcript Restriction set for 6/20/2024, Appeal Record due by 4/5/2024, (Blanks, Lisa) (Entered: 03/21/2024)
3/19/2024Minute Entry for proceedings held before Judge David A. Ezra: Motion Hearing held on 3/19/2024 re 62 Motion to Dismiss for Failure to State a Claim in the First Amended Complaint filed by The State of Texas, Greg Abbott (Minute entry documents are not available electronically.). (Court Reporter Lisa Blanks.)(klw) (Entered: 03/21/2024)
3/19/2024TRANSCRIPT REQUEST by Greg Abbott, The State of Texas for proceedings held on 03/19/2024. Proceedings Transcribed: Motion to Dismiss Hearing. Court Reporter: Lisa Blanks. (Przada, Jacob) (Entered: 03/19/2024)
3/15/2024
  • Order
ORDER Reetting Hearing on 62 Motion to Dismiss for Failure to State a Claim in the First Amended Complaint for 3/19/2024 09:30 AM before Judge David A. Ezra. Signed by Judge David A. Ezra. (klw) (Entered: 03/15/2024)
3/8/2024RESPONSE in Opposition to 98 Application for Writ by United States of America.. (Knudsen, Andrew) (Entered: 03/08/2024)
3/5/2024
  • OrderGranted
ORDER GRANTING Joint 96 Motion for Entry of Scheduling Order. Signed by Judge David A. Ezra. (klw) (Entered: 03/05/2024)
3/4/2024
  • Motion
APPLICATION for a Writ of Error Coram Nobis by Robert A. Heghmann. (klw) Modified on 4/24/2024 to change to type motion(kc). (Entered: 03/06/2024)
3/1/2024Joint MOTION for Entry of Scheduling Order Deadlines by United States of America.. (Attachments: # 1 Proposed Order)(Lynk, Brian) (Entered: 03/01/2024)
2/28/2024Transcript filed of Proceedings held on 02/22/2024, Proceedings Transcribed: status conference. Court Reporter/Transcriber: Lisa Blanks, Telephone number: 210-244-5038. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 3/20/2024, Redacted Transcript Deadline set for 4/1/2024, Release of Transcript Restriction set for 5/28/2024, Appeal Record due by 3/14/2024, (Blanks, Lisa) (Entered: 02/28/2024)
2/28/2024
  • Motion to Appear Pro Hac ViceGranted
ORDER GRANTING 92 Motion for Bryan J. Harrison to Appear Pro Hac Vice for USA. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge David A. Ezra. (klw) (Entered: 02/28/2024)
2/28/2024Certification of the First Supplemental Electronic Record on Appeal has been accepted by the 5th Circuit re Notice of Appeal - Interlocutory. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions here (klw) (Entered: 02/28/2024)
2/26/2024
  • Motion to Appear Pro Hac Vice
MOTION to Appear Pro Hac Vice by Brian H. Lynk for Bryan J. Harrison by on behalf of United States of America.. (Lynk, Brian) (Entered: 02/26/2024)
2/23/2024
  • Order
ORDER, ( Bench Trial reset for 8/6/2024 at 9:00 AM before Judge David A. Ezra,). Signed by Judge David A. Ezra. (dm) (Entered: 02/23/2024)
2/23/2024
  • Motion to Dismiss for Failure to State a Claim
ORDER re 62 Motion to Dismiss for Failure to State a Claim in the First Amended Complaint filed by The State of Texas, Greg Abbott, Set ( Motion Hearing set for 3/19/2024 at 9:00 AM before Judge David A. Ezra,). Signed by Judge David A. Ezra. (dm) (Entered: 02/23/2024)
2/22/2024
  • Order
ORDER of USCA to Supplement the Record as to the Notice of Appeal - Interlocutory. (klw) (Entered: 02/27/2024)
2/22/2024Minute Entry for proceedings held before Judge David A. Ezra: Status Conference held on 2/22/2024 (Minute entry documents are not available electronically.). (Court Reporter Lisa Blanks.)(dm) (Entered: 02/23/2024)
2/22/2024TRANSCRIPT REQUEST Expedited by Greg Abbott, The State of Texas for proceedings held on 2/22/24. Proceedings Transcribed: Status Conference. Court Reporter: Lisa Blanks. (Walters, Ryan) (Entered: 02/22/2024)
2/20/2024
  • Order
ORDER setting Status Conference for 2/22/2024 09:00 AM before Judge David A. Ezra. Signed by Judge David A. Ezra. (klw) (Entered: 02/20/2024)
2/15/2024NOTICE of Attorney Appearance by Johnathan Stone on behalf of Greg Abbott, The State of Texas . Attorney Johnathan Stone added to party Greg Abbott(pty:dft), Attorney Johnathan Stone added to party The State of Texas (pty:dft) (Stone, Johnathan) (Entered: 02/15/2024)
2/13/2024Joint MOTION to Vacate Schedule and Order Conference of the Parties by United States of America.. (Knudsen, Andrew) (Entered: 02/13/2024)
2/9/2024
  • Order
AMENDED ORDER of USCA re Notice of Appeal - Interlocutory, DENYING Appellants Emergency Motion to Stay Trial Proceedings Pending En Banc Review and ORDER VACATING the administrative stay previously issued by this court on 01/27/24. (klw) (Entered: 02/13/2024)
2/9/2024
  • OrderDenied
ORDER of USCA DENYING the Appellants Emergency Motion to StayTrial Proceedings Pending En Banc Review re Notice of Appeal - Interlocutory. (klw) (Entered: 02/12/2024)
1/30/2024
  • Motion to Withdraw as CounselGranted
Text Order GRANTING 81 Motion to Withdraw as Attorney. (Dkt. # 81.) Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kj) (Entered: 01/30/2024)
1/30/2024
  • Motion to Withdraw as CounselGranted
Text Order GRANTING 80 Motion to Withdraw as Attorney. (Dkt. #80.) Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kj) (Entered: 01/30/2024)
1/29/2024
  • Motion to StayGranted
ORDER of USCA GRANTING Appellants opposed motion for a stay of the district courts preliminary injunction pending Notice of Appeal - Interlocutory. ORDER that the Fifth Circuit's administrative stay previously issued on September 7, 2023, is VACATED. (klw) (Entered: 01/30/2024)
1/29/2024
  • Motion to Withdraw as Counsel
Unopposed MOTION to Withdraw as Attorney Patrick Sweeten by Greg Abbott, The State of Texas. (Walters, Ryan) (Entered: 01/29/2024)
1/29/2024
  • Motion to Withdraw as Counsel
Unopposed MOTION to Withdraw as Attorney Ari Cuenin by Greg Abbott, The State of Texas. (Walters, Ryan) (Entered: 01/29/2024)
1/29/2024NOTICE of Attorney Appearance by Ryan G. Kercher on behalf of Greg Abbott, The State of Texas . Attorney Ryan G. Kercher added to party Greg Abbott(pty:dft), Attorney Ryan G. Kercher added to party The State of Texas (pty:dft) (Kercher, Ryan) (Entered: 01/29/2024)
1/27/2024
  • Motion to StayGranted
ORDER of USCA that Appellants opposed motion for a temporary administrative stay is GRANTED. (klw) (Entered: 01/29/2024)
1/25/2024
  • Motion to Stay
SUPPLEMENTAL ORDER REGARDING DEFENDANTS' OPPOSED MOTION TO STAY. Signed by Judge David A. Ezra. (jv2) (Entered: 01/25/2024)
1/24/2024
  • OrderDenied
ORDER DENYING Defendants' Opposed 71 Motion to Stay. Signed by Judge David A. Ezra. (klw) (Entered: 01/24/2024)
1/23/2024
  • Order
ORDER. Signed by Judge David A. Ezra. (jv2) (Entered: 01/23/2024)
1/23/2024
  • Order
Text Order WITHDRAWING 66 Motion to Set a New Deadline (Dkt. #66.) in light of 70 Notice of Withdrawal of Motion to Set a New Deadline (Dkt. # 70.). Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kj) (Entered: 01/23/2024)
1/23/2024
  • Motion to Withdraw as CounselGranted
Text Order GRANTING 68 Motion to Withdraw as Attorney. (Dkt. # 68.) Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kj) (Entered: 01/23/2024)
1/23/2024Memorandum in Opposition to Motion, filed by United States of America., re 71 Opposed MOTION to Stay Proceedings filed by Defendant The State of Texas, Defendant Greg Abbott (Attachments: # 1 Attachment 1: Jan. 19, 2024 Transcript Excerpt)(Lynk, Brian) (Entered: 01/23/2024)
1/22/2024
  • Motion to Stay Proceedings
Opposed MOTION to Stay Proceedings by Greg Abbott, The State of Texas. (Attachments: # 1 Proposed Order)(Walters, Ryan) (Entered: 01/22/2024)
1/22/2024NOTICE of Withdrawal of Motion by United States of America. re 66 MOTION to Set New Deadline for Compliance with Paragraph 2 of Preliminary Injunction re 50 Order on Motion for Preliminary Injunction (Attachments: # 1 Attachment 1: 5th Circuit en banc order)(Lynk, Brian) (Entered: 01/22/2024)
1/21/2024Transcript filed of Proceedings held on 1/19/24, Proceedings Transcribed: Status Conference. Court Reporter/Transcriber: Angela Hailey, Telephone number: 210.244.5048. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 2/12/2024, Redacted Transcript Deadline set for 2/21/2024, Release of Transcript Restriction set for 4/22/2024, Appeal Record due by 2/5/2024, (Hailey, Angela) (Entered: 01/21/2024)
1/19/2024
  • Order
ORDER SETTING BENCH TRIAL AND RELATED DEADLINES. Bench Trial set for 3/19/2024 at 09:00 AM before Judge David A. Ezra. Signed by Judge David A. Ezra. (jv2) (Entered: 01/23/2024)
1/19/2024Minute Entry for proceedings held before Judge David A. Ezra: Status Conference held on 1/19/2024 (Minute entry documents are not available electronically.) (Court Reporter Angela Hailey.)(jv2) (Entered: 01/23/2024)
1/18/2024
  • Motion to Withdraw as Counsel
MOTION to Withdraw as Attorney by United States of America.. (Attachments: # 1 Proposed Order Withdraw as Counsel)(Wade, Landon) (Entered: 01/18/2024)
1/18/2024
  • Order
ORDER setting Status Conference for 1/19/2024 11:00 AM before Judge David A. Ezra. All local counsel is ordered to appear in person. Counsel out of state is encouraged to attend in person. However, may appear via telephone. Signed by Judge David A. Ezra. (klw) (Entered: 01/18/2024)
1/17/2024 ***DOCUMENT HAS BEEN WITHDRAWN/STRICKEN PURSUANT TO GAVEL ORDER DATED 1/23/2024*** MOTION to Set New Deadline for Compliance with Paragraph 2 of Preliminary Injunction re 50 Order on Motion for Preliminary Injunction by United States of America.. (Attachments: # 1 Attachment 1, # 2 Proposed Order)(Lynk, Brian) Modified on 2/1/2024 (jv2). (Entered: 01/17/2024)
1/10/2024
  • Reply
REPLY to Response to Motion, filed by Greg Abbott, The State of Texas, re 62 Motion to Dismiss for Failure to State a Claim in the First Amended Complaint filed by Defendant The State of Texas, Defendant Greg Abbott (Walters, Ryan) (Entered: 01/10/2024)
12/27/2023Text Order GRANTING 64 Unopposed Motion for Extension of Time to File. (Dkt. # 64.) Defendants Reply in Support of their Motion to Dismiss is due on or before January 10, 2024. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kj) (Entered: 12/27/2023)
12/21/2023
  • Motion to Extend Time to File Response
Unopposed MOTION for Extension of Time to File Response/Reply as to 62 Motion to Dismiss for Failure to State a Claim in the First Amended Complaint by Greg Abbott, The State of Texas. (Attachments: # 1 Proposed Order Granting Extension)(Bryant, Monroe) (Entered: 12/21/2023)
12/20/2023Memorandum in Opposition to Motion, filed by United States of America., re 62 Motion to Dismiss for Failure to State a Claim in the First Amended Complaint filed by Defendant The State of Texas, Defendant Greg Abbott (Lynk, Brian) (Entered: 12/20/2023)
12/6/2023
  • Motion to Dismiss for Failure to State a Claim
Motion to Dismiss for Failure to State a Claim in the First Amended Complaint by Greg Abbott, The State of Texas. (Attachments: # 1 Proposed Order)(Walters, Ryan) (Entered: 12/06/2023)
12/4/2023NOTICE of Attorney Appearance by Jacob Edward Przada on behalf of The State of Texas . Attorney Jacob Edward Przada added to party The State of Texas (pty:dft) (Przada, Jacob) (Entered: 12/04/2023)
10/23/2023
  • Complaint
FIRST AMENDED COMPLAINT against Greg Abbott, The State of Texas, filed by United States of America..(jv2) (Entered: 10/23/2023)
10/23/2023
  • Motion to Amend ComplaintGranted
ORDER GRANTING 58 Plaintiffs' Consent Motion for Leave to Amend Complaint. Signed by Judge David A. Ezra. (jv2) (Entered: 10/23/2023)
9/28/2023
  • Motion to File Amended Complaint
Consent MOTION for Leave to File Amended Complaint by United States of America.. (Attachments: # 1 Exhibit First Amended Complaint, # 2 Exhibit Redline of First Amended Complaint, # 3 Proposed Order)(Knudsen, Andrew) (Entered: 09/28/2023)
9/19/2023NOTICE of Second Survey by the International Boundary and Water Commission by United States of America. (Attachments: # 1 Exhibit Declaration of Jennifer T. Pena)(Knudsen, Andrew) (Entered: 09/19/2023)
9/19/2023Transcript filed of Proceedings held on 8/22/23, Proceedings Transcribed: Preliminary Injunction Hearing. Court Reporter/Transcriber: Angela Hailey, Telephone number: 210.244.5048. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 10/10/2023, Redacted Transcript Deadline set for 10/20/2023, Release of Transcript Restriction set for 12/18/2023, Appeal Record due by 10/4/2023, (Hailey, Angela) (Entered: 09/19/2023)
9/12/2023Certification of the Electronic Record on Appeal has been accepted by the 5th Circuit re Notice of Appeal - Interlocutory. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions here (klw) (Entered: 09/12/2023)
9/12/2023TRANSCRIPT REQUEST by Greg Abbott, The State of Texas for dates of 8/22/23. Proceedings Transcribed: Preliminary Injunction Hearing. Court Reporter: Angela Hailey.. (Walters, Ryan) (Entered: 09/12/2023)
9/11/2023
  • Order
ORDER of USCA (certified copy) that Appellants opposed emergency motion tostay the district courts preliminary injunction pending appeal is CARRIEDWITH THE CASE. The case is EXPEDITED to the next available oral argument calendar. The stay entered by this Court on September 7, 2023, will remain in effect and preserve the status quo pending further order of the oral argument panel. (klw) (Entered: 09/12/2023)
9/7/2023
  • Motion to StayGranted
ORDER of USCA that Appellants motion for administrative stay of the order of the Western District of Texas, Austin Division dated September 6, 2023, is GRANTED pending further order of the Court.(klw) (Entered: 09/08/2023)
9/6/202352Payment of USCA Appeal Fee received $ 505 receipt number ATXWDC-17851480 (Cuenin, Ari) (Entered: 09/06/2023)
9/6/2023NOTICE OF INTERLOCUTORY APPEAL as to 50 Order Granting Motion for Preliminary Injunction by Greg Abbott, The State of Texas. Filing fee $ 505 NOT PAID. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (jv2) (Entered: 09/06/2023)
9/6/2023 Appeal of Order entered by District Judge 50 by Greg Abbott, The State of Texas. No filing fee submitted (Cuenin, Ari) (Entered: 09/06/2023)
9/6/2023
  • Motion for Preliminary InjunctionGranted
VACATED PURSUANT TO 224 USCA ORDER, dated 09/23/2024 and 226 ORDER, dated 09/26/2024 GRANTING 5 Plaintiff's Motion for Preliminary Injunction. Signed by Judge David A. Ezra. (jv2) Modified docket text pursuant to USCA's and District Court's Orders on 9/26/2024 (pg). (Entered: 09/06/2023)
8/30/2023Witness List for Preliminary Injunction held 08/22/2023 before Judge David A. Ezra. (jv2) (Entered: 08/31/2023)
8/25/2023
  • Motion for Preliminary Injunction
BRIEF Motion for Preliminary Injunction Hearing Closing Argument by Greg Abbott, The State of Texas. (Al-Fuhaid, Munera) (Entered: 08/25/2023)
8/25/2023BRIEF Closing Argument regarding 5 Opposed MOTION for Preliminary Injunction by United States of America.. (Lynk, Brian) (Entered: 08/25/2023)
8/22/2023EXHIBITS for Preliminary Injunction Hearing held 08/22/2023 before Judge David A. Ezra. (Attachments: # 1 Plaintiff's Exhibits, # 2 Defendants' Exhibits)(jv2) Modified on 9/3/2023 (Defts' Audio/Video Exhibit 18 is unable to be uploaded to CM and has been preserved in the courts archive.) (klw). (Entered: 08/31/2023)
8/22/2023Minute Entry for proceedings held before Judge David A. Ezra: Hearing held on 8/22/2023 re 5 Opposed MOTION for Preliminary Injunction filed by United States of America. Motion taken under advisement. Written order forthcoming. (Minute entry documents are not available electronically.). (Court Reporter Angela Hailey.)(jv2) (Entered: 08/31/2023)
8/22/2023NOTICE of Attorney Appearance by Mary F. Kruger on behalf of United States of America.. Attorney Mary F. Kruger added to party United States of America.(pty:pla) (Kruger, Mary) (Entered: 08/22/2023)
8/21/2023NOTICE of Filing Notice of Filing Witness List and Exhibit List by Greg Abbott, The State of Texas (Attachments: # 1 Exhibit Witness List, # 2 Exhibit Exhibit List)(Al-Fuhaid, Munera) (Entered: 08/21/2023)
8/21/2023NOTICE of Filing Witness & Exhibit List by United States of America. (Attachments: # 1 Exhibit Witness List, # 2 Exhibit Exhibit List)(Kimball, Kimere) (Entered: 08/21/2023)
8/20/2023
  • Motion for Preliminary Injunction
Sur-reply to Motion, filed by Greg Abbott, The State of Texas, re 5 Opposed MOTION for Preliminary Injunction filed by Plaintiff United States of America. (jv2) (Entered: 08/21/2023)
8/20/2023
  • Motion to FileGranted
Text Order GRANTING 40 Defendants' Unopposed Motion for Leave to File Surreply. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 08/20/2023)
8/19/2023
  • Motion to File
Unopposed MOTION for Leave to File Surreply by Greg Abbott, The State of Texas. (Attachments: # 1 Brief Surreply, # 2 Proposed Order)(Al-Fuhaid, Munera) (Entered: 08/19/2023)
8/18/2023NOTICE of New Facts by United States of America. (Attachments: # 1 Declaration of Evelio Siller)(Lynk, Brian) (Entered: 08/18/2023)
8/18/2023
  • Order
ORDER RESETTING PRELIMINARY INJUNCTION HEARING. Hearing RESET for 8/22/2023 at 09:00 AM before Judge David A. Ezra. Signed by Judge David A. Ezra. (jv2) (Entered: 08/18/2023)
8/16/2023
  • Reply
REPLY to Response to Motion, filed by United States of America., re 5 Opposed MOTION for Preliminary Injunction filed by Plaintiff United States of America. (Attachments: # 1 Attachment 11, # 2 Attachment 12, # 3 Attachment 13, # 4 Attachment 14, # 5 Attachment 15: Shelnutt Decl & Exhibits, # 6 Attachment 16, # 7 Attachment 17, # 8 Attachment 18, # 9 Attachment 19: Quam Decl & Exhibit)(Lynk, Brian) (Entered: 08/16/2023)
8/16/2023NOTICE of Attorney Appearance by Ari Cuenin on behalf of Greg Abbott, The State of Texas . Attorney Ari Cuenin added to party Greg Abbott(pty:dft), Attorney Ari Cuenin added to party The State of Texas (pty:dft) (Cuenin, Ari) (Entered: 08/16/2023)
8/16/2023
  • Motion to FileGranted
Text Order GRANTING 35 Unopposed Motion for Leave to File Excess Pages. Plaintiff, the United States, may file a reply in support of its motion for a preliminary injunction up to and including 13 pages. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (arlc) (Entered: 08/16/2023)
8/15/2023
  • Motion
Unopposed MOTION for Leave to Exceed Page Limitation by United States of America.. (Attachments: # 1 Proposed Order)(Kimball, Kimere) (Entered: 08/15/2023)
8/15/2023
  • Motion to Appear Pro Hac ViceGranted
ORDER GRANTING 29 Motion to Appear Pro Hac Vice for Attorney Matt A. Crapo for Immigration Reform Law Institute. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge David A. Ezra. (jv2) (Entered: 08/15/2023)
8/15/2023Memorandum of Law in Opposition to Motion, filed by Immigration Reform Law Institute as Amicus Curiae, re 5 MOTION for Preliminary Injunction filed by Plaintiff United States of America. (jv2) (Entered: 08/15/2023)
8/15/2023
  • Motion to File BriefGranted
Text Order GRANTING 31 Unopposed Motion for Leave to File Amicus Brief. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (arlc) (Entered: 08/15/2023)
8/15/2023NOTICE of Survey by the International Boundary and Water Commission by United States of America. (Attachments: # 1 Exhibit Supplemental Declaration of Jennifer T. Pena)(Knudsen, Andrew) (Entered: 08/15/2023)
8/14/2023
  • Motion to File Opposition
Unopposed MOTION for Leave to File Amicus Briefin opposition to Plaintiff's motion for preliminary injunction by Matt A. Crapo. by Immigration Reform Law Institute. (Attachments: # 1 Brief of Immigration Reform Law Institute as Amicus Curiae in Opposition to Plaintiff's motion for preliminary injunction, # 2 Proposed Order)(Crapo, Matt) (Entered: 08/14/2023)
8/14/2023NOTICE of Attorney Appearance by Paul M. Davis on behalf of Immigration Reform Law Institute, Immigration Reform Law Institute. Attorney Paul M. Davis added to party Immigration Reform Law Institute(pty:am) (Davis, Paul) (Entered: 08/14/2023)
8/14/2023
  • Motion to Appear Pro Hac Vice
MOTION to Appear Pro Hac Vice by Matt A. Crapo in opposition to Plaintiff's motion for preliminary injunction ( Filing fee $ 100 receipt number ATXWDC-17767707) by on behalf of Immigration Reform Law Institute. (Crapo, Matt) (Entered: 08/14/2023)
8/14/2023
  • Motion to StayGranted
ORDER GRANTING 27 Defendants' Unopposed Motion for a Stay of Their Deadline to Respond to the Complaint. Signed by Judge David A. Ezra. (jv2) (Entered: 08/14/2023)
8/10/2023
  • Motion to Stay
Unopposed MOTION to Stay Defendants' Deadline to Respond to the Complaint by Greg Abbott, The State of Texas. (Attachments: # 1 Proposed Order)(Walters, Ryan) (Entered: 08/10/2023)
8/10/2023
  • Motion to FileGranted
Text Order GRANTING 25 Defendants' Unopposed Motion for Leave to File Excess Pages. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (arlc) (Entered: 08/10/2023)
8/9/2023
  • Motion for Preliminary Injunction
Response in Opposition to Motion, filed by Greg Abbott, The State of Texas, re 5 Opposed MOTION for Preliminary Injunction filed by Plaintiff United States of America. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit)(Sweeten, Patrick) (Entered: 08/09/2023)
8/9/2023
  • Motion
Unopposed MOTION for Leave to Exceed Page Limitation by Greg Abbott, The State of Texas. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 08/09/2023)
8/9/2023BRIEF of United States Representatives Jodey C. Arringon, et al. as Amici Curiae in Opposition to Plaintiff United States' Opposed Motion for Preliminary Injunction. (jv2) (Entered: 08/09/2023)
8/9/2023
  • Motion to File BriefGranted
Text Order GRANTING 23 Motion for Leave to File Amicus Brief. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 08/09/2023)
8/9/2023
  • Motion to File Brief
MOTION for Leave to File Amicus Brief by Chance Weldon. by Jodey Arrington, Brian Babin, Andy Biggs, Vern Buchanan, Michael C. Burgess, Katherine Kat Cammack, John Carter, Michael Cloud, Jeff Duncan, Jake Ellzey, Lance Gooden, Sam Graves, Clay Higgins, Ronny L Jackson, Nathaniel Moran, August Pfluger, David Rouzer, Chip Roy, Keith Self, Pete Sessions, Beth Van Duyne, Roger Williams. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Weldon, Chance) (Entered: 08/09/2023)
8/7/2023
  • Motion to Appear Pro Hac ViceGranted
ORDER GRANTING 21 MOTION for Admission Pro Hac Vice as to KIMERE J. KIMBALL. Signed by Judge David A. Ezra. (cc3) (Entered: 08/07/2023)
8/4/2023
  • Motion to Appear Pro Hac Vice
MOTION for Admission Pro Hac Vice (fee waived) by United States of America.. (Attachments: # 1 Exhibit)(Kimball, Kimere) (Entered: 08/04/2023)
8/4/2023NOTICE of Attorney Appearance by Landon Allen Wade on behalf of United States of America.. Attorney Landon Allen Wade added to party United States of America.(pty:pla) (Wade, Landon) (Entered: 08/04/2023)
8/3/2023
  • OrderPartial
ORDER GRANTING IN PART AND DENYING IN PART 11 Opposed MOTION for Discovery on an Expedited Basis. Signed by Judge David A. Ezra. (cc3) (Entered: 08/04/2023)
8/3/2023
  • Order
ORDER FOR BRIEFING AND SETTING HEARING re: 5 Opposed MOTION for Preliminary Injunction : for 8/22/2023 at 09:00 AM before Judge David A. Ezra. Signed by Judge David A. Ezra. (cc3) (Entered: 08/04/2023)
8/3/2023NOTICE of Attorney Appearance by Ryan Daniel Walters on behalf of Greg Abbott, The State of Texas . Attorney Ryan Daniel Walters added to party Greg Abbott(pty:dft), Attorney Ryan Daniel Walters added to party The State of Texas (pty:dft) (Walters, Ryan) (Entered: 08/03/2023)
8/2/2023NOTICE of Motion to Consolidate in Related Case by Greg Abbott, The State of Texas (Attachments: # 1 Exhibit)(Bryant, Monroe) (Entered: 08/02/2023)
8/2/2023NOTICE of Attorney Appearance by Patrick K. Sweeten on behalf of Greg Abbott, The State of Texas . Attorney Patrick K. Sweeten added to party Greg Abbott(pty:dft), Attorney Patrick K. Sweeten added to party The State of Texas (pty:dft) (Sweeten, Patrick) (Entered: 08/02/2023)
8/2/2023Memorandum in Opposition to Motion, filed by United States of America., re 11 Opposed MOTION for Discovery on an Expedited Basis filed by Defendant The State of Texas, Defendant Greg Abbott (Attachments: # 1 Attachment 1: Pre-filing correspondence of counsel)(Lynk, Brian) (Entered: 08/02/2023)
8/1/2023
  • Motion to Expedite Discovery
ORDER re 11 Opposed MOTION for Expedited Discovery filed by The State of Texas. Plaintiff is ORDERED to file a response, if any, on or before 12:00 p.m. on 08/03/2023. Signed by Judge David A. Ezra. (jv2) (Entered: 08/01/2023)
8/1/2023
  • Order
ORDER that this action is TRANSFERRED to Judge David A. Ezra for all proceedings. Signed by Judge Robert Pitman. (jv2) (Entered: 08/01/2023)
7/31/2023
  • Motion
Opposed MOTION for Discovery on an Expedited Basis by Greg Abbott, The State of Texas. (Attachments: # 1 Proposed Order)(Bryant, Monroe) (Entered: 07/31/2023)
7/31/2023
  • Motion to Appear Pro Hac ViceGranted
ORDER GRANTING 9 Motion to Appear Pro Hac Vice for Attorney Andrew D. Knudsen for United States of America. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Signed by Judge Robert Pitman. (jv2) (Entered: 07/31/2023)
7/29/2023
  • Motion to Appear Pro Hac Vice
MOTION to Appear Pro Hac Vice by Brian H. Lynk for Andrew Knudsen (Fee waived) by on behalf of United States of America.. (Lynk, Brian) Modified on 7/31/2023 (jv2). (Entered: 07/29/2023)
7/27/2023NOTICE of Attorney Appearance by Monroe David Bryant, Jr on behalf of Greg Abbott, The State of Texas . Attorney Monroe David Bryant, Jr added to party Greg Abbott(pty:dft), Attorney Monroe David Bryant, Jr added to party The State of Texas (pty:dft) (Bryant, Monroe) (Entered: 07/27/2023)
7/27/2023Pro Hac Vice Letter directed to Andrew Knudsen. (jv2) (Entered: 07/27/2023)
7/27/2023NOTICE of Attorney Appearance by Munera Al-Fuhaid on behalf of Greg Abbott, The State of Texas . Attorney Munera Al-Fuhaid added to party Greg Abbott(pty:dft), Attorney Munera Al-Fuhaid added to party The State of Texas (pty:dft) (Al-Fuhaid, Munera) (Entered: 07/27/2023)
7/26/2023
  • Motion for Preliminary Injunction
Opposed MOTION for Preliminary Injunction by United States of America.. (Attachments: # 1 Attachment 1: Declaration of Abraham Garcia with exhibits, # 2 Attachment 2: Declaration of Mario Gomez, # 3 Attachment 3: Declaration of Jason D. Owens, # 4 Attachment 4: Declaration of Capt. Brandy Parker, # 5 Attachment 5: Declaration of Jennifer T. Pena, # 6 Attachment 6: Declaration of Capt. Justin Peters, # 7 Attachment 7: Declaration of Hillary Quam, # 8 Attachment 8: Declaration of Joseph L. Shelnutt, # 9 Attachment 9: USDOJ Pre-filing Notice Letter to Texas dated July 20, 2023, # 10 Attachment 10: Letter from Governor Abbott to President Biden dated July 24, 2023, # 11 Proposed Order)(Lynk, Brian) (Entered: 07/26/2023)
7/24/2023Summons Issued as to Greg Abbott and The State of Texas. (so) (Entered: 07/24/2023)
7/24/2023If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Dustin M. Howell (so) (Entered: 07/24/2023)
7/24/2023Case assigned to Judge Docket II - Austin. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (so) (Entered: 07/24/2023)
7/24/2023SUPPLEMENT to 1 Complaint, by United States of America.. (Attachments: # 1 Exhibit Letter from Governor)(Dingivan, James) (Entered: 07/24/2023)
7/24/2023REQUEST FOR ISSUANCE OF SUMMONS by UNITED STATES OF AMERICA. (Dingivan, James) (Entered: 07/24/2023)
7/24/2023
  • Complaintby Π
COMPLAINT (Filing fee $ 402.), filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit U.S Army Corps of Engineers Navigable Waters List, # 2 Exhibit U.S. Coast Guard Navigability Determination, # 3 Exhibit U.S. Coast Guard Authentication Declaration, # 4 Exhibit U.S. Customs and Border Patrol Photo-Authentication Declaration, # 5 Civil Cover Sheet)(Dingivan, James) (Entered: 07/24/2023)