Case: 24-50721 Document: 1 Page: 1 Date Filed: 09/13/2024
`Case: 2450721084DeaéeunieotumenPage :Filed DateWied: RAGES12024
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERNDISTRICT OF TEXAS
`AUSTIN DIVISION
`
`COMPUTER & COMMUNICATIONS
`INDUSTRYASSOCIATION,and
`NETCHOICE,LLC.,
`Plaintiffs,
`
`v.
`
`KEN PAXTON,inhis official capacity as
`Attorney General of Texas,
`
`Defendant.
`
`AAAAAAA
`
`Civil Action No. 1:24-cv-849-RP
`
`DEFENDANT’S NOTICE OF APPEAL
`
`Pursuant
`
`to Rules 3(a)(1) and 4(a)(1)(A) of the Federal Rules of Appellate Procedure,
`
`Defendant Ken Paxton,
`
`in his official capacity as Attorney General
`
`for the State of Texas
`
`(“Defendant”), files this Notice of Appeal to the United States Court of Appeals for the Fifth Circuit
`
`from the Order entered on August 30, 2024.’ This Order granted in part and deniedin part Plaintiffs’
`
`Motion for a Preliminary Injunction. Defendant moved the Court to denyPlaintiffs’ Motion for a
`
`Preliminary Injunction.* The order granting the preliminary injunction in part is immediately
`
`appealable under 28 U.S.C. § 1292(a)(1). This notice divests this Court of jurisdiction during the
`
`pendency of the appeal because Defendantasserted threshold jurisdictional challenges against all
`
`claims brought byPlaintiffs in this lawsuit.’ Based onthe cited Fifth Circuit precedent, proceedings
`
`in this Court are suspended pendingresolution of the appeal.
`
`
`
`‘ECF25.
`ECF18.
`> See ECF 18; Whole Woman's Health v. Jackson, 13 F.Ath 434, 444 (5th Cir. 2021) (“[T]he notice appealing
`the order ‘divest[s] the district court of its control over those aspects of the case involved in the
`appeal.””’) (quoting Giiges v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982)); see also Wooten v. Roach,
`964 F.3d 395, 412 (5th Cir. 2020); Wilhamsv. Brooks, 996 F.2d 728, 729-30 (Sth Cir. 1993).
`
`l
`
`

`

`Case: 24-50721 Document: 1 Page: 2 Date Filed: 09/13/2024
`Case: 2450721084DeaéeunieotumenPage:Fled DateWied: PAGS2624
`
`Dated: September 5, 2024
`
`Respectfully submitted,
`
`KEN PAXTON
`
`ATTORNEY GENERAL OF TEXAS
`
`BRENT WEBSTER
`
`
`FIRST ASSISTANT ATTORNEY GENERAL
`
`RALPH MOLINA
`
`DEPUTYFIRST ASSISTANT ATTORNEY GENERAL
`
`JAMES LLOYD
`
`
`
`
`DEPUTY ATTORNEY GENERAL FOR CIVIL
`
`
`
`
`
`LITIGATION
`
`KIMBERLY GDULA
`
`CHIEF - GENERAL LITIGATION DIVISION
`
`
`[s/ Todd Dickerson
`TODD DICKERSON
`Attorney-in-charge
`Assistant Attorney General
`Texas State Bar No. 24118368
`Todd.Dickerson@oag.texas.gov
`
`Office of the Attorney General
`General Litigation Division
`P.O. Box 12548, Capitol Station
`Austin, Texas 78711-2548
`(512) 936-1309 | Fax: (512) 320-0667
`
`Counsel for Defendant
`
`CERTIFICATE OF SERVICE
`
`I certify that a copy of the document above was served onall counsel of record who have
`
`entered an appearance on September 5, 2024, using the Federal Court CM/ECFsystem.
`
`
`/s/ Tedd Dickerson
`
`

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.

We are unable to display this document.

PTO Denying Access

Refresh this Document
Go to the Docket