Satanic Temple v. TX Hlth and Human Svc: Difference between revisions

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[[The Satanic Temple, Inc.]] is appealing to the U.S. Fifth Circuit an [https://www.courtlistener.com/docket/59182019/42/the-satanic-temple-inc-v-hellerstedt/ order denying their motion for a temporary restraining order] in [[The Satanic Temple, Inc. et al v. Hellerstedt et al]] ("Ann Doe I") from the US District Court for the Southern District of Texas.
{{Lawsuits


=Appeal Docket=
  | title={{PAGENAME}}
 
  | image=[[File:Texas Health and Human Services Logo.png|250px]]
 
  | caption=Texas Health and Human Services
 
  | filedate=9/08/2022
 
  | jurisdiction=US Court of Appeals for the Fifth Circuit
 
  | plaintiff=The Satanic Temple Inc.
 
  | defendant=Texas Health and Human Service Commission; Cecile young
 
  | intervenor=N/A
 
  | state=Texas
 
  | case=[https://www.pacermonitor.com/public/case/46093879/Satanic_Temple_v_TX_Hlth_and_Human_Svc 0:22-cr-20459]
 
  | result=[https://www.courtlistener.com/docket/59182019/42/the-satanic-temple-inc-v-hellerstedt/ Failed motion]
 
  | appeal1=Dismissed (failure)
  | appeal2=N/A
  | appeal3=N/A
  | finalresult=Dismissed (failure)
}}
 
[[The Satanic Temple, Inc.]] is appealing to the U.S. Fifth Circuit an [https://www.courtlistener.com/docket/59182019/42/the-satanic-temple-inc-v-hellerstedt/ order denying their motion for a temporary restraining order] in The Satanic Temple, Inc. et al v. Hellerstedt et al ("[[The Satanic Temple, Inc. et al v. Hellerstedt et al|Ann Doe I]]") from the US District Court for the Southern District of Texas.
 
=Appellate Court Case Summary<ref>[https://www.courtlistener.com/docket/66693942/69/1/satanic-temple-v-tx-hlth-and-human/ CourtListener.com], ''Satanic Temple v. TX Hlth and Human Published Opinion — Document #69, Attachment #1''</ref>=
The Satanic Temple, which describes itself as a “nontheistic religion whose membership openly defies the authority of God and the Church,” and an anonymous member thereof sued the Texas Health and Human Services Commission (“THHSC”), its Executive Commissioner (currently Cecile Young), and the Planned Parenthood Center for Choice, Inc., seeking injunctive and declaratory relief against several Texas abortion laws.1
 
Plaintiffs moved for a temporary restraining order (“TRO”) and a preliminary injunction against Young; the district court denied the motion. The Satanic Temple (but not its anonymous member) appealed.
 
While the appeal was pending, the litigation continued apace in district court. Defendants2 moved to dismiss for lack of jurisdiction3 and for failure to state a claim. The district court granted the motion and dismissed the suit without prejudice but without leave to replead.
 
=Appeal Docket<ref>[https://www.courtlistener.com/docket/66693942/satanic-temple-v-tx-hlth-and-human/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc CourtListener.com], Satanic Temple v. TX Hlth and Human (22-20459), Court of Appeals for the Fifth Circuit</ref>=
{| class="wikitable sortable collapsible"
{| class="wikitable sortable collapsible"
|+Court of Appeals Docket #: 22-20459 |  Satanic Temple v. TX Hlth and Human Svc | Appeal From: U.S. District Court for the Southern District of Texas (Houston)
|+Court of Appeals Docket #: 22-20459 |  Satanic Temple v. TX Hlth and Human Svc | Appeal From: U.S. District Court for the Southern District of Texas (Houston)
Line 7: Line 44:
! Date !! style="text-align:center;" | PDF File !! Docket entry
! Date !! style="text-align:center;" | PDF File !! Docket entry
|-
|-
| 09/08/2022 || style="text-align:center;" | [[Media:22-1859_Satanic_Temple_v_TX_Hlth_and_Human_Svc_CaseDocketed_00516464402.pdf|📄]] || CIVIL RIGHTS CASE docketed. NOA filed by Appellant Satanic Temple, Incorporated [22-20459] (ABT) [Entered: 09/08/2022 11:33 AM]
| 09/08/2022 || style="text-align:center;" | [[Media:22-20459 Satanic Temple v TX Hlth and Human Svc CaseDocketed 00516464402.pdf|📄]]|| CIVIL RIGHTS CASE docketed. NOA filed by Appellant Satanic Temple, Incorporated [22-20459] (ABT) [Entered: 09/08/2022 11:33 AM]
|-
|-
| 09/08/2022 || style="text-align:center;" | [[Media:22-1859_Satanic_Temple_v_TX_Hlth_and_Human_Svc_InitialCaseCheck_00516465148.pdf|📄]] || INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [9935651-2] Initial AA Check Due satisfied.. Miscellaneous due on 09/19/2022 for Appellant Satanic Temple, Incorporated (Signed NOA) [22-20459] (ABT) [Entered: 09/08/2022 04:26 PM]
| 09/08/2022 || style="text-align:center;" | [[Media:22-20459 Satanic Temple v TX Hlth and Human Svc InitialCaseCheck 00516465148.pdf|📄]]|| INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [9935651-2] Initial AA Check Due satisfied.. Miscellaneous due on 09/19/2022 for Appellant Satanic Temple, Incorporated (Signed NOA) [22-20459] (ABT) [Entered: 09/08/2022 04:26 PM]
|-
|-
| 09/13/2022 || style="text-align:center;" | [[Media:22-1859_Satanic_Temple_v_TX_Hlth_and_Human_Svc_SignedNoticeOfAppeal_00516469241.pdf|📄]] || SIGNED NOTICE OF APPEAL FILED filed by Appellant Satanic Temple, Incorporated. [22-20459] (ABT) [Entered: 09/13/2022 07:57 AM]
| 09/13/2022 || style="text-align:center;" | [[Media:22-20459 Satanic Temple v TX Hlth and Human Svc SignedNoticeOfAppeal 00516469241.pdf|📄]]|| SIGNED NOTICE OF APPEAL FILED filed by Appellant Satanic Temple, Incorporated. [22-20459] (ABT) [Entered: 09/13/2022 07:57 AM]
|-
|-
| 09/13/2022 || style="text-align:center;" | [[Media:22-1859 Satanic Temple v TX Hlth and Human Svc LetterIssued 00516469263.pdf|📄]] || LETTER ISSUED. Transcript Order deadline updated to 09/28/2022 for Appellant Satanic Temple, Incorporated [22-20459] (ABT) [Entered: 09/13/2022 08:00 AM]
| 09/13/2022 || style="text-align:center;" | [[Media:22-20459 Satanic Temple v TX Hlth and Human Svc LetterIssued 00516469263.pdf|📄]]|| LETTER ISSUED. Transcript Order deadline updated to 09/28/2022 for Appellant Satanic Temple, Incorporated [22-20459] (ABT) [Entered: 09/13/2022 08:00 AM]
|-
|-
| 09/21/2022 || style="text-align:center;" | [[Media:22-1859_Satanic_Temple_v_TX_Hlth_and_Human_Svc_TranscriptOrder_00516479999.pdf|📄]] || ATTORNEY TRANSCRIPT ORDER form filed by Appellant Satanic Temple, Incorporatedfor the Court to process. Date of service: 09/21/2022 via email - Attorney for Appellee: Hilton; Attorney
| 09/21/2022 || style="text-align:center;" | [[Media:22-20459 Satanic Temple v TX Hlth and Human Svc TranscriptOrder 00516479999.pdf|📄]]|| ATTORNEY TRANSCRIPT ORDER form filed by Appellant Satanic Temple, Incorporatedfor the Court to process. Date of service: 09/21/2022 via email - Attorney for Appellee: Hilton; Attorney
|-
|-
| 09/22/2022 || style="text-align:center;" | N/A || TRANSCRIPT ORDER received from Appellant Satanic Temple, Incorporated. DETAILS: Transcript Order: Court Reporter: Mary Henry, Proceeding Type and Date: Motion Hearing 08/06/2021. Transcript Order ddl satisfied. Ct. Reporter Acknowledgment due on 10/03/2022 for Mary Henry, Court Reporter. Electronic Filing Processed: [9944359-2] [22-20459] (CCR) [Entered: 09/22/2022 11:28 AM]
| 09/22/2022 || style="text-align:center;" | N/A || TRANSCRIPT ORDER received from Appellant Satanic Temple, Incorporated. DETAILS: Transcript Order: Court Reporter: Mary Henry, Proceeding Type and Date: Motion Hearing 08/06/2021. Transcript Order ddl satisfied. Ct. Reporter Acknowledgment due on 10/03/2022 for Mary Henry, Court Reporter. Electronic Filing Processed: [9944359-2] [22-20459] (CCR) [Entered: 09/22/2022 11:28 AM]
|-
|-
| 09/22/2022 || style="text-align:center;" | [[Media:22-1859_Satanic_Temple_v_TX_Hlth_and_Human_Svc_AppearanceForm_00506481522.pdf|📄]] || APPEARANCE FORM received from Mr. Matt Kezhaya for Satanic Temple, Incorporated for the court's review. Lead Counsel? Yes. [22-20459] (Matt Kezhaya ) [Entered: 09/22/2022 02:54 PM]
| 09/22/2022 || style="text-align:center;" | [[Media:22-20459 Satanic Temple v TX Hlth and Human Svc AppearanceForm 00506481522.pdf|📄]]|| APPEARANCE FORM received from Mr. Matt Kezhaya for Satanic Temple, Incorporated for the court's review. Lead Counsel? Yes. [22-20459] (Matt Kezhaya ) [Entered: 09/22/2022 02:54 PM]
|-
|-
| 09/23/2022 || style="text-align:center;" | N/A || APPEARANCE FORM FILED by Attorney Matt Kezhaya for Appellant Satanic Temple, Incorporated in 22-20459. [22-20459] (RLL) [Entered: 09/23/2022 12:16 PM]
| 09/23/2022 || style="text-align:center;" | N/A || APPEARANCE FORM FILED by Attorney Matt Kezhaya for Appellant Satanic Temple, Incorporated in 22-20459. [22-20459] (RLL) [Entered: 09/23/2022 12:16 PM]
|-
| 10/07/2022 || style="text-align:center;" | [[Media:22-20459 Satanic Temple v TX Hlth and Human Svc CourtReporterAckn 00506501690.pdf|📄]]|| COURT REPORTER ACKNOWLEDGMENT received from Rachel Willborg. [22-20459] (Rachel Willborg ) [Entered: 10/07/2022 04:23 PM]
|-
| 10/11/2022 || style="text-align:center;" | N/A || ACKNOWLEDGMENT Transcript Order: Court Reporter: Mary Henry, Est. Completion Dt: 10/24/2022, Dt. Fin Arrangements Made: 09/23/2022, Dt. Trans. to be Filed: 10/24/2022, Proceeding Type and Date: Motion Hearing 08/06/2021. Ct. Reporter Acknowledgment ddl satisfied. Transcript Due/Court Reporter Discount Date is 10/24/2022 for Mary Henry, Court Reporter [22-20459] NOTE: Counsel incorrectly noted on the transcript order form that the transcript was already on file in the Clerk's Office. (ABT) [Entered: 10/11/2022 08:06 AM]
|-
|| 10/13/2022 || style="text-align:center;" | [[Media:22-20459 Satanic Temple v TX Hlth and Human Svc AppearanceFormKercher 00516507371.pdf|📄]]|| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-20459] (Ryan Glen Kercher ) [Entered: 10/13/2022 01:50 PM]
|-
|| 10/13/2022 || style="text-align:center;" | [[Media:22-20459 Satanic Temple v TX Hlth and Human Svc KercherAdvisedResubmit 00516507854.pdf|📄]]|| Attorney Ryan G. Kercher is advised to resubmit an appearance form. Reason: Counsel failed to complete the lower portion of the form. [22-20459] (LBM) [Entered: 10/13/2022 03:47 PM]
|-
|| 10/13/2022 || style="text-align:center;" | [[Media:22-20459 Satanic Temple v TX Hlth and Human Svc AppearanceFormKercherSecond 00516508112.pdf|📄]]|| APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-20459] (Ryan Glen Kercher ) [Entered: 10/13/2022 05:13 PM]
|-
|| 10/13/2022 || style="text-align:center;" | [[Media:22-20459 Satanic Temple v TX Hlth and Human Svc AppearanceFormDyer 00516508116.pdf|📄]]|| APPEARANCE FORM for the court's review. Lead Counsel? No. [22-20459] (Heather Lee Dyer ) [Entered: 10/13/2022 05:19 PM]
|-
|| 10/17/2022 ||  style="text-align:center;" | N/A || APPEARANCE FORM FILED by Attorney Ryan Glen Kercher for Appellees Texas Health and Human Service Commission and Cecile Young, in case 22-20459. [22-20459] (DLJ) [Entered: 10/17/2022 10:23 AM]
|-
|| 10/17/2022 || style="text-align:center;" | N/A || APPEARANCE FORM FILED by Attorney Heather Lee Dyer for Appellees Texas Health and Human Service Commission and Cecile Young, in case 22-20459. [22-20459] (DLJ) [Entered: 10/17/2022 10:27 AM]
|-
|| 10/26/2022 || style="text-align:center;" | N/A || ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No Transcript Due/Court Reporter Discount Date canceled [22-20459] (CMB) [Entered: 10/26/2022 09:39 AM]
|-
|| 10/26/2022 || style="text-align:center;" | [[Media:22-20459 Satanic Temple v TX Hlth and Human Svc BriefingNoticeIssued 00516522304.pdf|📄]]|| BRIEFING NOTICE ISSUED A/Pet's Brief Due on 12/05/2022 for Appellant Satanic Temple, Incorporated. [22-20459] (CMB) [Entered: 10/26/2022 09:39 AM]
|-
|12/05/2022
| style="text-align:center;" |[[Media:22-20459 Satanic Temple v TX Hlth and Human Svc TSTOpeningBrief 00516567427.pdf|📄]]
|APPELLANT'S BRIEF FILED
A/Pet's Brief deadline satisfied. Appellee's Brief due on 01/04/2023 for Appellees Texas Health and Human Service Commission and Cecile Young [22-20459]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Satanic Temple, Incorporated. Date of service: 12/05/2022 via email - Attorney for Appellees: Dyer, Hilton, Kercher; Attorney for Appellant: Kezhaya [22-20459] (Matt Kezhaya ) [Entered: 12/05/2022 09:06 PM]
|-
|12/05/2022
| style="text-align:center;" | [[Media:22-20459 Satanic Temple v TX Hlth and Human Svc RecordsNotSufficientNotification 00516571504.pdf|📄]]
[[Media:22-20459 Satanic Temple v TX Hlth and Human Svc RecordsNotSufficient 00516567430.pdf|📄]]
|RECORD EXCERPTS FILED by Appellant Satanic Temple, Incorporated. Record Excerpts NOT Sufficient as they require a corrected table of contents, tabs inserted between each section, and must remove documents that are not part of the record on appeal. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Sufficient Record Excerpts due on 12/19/2022 for Appellant Satanic Temple, Incorporated [22-20459]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Satanic Temple, Incorporated. Date of service: 12/05/2022 via email - Attorney for Appellees: Dyer, Hilton, Kercher; Attorney for Appellant: Kezhaya [22-20459] (Matt Kezhaya ) [Entered: 12/05/2022 09:07 PM]
|-
|12/19/2022
| style="text-align:center;" |✉
|UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellee Texas Health and Human Service Commission for filing Motion for an Extension of Time to File Appellee's Brief until 02/03/2023 [22-20459] (Ryan Glen Kercher ) [Entered: 12/19/2022 11:00 AM]
|-
|12/19/2022
| style="text-align:center;" |N/A
|EXTENSION RECEIVED for Appellees Texas Health and Human Service Commission and Cecile Young. Extension Granted to and including 02/03/2023. E/Res's Brief deadline updated to 02/03/2023, for Appellees Texas Health and Human Service Commission and Cecile Young. [22-20459] (DLJ) [Entered: 12/19/2022 01:19 PM]
|-
|12/21/2022
| style="text-align:center;" |✉
|DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the proposed sufficient record excerpts received from Appellant Satanic Temple, Incorporated because the incorrect filing event was used. The document needs to be refiled under Proposed Sufficient Record Excerpts. [22-20459] (CCR) [Entered: 12/21/2022 03:24 PM]
|-
|12/21/2022
| style="text-align:center;" |🔒
|PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellant Satanic Temple, Incorporated in 22-20459 [9996686-2]. Record Excerpts have been deemed insufficient. Corrections required: The Table of Contents list of documents must be numbered, the Tabs must be numbered to correspond to the number assigned to the document in the Table of Contents, and page 47 must be changed from horizontal to vertical. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Sufficient Record Excerpts deadline updated to 01/10/2023, for Appellant Satanic Temple, Incorporated. [22-20459] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellants Satanic Temple, Incorporated and Satanic Temple, Incorporated [9996686-2]. Date of service: 12/21/2022, via email - Attorney for Appellees: Dyer, Hilton, Kercher; Attorney for Appellant: Kezhaya. [22-20459] (Matt Kezhaya ) [Entered: 12/21/2022 05:10 PM]
|-
|01/18/2023
| style="text-align:center;" |[https://storage.courtlistener.com/recap/gov.uscourts.ca5.210026/gov.uscourts.ca5.210026.40.1.pdf 📄]
[[Media:22-20459_Satanic_Temple_v_TX_Hlth_and_Human_Svc_CorrectionDeadlineExtended_00506614055.pdf|📄]]
|COURT ORDER: On December 8, 2022, the clerk provided the Appellant 14 days to correct deficiencies in the record excerpts filed on December 5, 2022. The directed corrections were not made. On December 27, 2022, the clerk provided the Appellant an additional 14 days to correct deficiencies in the record excerpts. The directed corrections were not made. The Appellant is provided 14 additional days to return sufficient record excerpts. If the Appellant fails to correct the deficiencies and return the record excerpts within the provided time, the clerk is directed to strike the record excerpts and dismiss the appeal for failure to prosecute under 5th Cir. R. 42.3 [40]. Sufficient Record Excerpts deadline updated to 02/01/2023, for Appellant Satanic Temple, Incorporated [24]. [22-20459] (DLJ) [Entered: 01/18/2023 09:54 AM]
|-
|01/18/2023
| style="text-align:center;" |🔒
|PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellants Satanic Temple, Incorporated and Satanic Temple, Incorporated [24] Date of service: 01/18/2023 via email - Attorney for Appellees: Dyer, Hilton, Kercher; Attorney for Appellant: Kezhaya [22-20459] (Matt Kezhaya ) [Entered: 01/18/2023 10:53 AM]
|-
|02/03/2023
| style="text-align:center;" |[[https://storage.courtlistener.com/recap/gov.uscourts.ca5.210026/gov.uscourts.ca5.210026.42.0.pdf 📄]]
|APPELLEES' BRIEF FILED. # of Copies Provided: 0 (PAPER COPIES NOT REQUESTED AT THIS TIME). E/Res's Brief deadline satisfied. Reply Brief due on 02/24/2023, for Appellant Satanic Temple, Incorporated. [22-20459] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S MEMORANDUM BRIEF FILED by Texas Health and Human Service Commission and Cecile Young. Date of service: 02/03/2023, via email - Attorney for Appellees: Dyer, Hilton, Kercher; Attorney for Appellant: Kezhaya. [22-20459] (Ryan Glen Kercher ) [Entered: 02/03/2023 07:33 PM]
|}
|}



Latest revision as of 01:20, 26 August 2023


Texas Health and Human Services
Satanic Temple v. TX Hlth and Human Svc
Filing Date 9/08/2022
Original Jurisdiction US Court of Appeals for the Fifth Circuit
Plaintiff The Satanic Temple Inc.
Defendant Texas Health and Human Service Commission; Cecile young
Intervenor N/A
State Texas
Case# 0:22-cr-20459
Original Result Failed motion
First Appeal Dismissed (failure)
Second Appeal N/A
Final Result Dismissed (failure)

The Satanic Temple, Inc. is appealing to the U.S. Fifth Circuit an order denying their motion for a temporary restraining order in The Satanic Temple, Inc. et al v. Hellerstedt et al ("Ann Doe I") from the US District Court for the Southern District of Texas.

Appellate Court Case Summary[1]

The Satanic Temple, which describes itself as a “nontheistic religion whose membership openly defies the authority of God and the Church,” and an anonymous member thereof sued the Texas Health and Human Services Commission (“THHSC”), its Executive Commissioner (currently Cecile Young), and the Planned Parenthood Center for Choice, Inc., seeking injunctive and declaratory relief against several Texas abortion laws.1

Plaintiffs moved for a temporary restraining order (“TRO”) and a preliminary injunction against Young; the district court denied the motion. The Satanic Temple (but not its anonymous member) appealed.

While the appeal was pending, the litigation continued apace in district court. Defendants2 moved to dismiss for lack of jurisdiction3 and for failure to state a claim. The district court granted the motion and dismissed the suit without prejudice but without leave to replead.

Appeal Docket[2]

Satanic Temple v. TX Hlth and Human Svc | Appeal From: U.S. District Court for the Southern District of Texas (Houston)
Date PDF File Docket entry
09/08/2022 📄 CIVIL RIGHTS CASE docketed. NOA filed by Appellant Satanic Temple, Incorporated [22-20459] (ABT) [Entered: 09/08/2022 11:33 AM]
09/08/2022 📄 INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [9935651-2] Initial AA Check Due satisfied.. Miscellaneous due on 09/19/2022 for Appellant Satanic Temple, Incorporated (Signed NOA) [22-20459] (ABT) [Entered: 09/08/2022 04:26 PM]
09/13/2022 📄 SIGNED NOTICE OF APPEAL FILED filed by Appellant Satanic Temple, Incorporated. [22-20459] (ABT) [Entered: 09/13/2022 07:57 AM]
09/13/2022 📄 LETTER ISSUED. Transcript Order deadline updated to 09/28/2022 for Appellant Satanic Temple, Incorporated [22-20459] (ABT) [Entered: 09/13/2022 08:00 AM]
09/21/2022 📄 ATTORNEY TRANSCRIPT ORDER form filed by Appellant Satanic Temple, Incorporatedfor the Court to process. Date of service: 09/21/2022 via email - Attorney for Appellee: Hilton; Attorney
09/22/2022 N/A TRANSCRIPT ORDER received from Appellant Satanic Temple, Incorporated. DETAILS: Transcript Order: Court Reporter: Mary Henry, Proceeding Type and Date: Motion Hearing 08/06/2021. Transcript Order ddl satisfied. Ct. Reporter Acknowledgment due on 10/03/2022 for Mary Henry, Court Reporter. Electronic Filing Processed: [9944359-2] [22-20459] (CCR) [Entered: 09/22/2022 11:28 AM]
09/22/2022 📄 APPEARANCE FORM received from Mr. Matt Kezhaya for Satanic Temple, Incorporated for the court's review. Lead Counsel? Yes. [22-20459] (Matt Kezhaya ) [Entered: 09/22/2022 02:54 PM]
09/23/2022 N/A APPEARANCE FORM FILED by Attorney Matt Kezhaya for Appellant Satanic Temple, Incorporated in 22-20459. [22-20459] (RLL) [Entered: 09/23/2022 12:16 PM]
10/07/2022 📄 COURT REPORTER ACKNOWLEDGMENT received from Rachel Willborg. [22-20459] (Rachel Willborg ) [Entered: 10/07/2022 04:23 PM]
10/11/2022 N/A ACKNOWLEDGMENT Transcript Order: Court Reporter: Mary Henry, Est. Completion Dt: 10/24/2022, Dt. Fin Arrangements Made: 09/23/2022, Dt. Trans. to be Filed: 10/24/2022, Proceeding Type and Date: Motion Hearing 08/06/2021. Ct. Reporter Acknowledgment ddl satisfied. Transcript Due/Court Reporter Discount Date is 10/24/2022 for Mary Henry, Court Reporter [22-20459] NOTE: Counsel incorrectly noted on the transcript order form that the transcript was already on file in the Clerk's Office. (ABT) [Entered: 10/11/2022 08:06 AM]
10/13/2022 📄 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-20459] (Ryan Glen Kercher ) [Entered: 10/13/2022 01:50 PM]
10/13/2022 📄 Attorney Ryan G. Kercher is advised to resubmit an appearance form. Reason: Counsel failed to complete the lower portion of the form. [22-20459] (LBM) [Entered: 10/13/2022 03:47 PM]
10/13/2022 📄 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [22-20459] (Ryan Glen Kercher ) [Entered: 10/13/2022 05:13 PM]
10/13/2022 📄 APPEARANCE FORM for the court's review. Lead Counsel? No. [22-20459] (Heather Lee Dyer ) [Entered: 10/13/2022 05:19 PM]
10/17/2022 N/A APPEARANCE FORM FILED by Attorney Ryan Glen Kercher for Appellees Texas Health and Human Service Commission and Cecile Young, in case 22-20459. [22-20459] (DLJ) [Entered: 10/17/2022 10:23 AM]
10/17/2022 N/A APPEARANCE FORM FILED by Attorney Heather Lee Dyer for Appellees Texas Health and Human Service Commission and Cecile Young, in case 22-20459. [22-20459] (DLJ) [Entered: 10/17/2022 10:27 AM]
10/26/2022 N/A ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No Transcript Due/Court Reporter Discount Date canceled [22-20459] (CMB) [Entered: 10/26/2022 09:39 AM]
10/26/2022 📄 BRIEFING NOTICE ISSUED A/Pet's Brief Due on 12/05/2022 for Appellant Satanic Temple, Incorporated. [22-20459] (CMB) [Entered: 10/26/2022 09:39 AM]
12/05/2022 📄 APPELLANT'S BRIEF FILED

A/Pet's Brief deadline satisfied. Appellee's Brief due on 01/04/2023 for Appellees Texas Health and Human Service Commission and Cecile Young [22-20459]

REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Satanic Temple, Incorporated. Date of service: 12/05/2022 via email - Attorney for Appellees: Dyer, Hilton, Kercher; Attorney for Appellant: Kezhaya [22-20459] (Matt Kezhaya ) [Entered: 12/05/2022 09:06 PM]

12/05/2022 📄

📄

RECORD EXCERPTS FILED by Appellant Satanic Temple, Incorporated. Record Excerpts NOT Sufficient as they require a corrected table of contents, tabs inserted between each section, and must remove documents that are not part of the record on appeal. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Sufficient Record Excerpts due on 12/19/2022 for Appellant Satanic Temple, Incorporated [22-20459]

REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellant Satanic Temple, Incorporated. Date of service: 12/05/2022 via email - Attorney for Appellees: Dyer, Hilton, Kercher; Attorney for Appellant: Kezhaya [22-20459] (Matt Kezhaya ) [Entered: 12/05/2022 09:07 PM]

12/19/2022 UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Appellee Texas Health and Human Service Commission for filing Motion for an Extension of Time to File Appellee's Brief until 02/03/2023 [22-20459] (Ryan Glen Kercher ) [Entered: 12/19/2022 11:00 AM]
12/19/2022 N/A EXTENSION RECEIVED for Appellees Texas Health and Human Service Commission and Cecile Young. Extension Granted to and including 02/03/2023. E/Res's Brief deadline updated to 02/03/2023, for Appellees Texas Health and Human Service Commission and Cecile Young. [22-20459] (DLJ) [Entered: 12/19/2022 01:19 PM]
12/21/2022 DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the proposed sufficient record excerpts received from Appellant Satanic Temple, Incorporated because the incorrect filing event was used. The document needs to be refiled under Proposed Sufficient Record Excerpts. [22-20459] (CCR) [Entered: 12/21/2022 03:24 PM]
12/21/2022 🔒 PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellant Satanic Temple, Incorporated in 22-20459 [9996686-2]. Record Excerpts have been deemed insufficient. Corrections required: The Table of Contents list of documents must be numbered, the Tabs must be numbered to correspond to the number assigned to the document in the Table of Contents, and page 47 must be changed from horizontal to vertical. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. Sufficient Record Excerpts deadline updated to 01/10/2023, for Appellant Satanic Temple, Incorporated. [22-20459] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellants Satanic Temple, Incorporated and Satanic Temple, Incorporated [9996686-2]. Date of service: 12/21/2022, via email - Attorney for Appellees: Dyer, Hilton, Kercher; Attorney for Appellant: Kezhaya. [22-20459] (Matt Kezhaya ) [Entered: 12/21/2022 05:10 PM]
01/18/2023 📄

📄

COURT ORDER: On December 8, 2022, the clerk provided the Appellant 14 days to correct deficiencies in the record excerpts filed on December 5, 2022. The directed corrections were not made. On December 27, 2022, the clerk provided the Appellant an additional 14 days to correct deficiencies in the record excerpts. The directed corrections were not made. The Appellant is provided 14 additional days to return sufficient record excerpts. If the Appellant fails to correct the deficiencies and return the record excerpts within the provided time, the clerk is directed to strike the record excerpts and dismiss the appeal for failure to prosecute under 5th Cir. R. 42.3 [40]. Sufficient Record Excerpts deadline updated to 02/01/2023, for Appellant Satanic Temple, Incorporated [24]. [22-20459] (DLJ) [Entered: 01/18/2023 09:54 AM]
01/18/2023 🔒 PROPOSED SUFFICIENT RECORD EXCERPTS filed by Appellants Satanic Temple, Incorporated and Satanic Temple, Incorporated [24] Date of service: 01/18/2023 via email - Attorney for Appellees: Dyer, Hilton, Kercher; Attorney for Appellant: Kezhaya [22-20459] (Matt Kezhaya ) [Entered: 01/18/2023 10:53 AM]
02/03/2023 [📄] APPELLEES' BRIEF FILED. # of Copies Provided: 0 (PAPER COPIES NOT REQUESTED AT THIS TIME). E/Res's Brief deadline satisfied. Reply Brief due on 02/24/2023, for Appellant Satanic Temple, Incorporated. [22-20459] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S MEMORANDUM BRIEF FILED by Texas Health and Human Service Commission and Cecile Young. Date of service: 02/03/2023, via email - Attorney for Appellees: Dyer, Hilton, Kercher; Attorney for Appellant: Kezhaya. [22-20459] (Ryan Glen Kercher ) [Entered: 02/03/2023 07:33 PM]

References

  1. CourtListener.com, Satanic Temple v. TX Hlth and Human Published Opinion — Document #69, Attachment #1
  2. CourtListener.com, Satanic Temple v. TX Hlth and Human (22-20459), Court of Appeals for the Fifth Circuit