Case: State of Louisiana v. Equal Employment Opportunity Commission

2:24-cv-00629 | U.S. District Court for the Western District of Louisiana

Filed Date: May 13, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This is an administrative law challenge to the Pregnant Workers Fairness Act (PWFA)'s inclusion of abortion as a pregnancy-related medical condition that requires employers to provide reasonable accommodations to employees. On May 13, 2024, this lawsuit was filed by the State of Louisiana and the State of Mississippi against the Equal Employment Opportunity Commission (EEOC). The plaintiffs alleged that a final rule for the PWFA issued by the EEOC requires states that ban elective abortions to …

This is an administrative law challenge to the Pregnant Workers Fairness Act (PWFA)'s inclusion of abortion as a pregnancy-related medical condition that requires employers to provide reasonable accommodations to employees.

On May 13, 2024, this lawsuit was filed by the State of Louisiana and the State of Mississippi against the Equal Employment Opportunity Commission (EEOC). The plaintiffs alleged that a final rule for the PWFA issued by the EEOC requires states that ban elective abortions to provide accommodations for employees who terminate pregnancies. PWFA requires employers to “make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions to a qualified employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity.” The final rule interpreted terminating a pregnancy as a related medical condition.

The plaintiffs filed this lawsuit under the Administrative Procedure Act, Fourteenth Amendment, First Amendment, and Declaratory Judgment Act. The plaintiffs sought a declaratory judgement that the Final Rule’s abortion-accommodation mandate was contrary to law and in excess of statutory authority under the APA and to preliminarily and permanently enjoin EEOC from implementing the final rule’s mandate. The case was assigned to Judge David C. Joseph in the Western District of Louisiana.

On May 21, 2024, the defendant filed a motion to transfer venues arguing that plaintiffs did not identify any events giving rise to their claims occurring in the Western District of Louisiana. This was opposed by the plaintiffs on May 31, 2024.

On June 3, 2024, the plaintiffs filed a motion for preliminary injunction and a stay arguing that the Final Rule exceeds the defendant’s statutory authority, violates the Constitution, and is arbitrary and capricious.

On June 5, 2024, the court denied the defendant’s request to transfer venues. On June 9, 2024, the defendant filed in opposition to the plaintiffs request for a preliminary injunction. They alleged that the plaintiffs lacked injury and that the court lacked jurisdiction.

On June 17, 2024, the court granted the preliminary injunction in part. The Court found that the defendant exceeded its statutory authority to implement the PWFA, unlawfully took over the authority of Congress, and encroached upon the sovereignty of the plaintiffs. On June 27, 2024, this case was consolidated with a case filed by four entities affiliated with the Roman Catholic Church (United States Conference of Catholic Bishops, et al v. EEOC, et al, No. 2:24-cv-00691).

On October 10, 2024, the defendants filed a motion to dismiss the plaintiffs’ claims for lack of jurisdiction. That same day, the State plaintiffs filed a motion for summary judgement.

On May 26, 2025, the court granted the State plaintiffs’ motion for summary judgment in part and the provisions of the Final Rule that included abortion as a related medical condition were vacated. The court also ordered the EEOC to revise the Final Rule and all implementing regulations.

As of March 22, 2026, this case is ongoing.

Summary Authors

Cara Claflin (1/19/2025)

Amanda Feldman (3/27/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68525016/parties/state-of-louisiana-v-equal-employment-opportunity-commission/


Attorney for Plaintiff

Aguinaga, J Benjamin (Louisiana)

Berry, Jonathan (Louisiana)

Blomberg, Daniel H (Louisiana)

Attorney for Defendant

Bakst, Laura B (Louisiana)

Expert/Monitor/Master/Other

Burroughs, Gaylynn Ann (Louisiana)

Documents in the Clearinghouse

Documents in this case
107

2:24-cv-00629

Memorandum Order

May 21, 2025

May 21, 2025

Order/Opinion

784 F.Supp.3d 886

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68525016/state-of-louisiana-v-equal-employment-opportunity-commission/

Last updated March 22, 2026, 10:11 p.m.

ECF Number Date Description Link
1 May 13, 2024

COMPLAINT against Equal Employment Opportunity Commission (Filing fee $405, receipt number ALAWDC-5942767) filed by State of Louisiana, The State of Mississippi. (Attachments: # 1 Exhibit Ex. A- Final Rule OCR, # 2 Exhibit Ex. B- States' PWFA Comment on Proposed Rule, # 3 Exhibit Ex. C- DOJ Section 5 Letter to Congress, # 4 Exhibit Ex. D- Lucas Dissent, # 5 Civil cover sheet Civil Cover Sheet)(Attorney Tracy L Short added to party State of Louisiana(pty:pla), Attorney Tracy L Short added to party The State of Mississippi(pty:pla))(aty,Short, Tracy) (Entered: 05/13/2024)

1 Exhibit Ex. A- Final Rule OCR

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2 Exhibit Ex. B- States' PWFA Comment on Proposed Rule

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3 Exhibit Ex. C- DOJ Section 5 Letter to Congress

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4 Exhibit Ex. D- Lucas Dissent

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5 Civil cover sheet Civil Cover Sheet

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2 May 13, 2024

SUMMONS ISSUED as to U S Attorney, U S Attorney General. (crt,Chavis, J) (Entered: 05/15/2024)

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3 May 13, 2024

SUMMONS ISSUED as to U S Attorney, U S Attorney General, Equal Employment Opportunity Commission. (crt,Chavis, J) (Entered: 05/16/2024)

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May 13, 2024

CASE Assigned to Judge David C Joseph and Magistrate Judge Thomas P LeBlanc. (crt,Chavis, J)

May 15, 2024

Case Assigned/Reassigned

4 May 21, 2024

NOTICE of Appearance by Daniel Schwei on behalf of Equal Employment Opportunity Commission (Attorney Daniel Schwei added to party Equal Employment Opportunity Commission(pty:dft)) (aty,Schwei, Daniel) (Entered: 05/21/2024)

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5 May 21, 2024

MOTION to Transfer Case by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum / Brief, # 2 Exhibit Judicial Conference Policy, Guidance for Civil Case Assignment in the District Courts, # 3 Proposed order)(aty,Schwei, Daniel) (Entered: 05/21/2024)

1 Memorandum / Brief

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2 Exhibit Judicial Conference Policy, Guidance for Civil Case Assignment in the Di

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3 Proposed order

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6 May 21, 2024

NOTICE of Motion Setting regarding: 5 MOTION to Transfer Case . Motions referred to Judge David C Joseph. (crt,Chavis, J) (Entered: 05/21/2024)

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7 May 21, 2024

NOTICE of Appearance by Laura B Bakst on behalf of Equal Employment Opportunity Commission (Attorney Laura B Bakst added to party Equal Employment Opportunity Commission(pty:dft)) (aty,Bakst, Laura) (Entered: 05/21/2024)

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8 May 21, 2024

NOTICE of Appearance by Alexandra Widas on behalf of Equal Employment Opportunity Commission (Attorney Alexandra Widas added to party Equal Employment Opportunity Commission(pty:dft)) (aty,Widas, Alexandra) (Entered: 05/21/2024)

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9 May 21, 2024

MOTION for J. Benjamin Aguinaga to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5951137) by State of Louisiana. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 5/21/2024. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Short, Tracy) (Entered: 05/21/2024)

1 Certificate of good standing

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2 Proposed order

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10 May 28, 2024

SUMMONS Returned Executed by State of Louisiana. U S Attorney served 5/17/2024, U S Attorney General served 5/28/2024, Equal Employment Opportunity Commission served 5/22/2024. Defendants answer due 7/29/2024 (aty,Short, Tracy) Modified text on 5/28/2024 (Thomas, T). (Entered: 05/28/2024)

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11 May 29, 2024

ELECTRONIC MINUTE ENTRY: A joint hearing is set for 6/4/2024 at 10:00 AM in Lafayette, Courtroom 1 before Judge David C Joseph to hear argument and issue rulings regarding the following items: 1 - The Court's sua sponte consolidation of docket numbers 24-cv-629 and 24-cv-691 pursuant to Federal Rule of Civil Procedure 42(a)(2); 2- The Defendant's Motion to Transfer [Doc. 5] in 24-cv-629; 3 - To set a briefing schedule and hearing date for Plaintiffs' Motion for Preliminary Injunction in 24-cv-691 prior to implementation of the Final Rule on June 18, 2024. The parties may, but are not required, to file briefing pertinent to these issues on or before May 31, 2024. Signed by Judge David C Joseph on 5/29/2024. (crt,LaCombe, L) (Entered: 05/29/2024)

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12 May 29, 2024

ELECTRONIC MINUTE ENTRY: Argument re 5 Motion to Transfer Case filed by Equal Employment Opportunity Commission RESET for 6/5/2024 at 10:00 AM in Lafayette, Courtroom 1 before Judge David C Joseph. See Electronic Minute Entry 11 for additional details. Signed by Judge David C Joseph on 5/29/2024. (crt,LaCombe, L) (Entered: 05/29/2024)

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May 29, 2024

Minute Entry AND ~Util - Set Motion and R&R Deadlines/Hearings

13 May 31, 2024

RESPONSE to Motion re 5 MOTION to Transfer Case filed by State of Louisiana, State of Mississippi. (Attachments: # 1 Exhibit Exhibit A- Emails dated May 24, 2024)(aty,Short, Tracy) (Entered: 05/31/2024)

1 Exhibit Exhibit A- Emails dated May 24, 2024

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14 May 31, 2024

NOTICE of Regarding June 5, 2024 Joint Hearing by Equal Employment Opportunity Commission (aty,Bakst, Laura) (Entered: 05/31/2024)

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15 May 31, 2024

ORDER granting 9 Motion to Appear Pro Hac Vice for appearance of J Benjamin Aguinaga for State of Louisiana. Signed by Magistrate Judge Thomas P LeBlanc on 5/30/2024. (crt,Chavis, J) (Entered: 05/31/2024)

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16 May 31, 2024

NOTICE by State of Louisiana, State of Mississippi Regarding June 5, 2024 Hearing (aty,Short, Tracy) (Entered: 05/31/2024)

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17 June 3, 2024

MOTION for Preliminary Injunction, MOTION to Stay (Motion Ripe Deadline set for 6/3/2024.) by State of Louisiana, State of Mississippi. Motions referred to Thomas P LeBlanc. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A-Declaration of Sandra Schober, # 3 Exhibit B-Declaration of Kelly Hardwick)(aty,Short, Tracy) (Entered: 06/03/2024)

1 Memorandum in Support

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2 Exhibit A-Declaration of Sandra Schober

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3 Exhibit B-Declaration of Kelly Hardwick

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June 4, 2024

Motions Transferred

June 4, 2024

Motions Transferred regarding 17 MOTION for Preliminary Injunction MOTION to Stay . Motions referred to Judge David C Joseph. (crt,Chavis, J)

18 June 5, 2024

MINUTES for proceedings held before Judge David C Joseph. MOTION HEARING and STATUS CONFERENCE held 6/5/2024. After considering oral argument, the applicable law and for the reasons stated on the record, the Court DENIED 5 Motion to Transfer Case filed by Equal Employment Opportunity Commission. 17 MOTION for Preliminary Injunction, MOTION to Stay set for hearing 6/12/2024 at 10:00 AM in Lafayette, Courtroom 1 before Judge David C Joseph. Defendants, Equal Employment Opportunity Commission shall file their response to 17 by 6/9/2024. Replies due by 6/11/2024. (Court Reporter: Myra Primeaux) (crt,LaCombe, L) (Entered: 06/05/2024)

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19 June 5, 2024

MOTION for Justin Matheny to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5965279) by State of Mississippi. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 6/5/2024. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Short, Tracy) (Entered: 06/05/2024)

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20 June 6, 2024

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings for Motion Hearing and Status Conference held on 6/5/2024 before Judge David C Joseph. Court Reporter Myra Primeaux, Telephone number (318)442-3080. Total pages: 33. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter. Redaction Request due 7/1/2024. Redacted Transcript Deadline set for 7/11/2024. Release of Transcript Restriction set for 9/9/2024. (crt,Primeaux, M) (Entered: 06/06/2024)

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21 June 9, 2024

MEMORANDUM in Opposition re 17 MOTION for Preliminary Injunction MOTION to Stay filed by Equal Employment Opportunity Commission. (aty,Widas, Alexandra) (Entered: 06/09/2024)

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22 June 10, 2024

Unopposed MOTION for Leave to File Amicus Brief with consent by Small Business Majority, Main Street Alliance, American Sustainable Business Council. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 6/10/2024. (Attachments: # 1 Memorandum / Brief, # 2 Proposed pleading, # 3 Proposed order)(Attorney William Brock Most added to party Small Business Majority(pty:am), Attorney William Brock Most added to party Main Street Alliance(pty:am), Attorney William Brock Most added to party American Sustainable Business Council(pty:am))(aty,Most, William) (Entered: 06/10/2024)

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23 June 10, 2024

Ex Parte MOTION for Carrie Flaxman to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5968545) by American Sustainable Business Council, Main Street Alliance, Small Business Majority. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 6/10/2024. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Most, William) (Entered: 06/10/2024)

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24 June 10, 2024

Ex Parte MOTION for Kaitlyn Golden to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5968552) by American Sustainable Business Council, Main Street Alliance, Small Business Majority. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 6/10/2024. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Most, William) (Entered: 06/10/2024)

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25 June 10, 2024

ORDER granting 19 Motion to Appear Pro Hac Vice for appearance of Justin L Matheny for State of Mississippi. Signed by Magistrate Judge Thomas P LeBlanc on 6/10/2024. (crt,Jones, P) (Entered: 06/10/2024)

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26 June 10, 2024

Unopposed MOTION for Leave to File Brief of Amici Curae with consent by American Civil Liberties Union of Louisiana, American Civil Liberties Union, National Women's Law Center. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 6/10/2024. (Attachments: # 1 Memorandum / Brief Proposed Brief of Amici Curae, # 2 Proposed order)(Attorney Charles Andrew Perry added to party American Civil Liberties Union of Louisiana(pty:selreq), Attorney Charles Andrew Perry added to party American Civil Liberties Union(pty:selreq), Attorney Charles Andrew Perry added to party National Women's Law Center(pty:selreq))(aty,Perry, Charles) (Entered: 06/10/2024)

1 Memorandum / Brief Proposed Brief of Amici Curae

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2 Proposed order

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27 June 10, 2024

MOTION for Gaylynn Ann Burroughs to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5969219) by American Civil Liberties Union, American Civil Liberties Union of Louisiana, National Women's Law Center. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 6/10/2024. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Perry, Charles) (Entered: 06/10/2024)

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28 June 10, 2024

MOTION for Ming-Qi Chu to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5969220) by American Civil Liberties Union, American Civil Liberties Union of Louisiana, National Women's Law Center. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 6/10/2024. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Perry, Charles) (Entered: 06/10/2024)

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29 June 10, 2024

MOTION for Lindsey Kaley to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5969221) by American Civil Liberties Union, American Civil Liberties Union of Louisiana, National Women's Law Center. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 6/10/2024. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Perry, Charles) (Entered: 06/10/2024)

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30 June 10, 2024

MOTION for Laura Narefsky to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5969222) by American Civil Liberties Union, American Civil Liberties Union of Louisiana, National Women's Law Center. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 6/10/2024. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Perry, Charles) (Entered: 06/10/2024)

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31 June 10, 2024

MOTION for Gillian Thomas to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5969223) by American Civil Liberties Union, American Civil Liberties Union of Louisiana, National Women's Law Center. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 6/10/2024. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Perry, Charles) (Entered: 06/10/2024)

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32 June 11, 2024

REPLY to Response to Motion re 17 MOTION for Preliminary Injunction MOTION to Stay filed by State of Louisiana, State of Mississippi. (Attachments: # 1 Exhibit Exhibit A- Declaration of Keen-Schilling)(aty,Short, Tracy) (Entered: 06/11/2024)

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33 June 12, 2024

MINUTES for proceedings held before Judge David C Joseph. MOTION HEARING held on 6/12/2024 re 17 MOTION for Preliminary Injunction, MOTION to Stay filed by States of Louisiana and Mississippi. After considering oral argument, the applicable law, and memoranda submitted, the Court took 17 Motion for Preliminary Injunction, Motion to Stay by States of Louisiana and Mississippi under advisement. The Court invited supplemental briefing on any issues addressed in oral argument by Friday, June 14, 2024. A written ruling will follow. (Court Reporter: Cathleen E Marquardt) (crt,LaCombe, L) (Entered: 06/12/2024)

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34 June 13, 2024

ORDER granting 22 Motion for Leave to File Amicus Brief. Signed by Magistrate Judge Thomas P LeBlanc on 6/13/2024. (crt,Miletello, A) (Entered: 06/14/2024)

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35 June 13, 2024

BRIEF OF AMICI CURIAE in Opposition re 17 MOTION for Preliminary Injunction filed by American Sustainable Business Council, Main Street Alliance, Small Business Majority. (crt,Miletello, A) (Entered: 06/14/2024)

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36 June 13, 2024

ORDER granting 26 Motion for Leave to File Brief of Amici Curae. Signed by Magistrate Judge Thomas P LeBlanc on 6/13/2024. (crt,Miletello, A) (Entered: 06/14/2024)

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37 June 13, 2024

BRIEF OF AMICI CURIAE in Opposition re 17 MOTION for Preliminary Injunction filed by American Civil Liberties Union, American Civil Liberties Union of Louisiana, National Womens Law Center. (crt,Miletello, A) (Entered: 06/14/2024)

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38 June 13, 2024

ORDER granting 29 Motion to Appear Pro Hac Vice for appearance of Lindsey Kaley for American Civil Liberties Union, American Civil Liberties Union of Louisiana, National Womens Law Center. Signed by Magistrate Judge Thomas P LeBlanc on 6/13/2024. (crt,Miletello, A) (Entered: 06/14/2024)

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39 June 13, 2024

ORDER granting 31 Motion to Appear Pro Hac Vice for appearance of Gillian Thomas for American Civil Liberties Union, American Civil Liberties Union of Louisiana, National Womens Law Center. Signed by Magistrate Judge Thomas P LeBlanc on 6/13/2024. (crt,Miletello, A) (Entered: 06/14/2024)

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40 June 13, 2024

ORDER granting 23 Motion to Appear Pro Hac Vice for appearance of Carrie Flaxman for American Sustainable Business Council,Carrie Flaxman for Main Street Alliance,Carrie Flaxman for Small Business Majority. Signed by Magistrate Judge Thomas P LeBlanc on 6/13/2024. (crt,Chavis, J) (Entered: 06/14/2024)

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41 June 13, 2024

ORDER granting 24 Motion to Appear Pro Hac Vice for appearance of Kaitlyn Golden for American Sustainable Business Council,Kaitlyn Golden for Main Street Alliance,Kaitlyn Golden for Small Business Majority. Signed by Magistrate Judge Thomas P LeBlanc on 6/13/2024. (crt,Chavis, J) (Entered: 06/14/2024)

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42 June 13, 2024

ORDER granting 27 Motion to Appear Pro Hac Vice for appearance of Gaylynn Ann Burroughs for National Womens Law Center. Signed by Magistrate Judge Thomas P LeBlanc on 6/13/2024. (crt,Chavis, J) (Entered: 06/14/2024)

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43 June 13, 2024

ORDER granting 28 Motion to Appear Pro Hac Vice for appearance of Ming-Qi Chu for American Civil Liberties Union. Signed by Magistrate Judge Thomas P LeBlanc on 6/13/2024. (crt,Chavis, J) (Entered: 06/14/2024)

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44 June 13, 2024

ORDER granting 30 Motion to Appear Pro Hac Vice for appearance of Laura Narefsky for National Womens Law Center. Signed by Magistrate Judge Thomas P LeBlanc on 6/13/2024. (crt,Chavis, J) (Entered: 06/14/2024)

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45 June 14, 2024

SUPPLEMENTAL MEMORANDUM in Opposition re 17 MOTION for Preliminary Injunction MOTION to Stay filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Memorandum Opinion & Order in Tennessee v EEOC)(aty,Schwei, Daniel) (Entered: 06/14/2024)

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46 June 14, 2024

SUPPLEMENTAL MEMORANDUM in Support re 17 MOTION for Preliminary Injunction MOTION to Stay filed by State of Louisiana, State of Mississippi. (Attachments: # 1 Exhibit Ex. A - TN v. EEOC (E.D. Ark.))(aty,Aguinaga, J) (Entered: 06/14/2024)

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47 June 17, 2024

MEMORANDUM ORDER: IT IS ORDERED that the MOTION FOR PRELIMINARY INJUNCTION [Doc. 17], filed by the States of Louisiana and Mississippi, and the MOTION FOR PRELIMINARY INJUNCTION [Doc. 11] filed by the United States Conference of Catholic Bishops, Society of the Roman Catholic Church of the Diocese of Lake Charles, Society of the Roman Catholic Church of the Diocese of Lafayette, and Catholic University of America are GRANTED IN PART. IT IS FURTHER ORDERED that this preliminary injunction postpones the effective date of the Final Rule's requirement that covered entities provide accommodation for the elective abortions of employees that are not necessary to treat a medical condition related to pregnancy. IT IS FURTHER ORDERED that the EEOC is preliminarily enjoined with respect to the above-listed parties from: (i) initiating any investigation into claims that a covered employer has failed to accommodate an elective abortion that is not necessary to treat a medical condition related to pregnancy; and (ii) issuing any Notice of Right to Sue with respect to the same. Signed by Judge David C Joseph on 6/17/2024. (crt,LaCombe, L) (Entered: 06/17/2024)

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48 June 26, 2024

PROPOSED Consolidation Order by Equal Employment Opportunity Commission (Attachments: # 1 Proposed order)(aty,Schwei, Daniel) Modified motion event on 6/27/2024 (Chavis, J). (Entered: 06/26/2024)

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June 26, 2024

Set/Reset Deadlines as to 48 Proposed Order. Motion Ripe Deadline set for 6/26/2024. (crt,Chavis, J)

49 June 27, 2024

CONSOLIDATION ORDER: IT IS HEREBY ORDERED that State of Louisiana, et al v. EEOC, Civil Action No. 2:24-cv-00629, and United States Conference of Catholic Bishops, et al v. EEOC, et al, Civil Action No. 2:24-cv-00691, are hereby CONSOLIDATED for purposes of discovery and pre-trial motion practice pursuant to FRCP 42(a). IT IS FURTHER ORDERED that the above-captioned matters are REFERRED to the magistrate judge for a scheduling conference. Signed by Judge David C Joseph on 6/27/2024. (crt,Thomas, T) (Entered: 06/27/2024)

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June 27, 2024

Set Motion and R&R Deadlines/Hearings

50 July 1, 2024

ELECTRONIC ORDER: Considering the 49 Consolidation Order issued by the District Judge, a Scheduling Conference is set for 7/25/2024 at 01:30 PM by telephone before Magistrate Judge Thomas P LeBlanc in this matter, State of Louisiana et al v. EEOC (2:24-cv-00629), and in United States Conference of Catholic Bishops et al v. EEOC, et al, (2:24-cv-00691). The parties will discuss preliminary coordination of pretrial matters; this conference will not result in the selection of a trial date. Counsel are to call the Chambers Teleconference Line at 877-336-1274, Access Code 7066014. Signed by Magistrate Judge Thomas P LeBlanc on 7/1/2024. (crt,Crawford, Andrea) (Entered: 07/01/2024)

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July 1, 2024

Order AND Order Setting Scheduling Conference

51 July 2, 2024

MOTION for Extension of Time to File Answer re 1 Complaint,, with opposition by All Defendants. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 7/2/2024. (Attachments: # 1 Proposed order)(aty,Widas, Alexandra) (Entered: 07/02/2024)

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52 July 3, 2024

ELECTRONIC ORDER. Set Deadlines/Hearing as to 51 MOTION for Extension of Time to File Answer re 1 Complaint, with opposition, filed by Equal Employment Opportunity Commission: Responses due by 7/8/2024. Signed by Magistrate Judge Thomas P LeBlanc on 7/3/2024. (crt,Crawford, Andrea) (Entered: 07/03/2024)

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July 3, 2024

Order AND ~Util - Set Motion and R&R Deadlines/Hearings

53 July 8, 2024

RESPONSE to Motion re 51 MOTION for Extension of Time to File Answer re 1 Complaint,, with opposition filed by State of Louisiana, State of Mississippi. (aty,Aguinaga, J) (Entered: 07/08/2024)

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54 July 10, 2024

ORDER granting 51 Motion for Extension of Time to Answer re 1 Complaint with opposition. Equal Employment Opportunity Commission answer due 8/30/2024. Signed by Magistrate Judge Thomas P LeBlanc on 7/10/2024. (crt,Crick, S) (Entered: 07/11/2024)

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55 July 15, 2024

MOTION to Alter Judgment or MOTION to Amend/Correct Judgment 47 Memorandum Order (Motion Ripe Deadline set for 7/15/2024.) by All Defendants. Motions referred to Thomas P LeBlanc. (Attachments: # 1 Memorandum / Brief)(aty,Widas, Alexandra) Modified docket text on 7/16/2024 (Whitener, M). (Entered: 07/15/2024)

1 Memorandum / Brief

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56 July 16, 2024

NOTICE of Motion Setting regarding: 55 MOTION to Alter Judgment and MOTION to Amend/Correct Judgment 47 Memorandum Order. Motions referred to Judge David C Joseph. (crt,Whitener, M) (Entered: 07/16/2024)

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57 July 18, 2024

Joint RULE 26(f) Report by State of Louisiana, State of Mississippi, Equal Employment Opportunity Commission . (aty,Aguinaga, J) Modified filers on 7/19/2024 (Chavis, J). (Entered: 07/18/2024)

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58 July 25, 2024

MINUTES for proceedings held before Magistrate Judge Thomas P LeBlanc: A SCHEDULING CONFERENCE was held on 7/25/2024 in connection with both 24-cv-00691 and 24-cv-00629. Participating by telephone were: Daniel H. Blomberg and Andrea R. Butler for plaintiffs in 24-cv-00691; J. Benjamin Aguinaga for plaintiffs in 24-cv-00629; and Laura B. Bakst and Alexandra Widas for the EEOC in both actions. Following discussions with counsel, an interim scheduling order was achieved to facilitate early-stage joint dispositive motions, including addressing filing of the administrative record, discovery, and related matters. See the separately docketed Interim Scheduling Order for deadlines and additional pertinent information. (jud,LeBlanc, Thomas P) (Entered: 07/25/2024)

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July 25, 2024

Scheduling Conference

59 July 26, 2024

ORDER, IT IS ORDERED that On or before AUGUST 26, 2024, the Equal Employment Opportunity Commission (EEOC) shall compile the entirety of the administrative record pertaining to this matter, file same into the record. On or before SEPTEMBER 16, 2024, the State Plaintiffs and the Bishops Plaintiffs shall file any motion to supplement or complete the administrative record or shall file a certificate that the administrative record as filed by the EEOC is the complete administrative record. On or before OCTOBER 10, 2024, the parties shall file their respective dispositive motions. On or before NOVEMBER 12, 2024, the parties shall file their respective responses to the dispositive motions. On or before DECEMBER 10, 2024, the parties shall file their respective repliesto the responses to the dispositive motions. (SEE PDF FOR COMPLETE DETAILS AND OTHER DEADLINES)(Compliance Deadline set for 8/26/2024, Second Compliance Deadline set for 9/16/2024, Dispositive Motions due by 10/10/2024.) Signed by Magistrate Judge Thomas P LeBlanc on 7/26/2024. (crt,Jones, P) (Entered: 07/26/2024)

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60 Aug. 5, 2024

MEMORANDUM in Opposition re 55 MOTION to Alter Judgment orMOTION to Amend/Correct Judgment 47 Memorandum Order filed by State of Louisiana, State of Mississippi. (aty,Aguinaga, J) (Entered: 08/05/2024)

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61 Aug. 12, 2024

REPLY to Response to Motion re 55 MOTION to Alter Judgment orMOTION to Amend/Correct Judgment 47 Memorandum Order filed by Equal Employment Opportunity Commission. (aty,Schwei, Daniel) (Entered: 08/12/2024)

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62 Aug. 13, 2024

RULING AND ORDER: IT IS ORDERED that the RULE 59 MOTION TO ALTER OR AMEND JUDGMENT filed in State of Louisiana, et al, v. EEOC, [Doc. 55] is DENIED. Signed by Judge David C Joseph on 8/13/2024. (crt,LaCombe, L) (Entered: 08/13/2024)

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63 Aug. 19, 2024

Unopposed MOTION Leave to File Administrative Record Directly With Clerk of Court and Waiver of Hard Copy Requirement by All Defendants. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 8/19/2024. (Attachments: # 1 Proposed order)(aty,Bakst, Laura) (Entered: 08/19/2024)

1 Proposed order

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64 Aug. 26, 2024

NOTICE of Filing of Certified Administrative Record by Equal Employment Opportunity Commission (Attachments: # 1 Exhibit Certification of the Administrative Record, # 2 Exhibit Index of the Administrative Record)(aty,Widas, Alexandra) (Entered: 08/26/2024)

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Aug. 27, 2024

Manual Attachment Received

Aug. 27, 2024

MANUAL ATTACHMENT received from Daniel Schwei, Laura B Bakst, Alexandra Widas on behalf of Equal Employment Opportunity Commission regarding 64 Notice (Other). The original manual attachments will be maintained in the division of the presiding judge, until expiration of appeal delays. (crt,Savoy, A)

65 Sept. 13, 2024

Joint MOTION for Leave to File Excess Pages by State of Louisiana, State of Mississippi, Equal Employment Opportunity Commission. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 9/13/2024. (Attachments: # 1 Proposed Order)(aty,Aguinaga, J) Modified docket text and filers on 9/16/2024 (Chavis, J). (Entered: 09/13/2024)

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Sept. 13, 2024

Motions Transferred regarding 65 Joint MOTION for Leave to File Excess Pages . Motions referred to Judge David C Joseph. (crt,Chavis, J)

66 Sept. 16, 2024

NOTICE of Certification Regarding Administrative Record by State of Louisiana, State of Mississippi (aty,Aguinaga, J) (Entered: 09/16/2024)

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67 Sept. 16, 2024

ORDER granting 65 Motion for Leave to File Excess Pages. ORDERED, that, in connection with the Parties upcoming dispositive motions, the Bishops Plaintiffs and State Plaintiffs are permitted 35 pages each for opening memoranda, 35 pages each for opposition memoranda, and 20 pages each for reply memoranda, and Defendants are permitted 50 pages for their consolidated opening memorandum, 50 pages for their consolidated opposition memorandum, and 35 pages for their consolidated reply memorandum. Signed by Judge David C Joseph on 9/16/2024. (crt,Chavis, J) (Entered: 09/17/2024)

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Sept. 16, 2024

Motions Transferred

68 Oct. 10, 2024

MOTION to Dismiss Plaintiffs' Complaint for Lack of Jurisdiction, in the alternative, MOTION for Summary Judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum / Brief, # 2 Statement of material facts, # 3 Exhibit Lage Declaration, # 4 Exhibit Hudson Declaration (Bishops), # 5 Exhibit Hudson Declaration (States), # 6 Proposed order)(aty,Bakst, Laura) Modified event and docket text on 10/11/2024 (Bunting, M). (Entered: 10/10/2024)

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69 Oct. 10, 2024

Unopposed MOTION to Seal Attached Document by All Defendants. Motion Ripe Deadline set for 10/10/2024. (Attachments: # 1 Proposed exhibit Sealed Ex., # 2 Proposed order)(aty,Widas, Alexandra) (Entered: 10/10/2024)

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70 Oct. 10, 2024

MOTION for Summary Judgment by State of Louisiana, State of Mississippi. (Attachments: # 1 Memorandum / Brief, # 2 Declaration of Sandra Schober, # 3 Declaration of Cheryl Keen Schilling, # 4 Declaration of Kelly Hardwick)(aty,Short, Tracy) (Entered: 10/10/2024)

1 Memorandum / Brief

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2 Declaration of Sandra Schober

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3 Declaration of Cheryl Keen Schilling

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4 Declaration of Kelly Hardwick

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71 Oct. 11, 2024

NOTICE of Motion Setting regarding: 68 MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment . Motions referred to Judge David C Joseph. (crt,Bunting, M) (Entered: 10/11/2024)

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72 Oct. 11, 2024

VACATED*** NOTICE of Motion Setting regarding: 70 MOTION for Summary Judgment . Motions referred to Judge David C Joseph. (crt,Bunting, M) Modified on 10/30/2024, to reflect Notice of Motion Setting is VACATED. (LaCombe, L). (Entered: 10/11/2024)

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73 Oct. 15, 2024

ORDER granting 69 Motion to Seal Attached Document. Signed by Judge David C Joseph on 10/15/2024. (crt,Chavis, J) (Entered: 10/16/2024)

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74 Oct. 15, 2024

EXHIBIT #5 re 68 MOTION to Dismiss for Lack of Jurisdiction, MOTION for Summary Judgment by Equal Employment Opportunity Commission. (crt,Chavis, J) (Entered: 10/16/2024)

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75 Nov. 12, 2024

MEMORANDUM in Opposition re 70 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Second Lage Declaration, # 2 Exhibit Second Hudson Declaration)(aty,Bakst, Laura) (Entered: 11/12/2024)

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76 Nov. 12, 2024

MEMORANDUM in Opposition re 68 MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment filed by State of Louisiana, State of Mississippi. (Attachments: # 1 Ex A- Declaration of Sandra Schober, # 2 Ex B- Declaration of Chery Keen-Schilling, # 3 Ex C- Declaration of Kelly Hardwick)(aty,Aguinaga, J) (Entered: 11/12/2024)

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77 Nov. 19, 2024

MOTION for Leave to File Brief of Amicus Curiae with consent by Bill Cassidy. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 11/19/2024. (Attachments: # 1 Proposed order, # 2 Proposed pleading)(Attorney Thomas M Flanagan added to party Bill Cassidy(pty:am))(aty,Flanagan, Thomas) Modified to remove duplicate text on 11/20/2024. (Alexander, E) (Entered: 11/19/2024)

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78 Nov. 19, 2024

MOTION for Justin E. Butterfield to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-6118440) by Bill Cassidy. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 11/19/2024. (Attachments: # 1 Proposed order, # 2 Letter of Good Standing)(aty,Flanagan, Thomas) Modified to remove duplicate text on 11/20/2024. (Alexander, E) (Entered: 11/19/2024)

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79 Nov. 19, 2024

MOTION for Lea E. Patterson to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-6118463) by Bill Cassidy. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 11/19/2024. (Attachments: # 1 Proposed order, # 2 Letter of Good Standing)(aty,Flanagan, Thomas) Modified to remove duplicate text on 11/20/2024. (Alexander, E) (Entered: 11/19/2024)

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80 Nov. 19, 2024

Unopposed MOTION for Leave to File BRIEF OF AMICI CURIAE with consent by Small Business Majority, Main Street Alliance, American Sustainable Business Council. Motions referred to Thomas P LeBlanc. Motion Ripe Deadline set for 11/19/2024. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Exhibit A - Amicus Brief)(aty,Most, William) (Entered: 11/19/2024)

1 Memorandum in Support

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2 Proposed Order

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3 Exhibit A - Amicus Brief

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Nov. 19, 2024

Motions Transferred regarding 80 Unopposed MOTION for Leave to File BRIEF OF AMICI CURIAE with consent, 77 MOTION for Leave to File Brief of Amicus Curiae with consent . Motions referred to Judge David C Joseph. (crt,Chavis, J)

81 Nov. 20, 2024

ORDER granting 77 Motion for Leave to File. Signed by Judge David C Joseph on 11/20/2024. (crt,Chavis, J) (Entered: 11/20/2024)

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82 Nov. 20, 2024

AMICUS CURIAE re 68 MOTION for Summary Judgment filed by Bill Cassidy. (crt,Chavis, J) (Entered: 11/20/2024)

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83 Nov. 20, 2024

ORDER granting 78 Motion to Appear Pro Hac Vice for appearance of Justin E Butterfield for Bill Cassidy. Signed by Magistrate Judge Thomas P LeBlanc on 11/20/2024. (crt,Chavis, J) (Entered: 11/20/2024)

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84 Nov. 20, 2024

ORDER granting 79 Motion to Appear Pro Hac Vice for appearance of Lea E Patterson for Bill Cassidy. Signed by Magistrate Judge Thomas P LeBlanc on 11/20/2024. (crt,Chavis, J) (Entered: 11/20/2024)

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85 Nov. 20, 2024

ORDER granting 80 Motion for Leave to File. Signed by Magistrate Judge Thomas P LeBlanc on 11/20/2024. (crt,Chavis, J) (Entered: 11/20/2024)

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Case Details

State / Territory:

Louisiana

Case Type(s):

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: May 13, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The States of Louisiana and Mississippi

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Equal Employment Opportunity Commission

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Federalism (including 10th Amendment)

Other Dockets:

Western District of Louisiana 2:24-cv-00629

Western District of Louisiana 2:24-cv-00691

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Abortion

Recommended Citation