Texas et al v. United States of America et al

Filing 1

COMPLAINT against All Defendants filed by Louisiana, West Virgina, Florida, South Carolina, Texas, South Dakota, North Dakota, Phil Bryant, Arizona, Arkansas, Indiana, Paul LePage, Utah, Missouri, Nebraska, Georgia, Wisconsin, Kansas, Tennessee, Alabama. (Filer fee Paid - FW0539-9014188) Clerk to issue summonses for federal and non-federal defendants. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (McCarty, Darren) Modified to edit payment information on 2/27/2018 (wxc).

CIVIL COVER SHEET

JS 44 (Rev. 06/17)

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

Texas, Wisconsin, et al.
(see attached)

United States of America, et al.
(see attached)

(b) County of Residence of First Listed Plaintiff

Travis

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)
NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

(IN U.S. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

Darren McCarty, Special Counsel for Civil Litigation, Office of the Texas
Attorney General. P. O. Box 12548, Mail Code 001, Austin, Texas
78711-2548, [phone] (see attached)

II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
1

2

U.S. Government
Plaintiff

3

U.S. Government
Defendant

4

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only)
PTF
Citizen of This State
1

Federal Question
(U.S. Government Not a Party)

Diversity
(Indicate Citizenship of Parties in Item III)

DEF
1

and One Box for Defendant)
PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State

Citizen of Another State

2

2

Incorporated and Principal Place
of Business In Another State

5

5

Citizen or Subject of a
Foreign Country

3

3

Foreign Nation

6

6

IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT

Click here for: Nature of Suit Code Descriptions.

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers’
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

FORFEITURE/PENALTY

PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

625 Drug Related Seizure
of Property 21 USC 881
690 Other

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
835 Patent - Abbreviated
New Drug Application
840 Trademark
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS
870 Taxes (U.S. Plaintiff
or Defendant)
871 IRS—Third Party
26 USC 7609

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

OTHER STATUTES
375 False Claims Act
376 Qui Tam (31 USC
3729(a))
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

V. ORIGIN (Place an “X” in One Box Only)
1 Original
Proceeding

2 Removed from
State Court

3

Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
Another District

6 Multidistrict
Litigation Transfer
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

8 Multidistrict
Litigation Direct File

28 U.S.C. 2201-02

VI. CAUSE OF ACTION Brief description of cause:
Challenge to the constitutionality of the Affordable Care Act as amended by the Tax Cuts and Jobs Act of 2017

VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
DATE

CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
(See instructions):

CHECK YES only if demanded in complaint:
Yes
No
JURY DEMAND:

DEMAND $

JUDGE Hon. Reed O'Connor;see attached

DOCKET NUMBER 7:16-cv-00108-O; see attach

SIGNATURE OF ATTORNEY OF RECORD

/Darren McCarty/

02/26/2018
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

Texas, Wisconsin, et al., v. United States of America, et al.
In the United States District Court for the Northern District of Texas, Fort Worth
Division
Attachment to Civil Cover Sheet: Names of Parties
PLAINTIFFS
Texas
Wisconsin
Alabama
Arkansas
Arizona
Florida
Georgia
Indiana
Kansas
Louisiana
Paul LePage, Governor of Maine
Mississippi, by and through Governor
Phil Bryant
Missouri
Nebraska
North Dakota
South Carolina
South Dakota
Tennessee
Utah
West Virginia

DEFENDANTS
United States of America
United States Department of Health
and Human Services
Alex Azar, in his Official Capacity as
Secretary of Health and Human
Services
United States Internal Revenue Service
David J. Kautter, in his Official
Capacity as Acting Commissioner of
Internal Revenue

Texas, Wisconsin, et al., v. United States of America, et al.
In the United States District Court for the Northern District of Texas, Fort Worth
Division
Attachment to Civil Cover Sheet: Plaintiffs’ Attorneys
KEN PAXTON
Attorney General of Texas
JEFFREY C. MATEER
First Assistant Attorney General
BRANTLEY D. STARR
Deputy First Assistant Attorney General
JAMES E. DAVIS
Deputy Attorney General for Civil Litigation
DARREN McCARTY
Special Counsel for Civil Litigation
AUSTIN R. NIMOCKS
Special Counsel for Civil Litigation
Attorney General of Texas
P.O. Box 12548, Mail Code 001
Austin, Texas 78711-2548
Tel: [phone]

Wisconsin, Texas, et al., v. United States of America, et al.
In the United States District Court for the Northern District of Texas, Fort Worth
Division
Attachment to Civil Cover Sheet: Related Cases
Related case #1
Style:
Civil Action No.:
Presiding Judge:
Status:

Franciscan Alliance, Inc., et al. v. Alex M. Azar, II, et al.
7:16-cv-00108-O
Hon. Reed O’Connor
Pending

Related Case #2
Style:
Civil Action No.:
Presiding Judge:
Status:

Texas, et al. v. United States of America, et al.
7:15-cv-00151-O
Hon. Reed O’Connor
Pending