Unopposed Motion For A Stay of Proceedings

Case 1:20-cv-05583-AKH Document 139 Filed 02/10/21 Page 1 of 3
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
STATE OF NEW YORK, et al., )

)
Plaintiffs, )
)
v. ) Case No. 1:20-cv-5583-AKH
)
U.S. DEPARTMENT OF HEALTH )
AND HUMAN SERVICES, et al., )
)
Defendants. )
)
UNOPPOSED MOTION FOR A STAY OF PROCEEDINGS

Defendants, by and through undersigned counsel, respectfully request that the Court stay
all proceedings in this matter while new leadership at the U.S. Department of Health and Human
Services (HHS) evaluates the issues this case presents, especially in light of the President’s
Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or
Sexual Orientation. This motion is unopposed.
1. This case concerns the validity of a final rule that HHS promulgated in 2020. The rule,
entitled Nondiscrimination in Health and Health Education Programs or Activities, 85 Fed.
Reg. 37,160 (June 19, 2020), implements Section 1557 of the Patient Protection and
Affordable Care Act, 42 U.S.C. § 18116. In this case, Plaintiffs seek judicial review of the
rule. On December 2, 2020, Defendants moved to dismiss for lack of subject matter
jurisdiction and Plaintiffs moved for summary judgment on their Administrative Procedure
Act claims.
2. The parties’ motions are fully briefed. The Court has not scheduled argument on the
motions.
3. New leadership at HHS is will be reassessing the issues that this case presents. In would
therefore conserve the resources of the Court and the parties to stay proceedings while HHS
undertakes this reassessment. New leadership began arriving at HHS and the U.S.
Department of Justice on January 20, 2021 and will need additional time to review the rule
in question and the multiple legal issues that are involved in this case; consult with all
interested federal agencies and offices; and determine the appropriate course going
forward. Given the recent change of administration and the complexity and importance of
the issues presented by the rule and in this case, these extraordinary circumstances support
a stay of proceedings. The Court’s authority to order such a stay is well-settled. See Landis
v. N. Am. Co., 299 U.S. 248, 253 (1936) (“The power to stay proceedings is incidental to
the power inherent in every court to control the disposition of the causes on its docket with
economy of time and effort for itself, for counsel, and for litigants.”). Accord Dietz v.
Bouldin, 136 S. Ct. 1885, 1892-93 (2016) (“This Court has also held that district courts
have the inherent authority to manage their dockets and courtrooms with a view toward the
efficient and expedient resolution of cases.” (citing Landis, 299 U.S. at 254)).
4. The Court should stay further district court proceedings pending the new administration’s
review of this litigation and the rule being challenged because that review may result in
changes that render it unnecessary for the court to resolve the jurisdictional and merits
issues presented in this case or, at the very least, narrow those issues significantly.
Moreover, neither party nor the public would be prejudiced by a stay.
5. The federal government proposes that the parties file a joint status report no later than May
14, 2021, apprising the Court of the status of the matter and submitting a proposal for
further proceedings. Section 2(d) of the aforementioned Executive Order requires agency
heads, by April 30, 2021, to develop a plan to carry out actions the agency identifies as
appropriate. May 14, 2021 would provide the parties two weeks to confer after that date.
Plaintiffs do not oppose Defendants’ proposal.
CONCLUSION
For the foregoing reasons, the Court should stay proceedings in this case. Defendants
propose that the parties jointly file a status report by no later than May 14, 2021, apprising the
Court of the status of the matter and submitting a proposal for further proceedings.
2
Dated: February 10, 2021 Respectfully submitted,

BRIAN M. BOYNTON
Acting Assistant Attorney General
MICHELLE R. BENNETT
Assistant Director, Federal Programs Branch
/s/ Liam C. Holland

LIAM C. HOLLAND
Trial Attorney
U.S. Department of Justice
Civil Division, Federal Programs Branch
P.O. Box No. 883
Washington, D.C. 20009
(202) 514-4964
[email protected]
Counsel for Defendants

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Case 1:20-cv-05583-AKH Document 139 Filed 02/10/21 Page 1 of 3

UNITED STATES DISTRICT COURT

STATE OF NEW YORK, et al., )

UNOPPOSED MOTION FOR A STAY OF PROCEEDINGS

Sexual Orientation. This motion is unopposed.

entitled Nondiscrimination in Health and Health Education Programs or Activities, 85 Fed.

Moreover, neither party nor the public would be prejudiced by a stay.

Plaintiffs do not oppose Defendants’ proposal.

Dated: February 10, 2021 Respectfully submitted,

/s/ Liam C. Holland

Counsel for Defendants

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