Texas, State of, et al v. United States Department of Health and Human Services, et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Mayo Pharmacy, Inc., a North Dakota
corporation,
Plaintiff,
vs.
Xavier Becerra, in his official capacity as
Secretary of Health and Human Services;
United States Department of Health and
Human Services; United States Department of
Health and Human Services Office for Civil
Rights,
Defendants.
Civil No.: 1:23-cv-00130
ORDER GRANTING UNOPPOSED MOTION
TO STAY DISTRICT COURT PROCEEDINGS
[¶1] 	THIS MATTER comes before the Court on an Unopposed Motion to Stay District Court
Proceedings filed by the Plaintiff, Mayo Pharmacy, Inc., (“Mayo Pharmacy”) on July 21, 2023.
Doc. No. 46. Mayo Pharmacy requests this case be stayed pending the outcome in the original case
of State of Texas v. United States Department of Health and Human Services, et al., No. 7:23-cv-
022-DC (W.D. Tex.), including any appeal taken in that matter. Id. The Texas Court ordered Mayo
Pharmacy’s Religious Freedom Restoration Act (“RFRA”) claims be transferred to the District of
North Dakota on July 12, 2023. Doc. No. 44. Mayo Pharmacy brought its RFRA claims against
the Defendants relating to the “guidance” that requires pharmacies to provide abortion-inducing
drugs as a prerequisite to receiving federal funding. See Doc. No. 14, p. 1. Mayo Pharmacy
requests this Court stay the proceeding until the Texas matter is resolved because the resolution
Mayo Pharmacy the claims in the Texas case may impact the RFRA claims here. Doc. No. 46-1,
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p. 3. In short, Mayo Pharmacy argues a stay will conserve judicial resources. Id. The Defendants
do not oppose the Motion. Doc. No. 46, p. 1.
[¶2] 	The Court has reviewed the record and agrees a stay is appropriate under the circumstances
because it will conserve judicial resources and ensure any expended resources are used with
efficiency. See Johnson v. N. Dakota Guar. & Title Co., No. 1:17-cv-120, 2018 WL 6706672, at
*2 (D.N.D. March 5, 2018) (“A district court has broad discretion to stay proceedings when
appropriate to control its docket, conserve judicial resources, and ensure the matter is handled with
economy of time and effort for itself, counsel and litigants.”).
[¶3] 	Accordingly, Mayo Pharmacy’s Unopposed Motion for Stay of District Court Proceedings
is GRANTED. This matter is STAYED pending the outcome, including appeals, in the Texas
case. The Parties are further ORDERED to file a status report to this Court every ninety (90) days
from the date of this Order until the Texas matter is resolved.
[¶4] 	IT IS SO ORDERED.
DATED July 24, 2023.
Daniel M. Traynor, District Judge
United States District Court
Case 1:23-cv-00130-DMT-CRH Document 47 Filed 07/24/23 Page 2 of 2