Tomlinson v. Azar
Plaintiff: Robert J. Tomlinson
Defendant: ALEX M. AZAR, II
Case Number: 5:2019cv05114
Filed: June 20, 2019
Court: US District Court for the Western District of Arkansas
Presiding Judge: Timothy L Brooks
Referring Judge: P K Holmes
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 42:2005
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 9, 2019 Filing 22 ADMINISTRATIVE SCHEDULING ORDER setting deadlines: Stipulated Record due by August 23, 2019. Signed by Honorable P. K. Holmes III on July 9, 2019. (jas)
July 9, 2019 Filing 21 ANSWER to #1 Complaint,, by Alex M. Azar, II.(Webb, Mark)
July 1, 2019 Filing 20 TEXT ONLY ORDER granting #19 Motion to Appear Pro Hac Vice. Robert Liles appearing for plaintiff. The requirement to designate local counsel pursuant to Local Rule 83.5(d) is waived for the limited purposes of this pending litigation. Signed by Honorable P. K. Holmes III on July 1, 2019. (jas)
June 28, 2019 Filing 19 MOTION for Attorney Robert Liles to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-1939278) by Robert J. Tomlinson. (Liles, Robert)
June 27, 2019 Filing 18 TEXT ONLY ORDER granting #17 Motion to Appear Pro Hac Vice. Paul S. Weidenfeld appearing for Robert J. Tomlinson, M.D. The requirement to designate local counsel pursuant to Local Rule 83.5(d) is waived for the limited purposes of this pending litigation. Signed by Honorable P. K. Holmes III on June 27, 2019. (jas)
June 27, 2019 Filing 17 MOTION for Attorney Paul S. Weidenfeld to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-1938089) by Robert J. Tomlinson. (Weidenfeld, Paul)
June 25, 2019 TEXT ONLY CLERK'S NOTICE: The following attorney listed on Complaint, #1 is not registered for CM/ECF noticing and filing in the Western District of Arkansas:Robert W. Liles. An attorney can register through PACER for a CM/ECF login and password if they are admitted to practice in the U.S. District Courts for the Eastern and Western Districts of Arkansas or are admitted pro hac vice for this case. Any non-registered attorney should submit the proper attorney admission petition or file an appropriate motion. Please refer to our website http://www.arwd.uscourts.gov/attorney-information for further information. (src)
June 25, 2019 Filing 16 TEXT ONLY ORDER: The deadline for Defendant to answer the complaint is extended to July 9, 2019. Signed by Honorable P. K. Holmes III on June 25, 2019. (rab)
June 24, 2019 Filing 15 TEXT ONLY ORDER granting #14 Motion to Substitute Attorney. Mark W. Webb is hereby substituted as counsel for Alex M. Azar, II, Secretary, U.S. Department of Health and Human Services. Attorney Jeremy S. Simon is hereby terminated, and the clerk of the court is directed to set notice to "no" in regard to Mr. Simon. Signed by Honorable P. K. Holmes III on June 24, 2019. (jas)
June 24, 2019 Filing 14 MOTION to Substitute Attorney by Alex M. Azar, II. (Webb, Mark)
June 24, 2019 Filing 13 TEXT ONLY MEMO OF REASSIGNMENT. Case reassigned to Honorable P. K. Holmes III. Honorable Timothy L. Brooks no longer assigned to the case. (slc)
June 20, 2019 Filing 12 Magistrate Notice/Consent Form. (tg)
June 20, 2019 Filing 11 Case transferred in from District of Columbia; Case Number 1:19-cv-00355. Docket sheet received.
June 20, 2019 Case transferred to the USDC for the Western District of Arkansas, pursuant to the Court Order entered 5/23/19. Sent to Court via Extraction. (ztd) [Transferred from dcd on 6/20/2019.]
May 23, 2019 Opinion or Order MINUTE ORDER: Upon consideration of the Joint Motion to Transfer, Dkt. 10, it is hereby ORDERED that the Motion is GRANTED. It is ORDERED that this action is transferred to the United States District Court for the Western District of Arkansas; and it is FURTHER ORDERED that Defendant's pending motion to dismiss, Dkt. 9, is hereby DENIED as moot. Signed by Judge Randolph D. Moss on 5/23/2019. (lcrdm2, ) [Transferred from dcd on 6/20/2019.]
May 22, 2019 Filing 10 Joint MOTION to Transfer Case by ALEX M. AZAR, II (Attachments: #1 Proposed Order)(Simon, Jeremy) [Transferred from dcd on 6/20/2019.]
May 21, 2019 Filing 9 MOTION to Dismiss for Improper Venue or, Alternatively, MOTION to Transfer Case by ALEX M. AZAR, II (Attachments: #1 Proposed Order)(Simon, Jeremy) [Transferred from dcd on 6/20/2019.] Modified on 6/20/2019 to terminate per MINUTE ORDER dated 5/23/2019(tg).
April 17, 2019 Set/Reset Deadlines: Defendant shall answer or otherwise respond to the complaint on or before 5/21/2019. (kt) [Transferred from dcd on 6/20/2019.]
April 17, 2019 Opinion or Order MINUTE ORDER: Upon consideration of Defendant's unopposed motion for extension of time, Dkt. 8, it is hereby ORDERED that the motion is GRANTED. Defendant shall answer or otherwise respond to the complaint on or before May 21, 2019. Signed by Judge Randolph D. Moss on 4/17/2019. (lcrdm2, ) [Transferred from dcd on 6/20/2019.]
April 16, 2019 Filing 8 Unopposed MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by ALEX M. AZAR, II (Attachments: #1 Proposed Order)(Simon, Jeremy) [Transferred from dcd on 6/20/2019.]
February 27, 2019 Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/21/2019. Answer due for ALL FEDERAL DEFENDANTS by 4/22/2019. (Attachments: #1 Exhibit Signed Certified Mail Card)(Liles, Robert) [Transferred from dcd on 6/20/2019.]
February 27, 2019 Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/21/2019. (Attachments: #1 Exhibit Signed Certified Mail Card)(Liles, Robert) [Transferred from dcd on 6/20/2019.]
February 27, 2019 Filing 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 2/22/2019 (Attachments: #1 Exhibit Signed Certified Mail Card)(Liles, Robert) [Transferred from dcd on 6/20/2019.]
February 13, 2019 Filing 4 ERRATA by ROBERT J. TOMLINSON. (Liles, Robert) [Transferred from dcd on 6/20/2019.]
February 13, 2019 Opinion or Order Filing 3 STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 2/13/2019. (lcrdm2, ) [Transferred from dcd on 6/20/2019.]
February 13, 2019 Filing 2 SUMMONS (3) Issued Electronically as to ALEX M. AZAR, II, U.S. Attorney and U.S. Attorney General. (Attachments: #1 Notice and Consent)(zef, ) [Transferred from dcd on 6/20/2019.]
February 13, 2019 Case Assigned to Judge Randolph D. Moss. (zef, ) [Transferred from dcd on 6/20/2019.]
February 12, 2019 Filing 1 COMPLAINT against ALEX M. AZAR, II ( Filing fee $ 400 receipt number 0090-5943088) filed by ROBERT J TOMLINSON, MD. (Attachments: #1 Civil Cover Sheet, #2 Summons Summons issued to Alex M. Azar, II - Secretary of the US Department of Health and Human Services, #3 Summons Summons issued to Matthew Whitaker - Acting Attorney General, #4 Summons Summons issued to Jessie K. Liu - US Attorney for the District of Columbia)(Liles, Robert) (Attachment 1 replaced on 2/13/2019) (zef, ). [Transferred from dcd on 6/20/2019.]

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Plaintiff: Robert J. Tomlinson
Represented By: Robert Walton Liles
Represented By: Paul Weidenfeld
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Defendant: ALEX M. AZAR, II
Represented By: Jeremy S. Simon
Represented By: Mark W. Webb
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