Higley, et al., v. CA State University et al
| Austin Myles Higley, Ryan D. Clark and Kyle J. Clark |
| Xavier Becerra, U.S. Department of Health and Human Services, Janet Woodcock, Joseph Castro, Gayle E. Hutchinson, National Institute of Allergies and Infectious Diseases, Center for Disease Control and Prevention, California State University, Anthony Fauci, Food and Drug Administration and National Institutes of Health |
| 2:2021cv01126 |
| June 24, 2021 |
| US District Court for the Eastern District of California |
| Troy L Nunley |
| Jeremy D Peterson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 19, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 8/19/2021: Pursuant to the Notice of Voluntary Dismissal (ECF No. #25 ) and FRCP 41(a)(1)(A)(i), this case is hereby DISMISSED without prejudice. CASE CLOSED. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 25 NOTICE of VOLUNTARY DISMISSAL by Kyle J. Clark, Ryan D. Clark, Austin Myles Higley. (Attachments: #1 Proof of Service CEMF)(Gibbons, Peter) |
Filing 24
STIPULATION and ORDER signed by District Judge Troy L. Nunley on 8/16/2021 ORDERING the deadline for Plaintiffs' Response to Federal Defendants' Motion to Dismiss is 8/26/2021; Deadline for Federal Defendants' Reply in Support of their Motion to Dismiss is 9/9/2021; Hearing on Federal Defendants' Motion to Dismiss is 9/16/2021. (Zignago, K.)
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| Filing 23 STIPULATION and PROPOSED ORDER for Extending Deadlines for Briefing and Continuing Hearing Date re #12 Motion to Dismiss by Xavier Becerra, Center for Disease Control and Prevention, Anthony Fauci, Food and Drug Administration, National Institute of Allergies and Infectious Diseases, National Institutes of Health, U.S. Department of Health and Human Services, Janet Woodcock. (Amgott, Jonathan) |
| Filing 22 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on August 11, 2021: The Court has reviewed Plaintiffs' Ex Parte Motion to Extend Time to Reply to Defendants' oppositions (ECF Nos. #10 , #11 ). (ECF No. #18 .) Pursuant to E.D. Cal. L.R. 144, the Court hereby GRANTS Plaintiffs' motion. Plaintiffs shall have until August 26, 2021 to file their reply to Defendants' oppositions. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 21 SEALED EVENT (Benson, A.) |
| Filing 20 SEALED EVENT (Benson, A.) |
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Filing 19
ORDER signed by District Judge Troy L. Nunley on 08/11/21 GRANTING CSU's Request to Seal. (Benson, A.)
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| Filing 18 MOTION for 14-DAY EXTENSION OF TIME to Reply to #10 Opposition to Motion, #11 Opposition to Motion by Kyle J. Clark, Ryan D. Clark, Austin Myles Higley. (Attachments: #1 Declaration, #2 Proof of Service)(Gibbons, Peter) Modified on 8/11/2021 (Kastilahn, A). |
| Filing 17 SEALED EVENT (Attachments: #1 Part 2, #2 Part 3) (Becknal, R) |
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Filing 16
ORDER signed by District Judge Troy L. Nunley on 8/10/2021 SEALING certain materials filed in support of the CSU Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction.(Becknal, R)
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| Filing 15 NOTICE of APPEARANCE by Maria Starn on behalf of California State University. Attorney Starn, Maria added. (Starn, Maria) |
| Filing 14 MOTION to DISMISS by California State University, Joseph Castro, Gayle E. Hutchinson. Motion Hearing set for 9/16/2021 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Memorandum of Points and Authorities, #2 Request for Judicial Notice, #3 Declaration of Warrington S. Parker, #4 Notice of Request to Seal, #5 Proposed Order)(Parker, Warrington) |
| Filing 13 NOTICE of APPEARANCE by David Hixson, GOVT on behalf of Xavier Becerra, Center for Disease Control and Prevention, Anthony Fauci, Food and Drug Administration, National Institute of Allergies and Infectious Diseases, National Institutes of Health, U.S. Department of Health and Human Services, Janet Woodcock. Attorney Hixson, David added. (Hixson, David) |
| Filing 12 MOTION to DISMISS by Xavier Becerra, et al. Motion Hearing set for 9/2/2021 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Memorandum)(Amgott, Jonathan) Modified on 8/6/2021 (Huang, H). |
| Filing 11 OPPOSITION to #5 Motion for Preliminary Injunction by Xavier Becerra, et al. Attorney Amgott, Jonathan added. (Amgott, Jonathan) Modified on 8/6/2021 (Huang, H). |
| Filing 10 OPPOSITION to #5 Motion for Preliminary Injunction by California State University, Joseph Castro, Gayle E. Hutchinson. (Attachments: #1 Notice of Request to Seal, #2 Objections to Declarations and Exhibits, #3 Declaration of Warrington S. Parker, #4 Declaration of Chancellor Dr. Joseph I. Castro, Ph.D., #5 Declaration of Shane Crotty, Ph.D., #6 Declaration of Carrie L. Byington, M.D., #7 Declaration of Harvey V. Fineberg, M.D., #8 Declaration of Walter A. Orenstein, M.D., D.Sc (Hon), #9 Proposed Order)(Parker, Warrington) Modified on 8/6/2021 (Huang, H). |
| Filing 9 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 8/5/2021: On the Court's own motion, Plaintiffs' Motion for Preliminary Injunction (ECF No. #5 ) is hereby SUBMITTED without oral argument. Accordingly, the hearing set for 8/19/2021 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. All briefing shall be filed in accordance with Local Rule 230(c) and (d), and the 8/19/2021 date. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 8 NOTICE of APPEARANCE by Kristin J. Madigan on behalf of California State University, Joseph Castro, Gayle E. Hutchinson. Attorney Madigan, Kristin J. added. (Madigan, Kristin) |
| Filing 7 NOTICE of APPEARANCE by Warrington S. Parker, III on behalf of California State University, Joseph Castro, Gayle E. Hutchinson. Attorney Parker, Warrington S. added. (Parker, Warrington) |
| Filing 6 SUMMONS RETURNED EXECUTED: All defendants served on 7/19/2021. (Gibbons, Peter) Modified on 7/21/2021 (Coll, A). |
| Filing 5 MOTION for PRELIMINARY INJUNCTION by Kyle J. Clark et al. Motion Hearing set for 8/19/2021 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Points and Authorities, #2 Exhibit, #3 Statement, #4 Supplement, #5 Proposed Order, #6 Certificate of Service)(Gibbons, Peter) Modified on 7/20/2021 (Coll, A). |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Mena-Sanchez, L) |
| Filing 3 SUMMONS ISSUED as to *California State University, Joseph Castro, Gayle E. Hutchinson* with answer to complaint due within *21* days. Attorney * Peter J. Gibbons* *Law Office of Gibbons & Associates* *1805 North Carson St. Suite E* *Carson City, NV 89701*. (Mena-Sanchez, L) |
| Filing 2 SUMMONS ISSUED as to *Xavier Becerra, Center for Disease Control and Prevention, Anthony Fauci, Food and Drug Administration, National Institute of Allergies and Infectious Diseases, National Institutes of Health, U.S. Department of Health and Human Services, Janet Woodcock* with answer to complaint due within *60* days. Attorney *Peter J. Gibbons* *Law Office of Gibbons & Associates* *1805 North Carson St. Suite E* *Carson City, NV 89701*. (Mena-Sanchez, L) |
| Filing 1 COMPLAINT against All Defendants by All Plaintiffs. Attorney Gibbons, Peter J. added. (Filing fee $ 402, receipt number 0972-9668620) (Attachments: #1 Declaration Austin M. Higley, #2 Declaration Kyle J. Clark, #3 Declaration Ryan D. Clark, #4 Exhibit 1, #5 Civil Cover Sheet)(Gibbons, Peter) |
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