Berenson v. Trump
| ALEX BERENSON |
| DONALD TRUMP, President of the United States, in his official capacity, ANDREW M. SLAVITT, Senior Advisor to the COVID-19 Response Coordinator, in his official capacity, ROBERT FLAHERTY, Director of Digital Strategy at the White House, in his official capacity, VIVEK H. MURTHY, Surgeon General of the United States, in his official capacity, UNITED STATES OF AMERICA, SCOTT GOTTLIEB, M.D., former FDA Commissioner and member of the Board of Directors of Pfizer, Inc. and ALBERT BOURLA, Ph.D., D.V.M. Chief Executive Officer of Pfizer, Inc., |
| 25-2709 |
| October 28, 2025 |
| U.S. Court of Appeals, Second Circuit |
| CIVIL RIGHTS-Other |
Docket Report
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This docket was last retrieved on March 17, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 69 CAPTION, appellee Andrew M. Slavitt designation has been changed to defendant, AMENDED. [Entered: 03/17/2026 11:22 AM] |
| Filing 68 Appellee Andrew Slavitt, TERMINATED. [Entered: 03/10/2026 05:42 PM] |
| Filing 67 CERTIFIED ORDER, dated 03/10/2026, to SDNY (New York), ISSUED. [Entered: 03/10/2026 05:40 PM] |
| Filing 66 SO-ORDERED NON-DISPOSITIVE STIPULATION, dismissing this appeal as to Appellee Andrew Slavitt. The appeal will proceed with respect to the remainint Appellees, FILED. [Entered: 03/10/2026 04:26 PM] |
| Filing 65 NEW CASE MANAGER, Elizabeth Munoz, ASSIGNED. [Entered: 03/10/2026 12:39 PM] |
| Filing 64 SO-ORDERED SCHEDULING NOTIFICATION, setting Appellees Donald Trump, United States of America's Brief due date as 05/11/2026, FILED. [Entered: 03/09/2026 02:23 PM] |
| Filing 63 SO-ORDERED SCHEDULING NOTIFICATION, setting Appellee Robert Flaherty's Brief due date as 05/11/2026, FILED. [Entered: 03/09/2026 02:05 PM] |
| Filing 62 SO-ORDERED SCHEDULING NOTIFICATION, setting Appellees Albert Bourla, Scott Gottlieb, Brief due date as 05/11/2026, FILED. [Entered: 03/09/2026 01:54 PM] [Edited: 03/09/2026 02:09 PM] |
| Filing 61 CAPTION, Appellees Scott Gottlieb and Albert Bourla added, AMENDED. [Entered: 03/09/2026 11:52 AM] |
| Filing 60 SO-ORDERED SCHEDULING NOTIFICATION, setting Appellee Vivek H. Murthy's Brief due date as 05/11/2026, FILED. [Entered: 03/06/2026 04:18 PM] |
| Filing 59 CURED DEFECTIVE DOCUMENT, Non-dispositive stipulation, at entry 58, on behalf of Appellant Alex Berenson, FILED. [Entered: 03/05/2026 05:05 PM] |
| Filing 58 NON-DISPOSITIVE STIPULATION, re: Stipulated Dismissal Agreement claims against Mr. Slavitt, RECEIVED. Service date 03/04/2026 by ACMS. [Entered: 03/04/2026 10:37 AM] [Edited: 03/05/2026 04:49 PM] |
| Filing 57 DEFECTIVE DOCUMENT, FRAP 42(b) stipulation with prejudice, at docket entry 56, on behalf of Appellant Alex Berenson, FILED. [Entered: 03/03/2026 05:37 PM] |
| Filing 56 FRAP 42 STIPULATION, With Prejudice, RECEIVED. Service date 03/02/2026 by ACMS. [Entered: 03/02/2026 01:51 PM] |
| Filing 55 DEFECTIVE DOCUMENT, FRAP 42(b) stipulation with prejudice, at docket entries 40, 46, on behalf of Appellant Alex Berenson, FILED. [Entered: 02/27/2026 10:57 AM] [Edited: 02/27/2026 11:05 AM] |
| Filing 54 ATTORNEY, Luca Marzorati for Appellee Albert Bourla, Appellee Scott Gottlieb, ADDED. [Entered: 02/26/2026 11:38 AM] |
| Filing 53 ATTORNEY, David Brendan Toscano for Appellee Albert Bourla, Appellee Scott Gottlieb, ADDED. [Entered: 02/26/2026 11:30 AM] |
| Filing 52 LR 31.2 SCHEDULING NOTIFICATION, on behalf of Appellee Donald Trump, Appellee United States of America, informing Court of proposed due date 05/11/2026, RECEIVED. Service date 02/24/2026 by ACMS. [Entered: 02/24/2026 08:53 PM] |
| Filing 51 ATTORNEY, Alyssa O'Gallagher for Appellee Donald Trump, Appellee Vivek H. Murthy, Appellee United States of America, ADDED. [Entered: 02/24/2026 05:29 PM] |
| Filing 50 NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL/ADDITIONAL COUNSEL, on behalf of Donald Trump, United States of America, FILED. [Entered: 02/23/2026 04:39 PM] |
| Filing 49 NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL/ADDITIONAL COUNSEL, on behalf of Albert Bourla, Scott Gottlieb, FILED. [Entered: 02/20/2026 03:52 PM] |
| Filing 48 NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL/ADDITIONAL COUNSEL, on behalf of Albert Bourla, Scott Gottlieb, FILED. [Entered: 02/20/2026 03:45 PM] |
| Filing 47 LR 31.2 SCHEDULING NOTIFICATION, on behalf of Appellee Robert Flaherty, informing Court of proposed due date 05/11/2026, RECEIVED. Service date 02/19/2026 by ACMS. [Entered: 02/19/2026 07:57 PM] |
| Filing 46 FRAP 42 STIPULATION, With Prejudice, RECEIVED. Service date 02/19/2026 by ACMS. [Entered: 02/19/2026 07:18 PM] |
| Filing 45 LR 31.2 SCHEDULING NOTIFICATION, on behalf of Appellee Scott Gottlieb, Appellee Albert Bourla, informing Court of proposed due date 05/11/2026, RECEIVED. Service date 02/19/2026 by ACMS. [Entered: 02/19/2026 01:14 PM] |
| Filing 44 LR 31.2 SCHEDULING NOTIFICATION, on behalf of Appellee Vivek H. Murthy, informing Court of proposed due date 05/11/2026, RECEIVED. Service date 02/19/2026 by ACMS. [Entered: 02/19/2026 11:40 AM] |
| Filing 43 DEFECTIVE DOCUMENT, FRAP 42(b) stipulation with prejudice, at docket entry 42, on behalf of Appellee Andrew M. Slavitt, FILED. [Entered: 02/18/2026 05:29 PM] |
| Filing 42 FRAP 42 STIPULATION, With Prejudice, RECEIVED. Service date 02/18/2026 by ACMS. [Entered: 02/18/2026 03:01 PM] |
| Filing 41 CURED DEFECTIVE DOCUMENT, Brief & Special Appendix, at entry 39, on behalf of Appellant Alex Berenson, FILED. [Entered: 02/18/2026 10:34 AM] |
| Filing 40 FRAP 42 STIPULATION, With Prejudice, RECEIVED. Service date 02/12/2026 by ACMS. [Entered: 02/12/2026 12:53 PM] |
| Filing 39 BRIEF & SPECIAL APPENDIX, on behalf of Appellant Alex Berenson, FILED. Service date 02/11/2026 by ACMS. [Entered: 02/11/2026 04:42 PM] |
| Filing 38 DEFECTIVE DOCUMENT, Brief & Special Appendix, at docket entry 34, on behalf of Appellant Alex Berenson, FILED. [Entered: 02/11/2026 04:11 PM] |
| Filing 37 APPENDIX, volume 3 of 3, (pp. A-488 - A-555), on behalf of Appellant Alex Berenson, FILED. Service date 02/09/2026 by ACMS. [Entered: 02/09/2026 07:08 PM] |
| Filing 36 APPENDIX, volume 2 of 3, (pp. A-255 - A-487), on behalf of Appellant Alex Berenson, FILED. Service date 02/09/2026 by ACMS. [Entered: 02/09/2026 07:04 PM] |
| Filing 35 APPENDIX, volume 1 of 3, (pp. A-1 - A-254), on behalf of Appellant Alex Berenson, FILED. Service date 02/09/2026 by ACMS. [Entered: 02/09/2026 07:00 PM] |
| Filing 34 BRIEF & SPECIAL APPENDIX, on behalf of Appellant Alex Berenson, FILED. Service date 02/09/2026 by ACMS. [Entered: 02/09/2026 06:52 PM] |
| Filing 33 ATTORNEY, Alison H. Hung, for Appellee Vivek H. Murthy, ADDED. [Entered: 01/30/2026 08:11 PM] |
| Filing 32 NEW CASE MANAGER, Connie Mazariego, ASSIGNED. [Entered: 01/30/2026 07:54 PM] |
| Filing 31 NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL/ADDITIONAL COUNSEL, on behalf of Vivek H. Murthy, FILED. [Entered: 01/28/2026 11:07 AM] |
| Filing 30 ATTORNEY, James M. Gross for Appellee Robert Flaherty, ADDED. [Entered: 12/17/2025 04:17 PM] |
| Filing 29 ATTORNEY, Lydia B. Cash for Appellee Vivek H. Murthy, ADDED. [Entered: 12/15/2025 02:03 PM] |
| Filing 28 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee Donald Trump, Appellee United States of America, FILED. Service date 12/12/2025 by ACMS. [Entered: 12/12/2025 06:04 PM] |
| Filing 27 ATTORNEY, Daralyn J. Durie for Appellee Vivek H. Murthy, ADDED. [Entered: 12/11/2025 07:48 PM] |
| Filing 26 NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL/ADDITIONAL COUNSEL, on behalf of Robert Flaherty, FILED. [Entered: 12/10/2025 09:15 AM] |
| Filing 25 NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL/ADDITIONAL COUNSEL, on behalf of Vivek H. Murthy, FILED. [Entered: 12/08/2025 07:23 PM] |
| Filing 24 NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL/ADDITIONAL COUNSEL, on behalf of Vivek H. Murthy, FILED. [Entered: 12/08/2025 07:15 PM] |
| Filing 23 AMENDED SO-ORDERED SCHEDULING NOTIFICATION, setting Appellant Alex Berenson, Brief due 02/09/2026, FILED. [Entered: 12/03/2025 10:37 AM] |
| Filing 22 ATTORNEY, Benjamin H. Torrance for Appellee Donald Trump, Appellee Robert Flaherty, Appellee United States of America, ADDED. [Entered: 12/03/2025 10:21 AM] |
| Filing 21 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee Vivek H. Murthy, FILED. Service date 12/02/2025 by ACMS. [Entered: 12/02/2025 05:30 PM] |
| Filing 20 ATTORNEY, Joseph R. Palmore, in place of attorney Benjamin H. Torrance, SUBSTITUTED. [Entered: 12/02/2025 05:10 PM] |
| Filing 19 NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL/ADDITIONAL COUNSEL, on behalf of Vivek H. Murthy, FILED. [Entered: 12/01/2025 05:38 PM] |
| Filing 18 NEW CASE MANAGER, Elizabeth Munoz, ASSIGNED. [Entered: 11/26/2025 06:19 PM] |
| Filing 17 SO-ORDERED SCHEDULING NOTIFICATION, setting Appellant Alex Berenson, Brief due date as 02/09/2026, FILED. [Entered: 11/26/2025 05:43 PM] [Edited: 11/26/2025 06:23 PM] |
| Filing 16 ATTORNEY, Michael Stuart Scheinkman for Appellee Albert Bourla, Appellee Scott Gottlieb, ADDED. [Entered: 11/26/2025 05:28 PM] |
| Filing 15 NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL/ADDITIONAL COUNSEL, on behalf of Albert Bourla, Scott Gottlieb, FILED. [Entered: 11/24/2025 08:12 PM] |
| Filing 14 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee Scott Gottlieb, Appellee Albert Bourla, FILED. Service date 11/24/2025 by ACMS. [Entered: 11/24/2025 08:04 PM] |
| Filing 13 CAPTION, Appellees Scott Gottlieb and Albert Bourla added, AMENDED. [Entered: 11/21/2025 04:59 PM] |
| Filing 12 ATTORNEY, James P. Rouhandeh for Appellee Scott Gottlieb, Appellee Albert Bourla, ADDED. [Entered: 11/21/2025 04:53 PM] |
| Filing 11 LR 31.2 SCHEDULING NOTIFICATION, on behalf of Appellant Alex Berenson, informing Court of proposed due date 02/09/2026, RECEIVED. Service date 11/21/2025 by ACMS. [Entered: 11/21/2025 02:33 PM] |
| Filing 9 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellant Alex Berenson, FILED. Service date 11/10/2025 by ACMS. [Entered: 11/10/2025 12:36 PM] |
| Filing 7 FORM C, on behalf of Appellant Alex Berenson, FILED. Service date 11/10/2025 by ACMS. [Entered: 11/10/2025 12:00 PM] |
| Filing 6 FORM D, on behalf of Appellant Alex Berenson, FILED. Service date 11/10/2025 by ACMS. [Entered: 11/10/2025 11:59 AM] |
| Filing 10 ELECTRONIC INDEX, in lieu of record, FILED. [Entered: 11/10/2025 01:21 PM] |
| Filing 5 CIVIL APPEAL, on behalf of Appellant Alex Berenson, OPENED. [Entered: 10/28/2025 11:19 AM] |
| Filing 8 PAYMENT OF DOCKETING FEE, on behalf of Appellant Alex Berenson, district court receipt # ANYSDC-31905532, FILED. [Entered: 11/10/2025 12:26 PM] |
| Filing 4 DISTRICT COURT JUDGMENT, dated 09/30/2025, RECEIVED. [Entered: 10/28/2025 11:08 AM] |
| Filing 3 DISTRICT COURT OPINION AND ORDER, dated 09/29/2025, RECEIVED. [Entered: 10/28/2025 10:52 AM] |
| Filing 2 DISTRICT COURT OPINION AND ORDER, dated 07/14/2025, RECEIVED. [Entered: 10/28/2025 10:48 AM] |
| Filing 1 NOTICE OF CIVIL APPEAL, with district court docket, on behalf of Appellant Alex Berenson, FILED. [Entered: 10/28/2025 10:43 AM] |
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| Plaintiff: ALEX BERENSON | |
| Represented By: | James R. Lawrence, III |
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| Defendant: DONALD TRUMP, President of the United States, in his official capacity | |
| Represented By: | Benjamin H. Torrance |
| Represented By: | Alyssa O'Gallagher |
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| Defendant: ANDREW M. SLAVITT, Senior Advisor to the COVID-19 Response Coordinator, in his official capacity | |
| Represented By: | Theodore J. Boutrous, Jr |
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| Defendant: ROBERT FLAHERTY, Director of Digital Strategy at the White House, in his official capacity | |
| Represented By: | Benjamin H. Torrance |
| Represented By: | James M. Gross |
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| Defendant: VIVEK H. MURTHY, Surgeon General of the United States, in his official capacity | |
| Represented By: | Benjamin H. Torrance |
| Represented By: | Joseph R. Palmore |
| Represented By: | Daralyn J. Durie |
| Represented By: | Lydia B. Cash |
| Represented By: | Alison H. Hung |
| Represented By: | Alyssa O'Gallagher |
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| Defendant: UNITED STATES OF AMERICA | |
| Represented By: | Benjamin H. Torrance |
| Represented By: | Alyssa O'Gallagher |
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| Defendant: SCOTT GOTTLIEB, M.D., former FDA Commissioner and member of the Board of Directors of Pfizer, Inc. | |
| Represented By: | Michael Stuart Scheinkman |
| Represented By: | James P. Rouhandeh |
| Represented By: | Luca Marzorati |
| Represented By: | David Brendan Toscano |
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| Defendant: ALBERT BOURLA, Ph.D., D.V.M. Chief Executive Officer of Pfizer, Inc., | |
| Represented By: | Michael Stuart Scheinkman |
| Represented By: | James P. Rouhandeh |
| Represented By: | Luca Marzorati |
| Represented By: | David Brendan Toscano |
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