Nested Bean, Inc. v. United States Consumer Product Safety Commission et al
| Nested Bean, Inc. |
| United States Consumer Product Safety Commission, Peter A. Feldman, Richard L. Trumka, Jr., Alexander Hoehn-Saric, Douglas Dziak, Mary T. Boyle, Department of Health and Human Services, Robert F. Kennedy, Jr., Centers for Disease Control and Prevention, Susan Monarez, National Institutes of Health, Jay Bhattacharya, United States Attorney General and U.S. Attorney for the District of Delaware |
| 1:2025cv00389 |
| March 28, 2025 |
| U.S. District Court for the District of Delaware |
| Richard G Andrews |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on September 17, 2025. A more recent docket listing may be available from PACER.
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| Filing 29 Unopposed Motion for Extension of Time to Respond to Motion to Dismiss - filed by Nested Bean, Inc.. (Green, William) Modified on 9/17/2025 (nms). |
SO ORDERED, re #29 Unopposed Motion for Extension of Time to Respond to Motion to Dismiss (*Reset Briefing Schedule: re #26 MOTION to Dismiss. Answering Brief due 10/20/2025). Signed by Judge Richard G. Andrews on 9/17/2025. (nms)
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Filing 28
ORDER: The Motion for Leave to File Excess Pages (D.I. #24 ) is GRANTED. Signed by Judge Richard G. Andrews on 9/8/2025. (nms)
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| Filing 27 OPENING BRIEF in Support re #26 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction and Failure to State a Claim, filed by Jay Bhattacharya, Mary T. Boyle, Centers for Disease Control and Prevention, Department of Health and Human Services, Douglas Dziak, Peter A. Feldman, Alexander Hoehn-Saric, Robert F. Kennedy, Jr, Susan Monarez, National Institutes of Health, Richard L. Trumka, Jr, United States Consumer Product Safety Commission. Answering Brief/Response due date per Local Rules is 9/19/2025. (Belfer, Isaac) Modified on 9/5/2025 (nms). |
| CORRECTING ENTRY: The brief filed as an attachment to the motion at D.I. #26 has been removed from that filing. Motions and briefs are to be filed independent of each other. Defendants shall refile their Memorandum in Support accordingly. (nms) |
| Filing 26 MOTION to Dismiss for Lack of Subject-Matter Jurisdiction and Failure to State a Claim - filed by Jay Bhattacharya, Mary T. Boyle, Centers for Disease Control and Prevention, Department of Health and Human Services, Douglas Dziak, Peter A. Feldman, Alexander Hoehn-Saric, Robert F. Kennedy, Jr, Susan Monarez, National Institutes of Health, Richard L. Trumka, Jr, United States Consumer Product Safety Commission. (Attachments: #2 Proposed Order)(Belfer, Isaac) Modified on 9/5/2025 (nms). |
| Filing 25 NOTICE of Appearance by Claudia L. Pare on behalf of All Defendants (Pare, Claudia) |
| Filing 24 MOTION for Leave to File Excess Pages - filed by Jay Bhattacharya, Mary T. Boyle, Centers for Disease Control and Prevention, Department of Health and Human Services, Douglas Dziak, Peter A. Feldman, Alexander Hoehn-Saric, Robert F. Kennedy, Jr, Susan Monarez, National Institutes of Health, Richard L. Trumka, Jr, United States Consumer Product Safety Commission. (Attachments: #1 Text of Proposed Order)(Hixson, David) |
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SO ORDERED, re #23 Unopposed Motion for Extension of Time to Respond to Complaint Reset Answer Deadlines: Jay Bhattacharya answer due 9/4/2025; Mary T. Boyle answer due 9/4/2025; Centers for Disease Control and Prevention answer due 9/4/2025; Department of Health and Human Services answer due 9/4/2025; Douglas Dziak answer due 9/4/2025; Peter A. Feldman answer due 9/4/2025; Alexander Hoehn-Saric answer due 9/4/2025; Robert F. Kennedy, Jr answer due 9/4/2025; Susan Monarez answer due 9/4/2025; National Institutes of Health answer due 9/4/2025; Richard L. Trumka, Jr answer due 9/4/2025; United States Consumer Product Safety Commission answer due 9/4/2025). Ordered by Judge Richard G. Andrews on 7/30/2025. (nms)
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| Filing 23 Unopposed Motion for Extension of Time to Respond to Complaint - filed by Jay Bhattacharya, Mary T. Boyle, Centers for Disease Control and Prevention, Department of Health and Human Services, Douglas Dziak, Peter A. Feldman, Alexander Hoehn-Saric, Robert F. Kennedy, Jr, Susan Monarez, National Institutes of Health, Richard L. Trumka, Jr, United States Consumer Product Safety Commission. (Attachments: #1 Proposed Order)(Hixson, David) Modified on 7/30/2025 (nms). |
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SO ORDERED, re #22 Unopposed Motion for Extension of Time to Respond to Complaint (*Reset Answer Deadlines: Jay Bhattacharya answer due 8/5/2025; Mary T. Boyle answer due 8/5/2025; Centers for Disease Control and Prevention answer due 8/5/2025; Department of Health and Human Services answer due 8/5/2025; Douglas Dziak answer due 8/5/2025; Peter A. Feldman answer due 8/5/2025; Alexander Hoehn-Saric answer due 8/5/2025; Robert F. Kennedy, Jr answer due 8/5/2025; Susan Monarez answer due 8/5/2025; National Institutes of Health answer due 8/5/2025; Richard L. Trumka, Jr answer due 8/5/2025). Signed by Judge Richard G. Andrews on 6/9/2025. (nms)
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| Filing 22 Unopposed Motion for Extension of Time to Respond to Complaint - filed by Jay Bhattacharya, Mary T. Boyle, Centers for Disease Control and Prevention, Department of Health and Human Services, Douglas Dziak, Peter A. Feldman, Alexander Hoehn-Saric, Robert F. Kennedy, Jr, Susan Monarez, National Institutes of Health, Richard L. Trumka, Jr, United States Consumer Product Safety Commission. (Attachments: #1 Proposed Order)(Hixson, David) Modified on 6/7/2025 (nms). |
| Filing 21 NOTICE of Appearance by Isaac Belfer on behalf of Jay Bhattacharya, Mary T. Boyle, Centers for Disease Control and Prevention, Department of Health and Human Services, Douglas Dziak, Peter A. Feldman, Alexander Hoehn-Saric, Robert F. Kennedy, Jr, Susan Monarez, National Institutes of Health, Richard L. Trumka, Jr, United States Consumer Product Safety Commission (Belfer, Isaac) |
| Filing 20 NOTICE of Appearance by David Hixson on behalf of Jay Bhattacharya, Mary T. Boyle, Centers for Disease Control and Prevention, Department of Health and Human Services, Douglas Dziak, Peter A. Feldman, Alexander Hoehn-Saric, Robert F. Kennedy, Jr, Susan Monarez, National Institutes of Health, Richard L. Trumka, Jr, United States Consumer Product Safety Commission (Hixson, David) |
| Pro Hac Vice Attorney Loren A. Seehase for Nested Bean, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (cdd) |
| Filing 19 SUMMONS Returned Executed by Nested Bean, Inc..Richard L. Trumka, Jr served on 4/5/2025, answer due 4/28/2025. (Green, William) |
| Filing 18 SUMMONS Returned Executed by Nested Bean, Inc..Susan Monarez served on 4/8/2025, answer due 4/29/2025. (Green, William) |
| Filing 17 SUMMONS Returned Executed by Nested Bean, Inc..Robert F. Kennedy, Jr served on 4/9/2025, answer due 4/30/2025. (Green, William) |
| Filing 16 SUMMONS Returned Executed by Nested Bean, Inc..Alexander Hoehn-Saric served on 4/5/2025, answer due 4/28/2025. (Green, William) |
| Filing 15 SUMMONS Returned Executed by Nested Bean, Inc..Department of Health and Human Services served on 4/9/2025, answer due 4/30/2025. (Green, William) |
| Filing 14 SUMMONS Returned Executed by Nested Bean, Inc..U.S. Attorney for the District of Delaware served on 4/11/2025, answer due 5/2/2025. (Green, William) |
| Filing 13 SUMMONS Returned Executed by Nested Bean, Inc..Peter A. Feldman served on 4/5/2025, answer due 4/28/2025. (Green, William) |
| Filing 12 SUMMONS Returned Executed by Nested Bean, Inc..Douglas Dziak served on 4/5/2025, answer due 4/28/2025. (Green, William) |
| Filing 11 SUMMONS Returned Executed by Nested Bean, Inc..United States Consumer Product Safety Commission served on 4/5/2025, answer due 4/28/2025. (Green, William) |
| Filing 10 SUMMONS Returned Executed by Nested Bean, Inc..Centers for Disease Control and Prevention served on 4/8/2025, answer due 4/29/2025. (Green, William) |
| Filing 9 SUMMONS Returned Executed by Nested Bean, Inc..Mary T. Boyle served on 4/5/2025, answer due 4/28/2025. (Green, William) |
| Filing 8 SUMMONS Returned Executed by Nested Bean, Inc..United States Attorney General served on 4/9/2025, answer due 4/30/2025. (Green, William) |
| Pro Hac Vice Attorney Bridget Conlan for Nested Bean, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (scs) |
| Filing 7 Pro Hac Vice Fee - Credit Card Payment received for Loren Seehase, Esq. and Bridget Conlon, Esq.. ( re #5 MOTION for Pro Hac Vice Appearance of Attorney Loren Seehase, Esq., #6 MOTION for Pro Hac Vice Appearance of Attorney Bridget Conlon, Esq. )( Payment of $ 100, receipt number ADEDC-4655979).(Green, William) |
| Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Bridget Conlon, Esq. - filed by Nested Bean, Inc.. (Green, William) |
| Filing 5 MOTION for Pro Hac Vice Appearance of Attorney Loren Seehase, Esq. - filed by Nested Bean, Inc.. (Green, William) |
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SO ORDERED, re #5 MOTION for Pro Hac Vice Appearance of Attorney Loren Seehase, Esq. filed by Nested Bean, Inc., #6 MOTION for Pro Hac Vice Appearance of Attorney Bridget Conlon, Esq. filed by Nested Bean, Inc.. Signed by Judge Richard G. Andrews on 4/7/2025. (aas)
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| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) |
| CORRECTING ENTRY: The documents in D.I. #4 were replaced to include the second page of each document. (scs) |
| Filing 4 Summons Issued as to Jay Bhattacharya on 3/28/2025; Mary T. Boyle on 3/28/2025; Centers for Disease Control and Prevention on 3/28/2025; Department of Health and Human Services on 3/28/2025; Douglas Dziak on 3/28/2025; Peter A. Feldman on 3/28/2025; Alexander Hoehn-Saric on 3/28/2025; Robert F. Kennedy, Jr on 3/28/2025; Susan Monarez on 3/28/2025; National Institutes of Health on 3/28/2025; Richard L. Trumka, Jr on 3/28/2025; United States Consumer Product Safety Commission on 3/28/2025. (Attachments: #1 Summons Issued, #2 Summons Issued, #3 Summons Issued, #4 Summons Issued, #5 Summons Issued, #6 Summons Issued, #7 Summons Issued, #8 Summons Issued, #9 Summons Issued, #10 Summons Issued, #11 Summons Issued, #12 Summons Issued, #13 Summons Issued). Modified on 3/31/2025 (scs). |
| Filing 3 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Nested Bean, Inc.. (scs) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (scs) |
| Filing 1 COMPLAINT against Jay Bhattacharya, Mary T. Boyle, Centers for Disease Control and Prevention, Department of Health and Human Services, Douglas Dziak, Peter A. Feldman, Alexander Hoehn-Saric, Robert F. Kennedy, Jr, Susan Monarez, National Institutes of Health, Richard L. Trumka, Jr, United States Consumer Product Safety Commission (Filing fee $ 405, receipt number ADEDC-4648698) - filed by Nested Bean, Inc.. (Attachments: #1 Civil Cover Sheet)(scs) |
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