MEDINATURA v. FOOD AND DRUG ADMINISTRATION et al
| MEDINATURA and MEDINATURA, INC. |
| ALEX AZAR, DEPARTMENT OF HEALTH AND HUMAN SERVICES, FOOD AND DRUG ADMINISTRATION, STEPHEN HAHN and ALEX M. AZAR, II |
| AMERICAN INSTITUTE OF HOMEOPATHY, CHUCK LITTLE, AMERICANS FOR HOMEOPATHY CHOICE FOUNDATION and AMERICAN ASSOCIATION OF HOMEOPATHIC PHARMACISTS |
| 1:2020cv02066 |
| July 29, 2020 |
| US District Court for the District of Columbia |
| Randolph D Moss |
| Administrative Procedure Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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| Filing 26 TRANSCRIPT OF MOTION HEARING before Judge Randolph D. Moss held on 09/03/2020. Page Numbers: 1-76. Date of Issuance: 09/21/2020. Court Reporter: Sara Wick, telephone number 202-354-3284. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. Aft er 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 10/12/2020. Redacted Transcript Deadline set for 10/22/2020. Release of Transcript Restriction set for 12/20/2020.(Wick, Sara) |
| Filing 25 NOTICE (AMENDED) by MEDINATURA, INC. (Attachments: #1 Declaration of Cliff Clive)(Scherr, Jason) |
| NOTICE OF ERROR re #24 Notice (Other); emailed to jr.scherr@morganlewis.com, cc'd 11 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. ENTERED IN ERROR; Incorrect format (letter); Please refile in pleading format in accordance with Local Rules. (znmw, ) |
| Filing 24 ENTERED IN ERROR.....NOTICE by MEDINATURA, INC. (Attachments: #1 Declaration of Cliff Clive)(Scherr, Jason) Modified on 9/9/2020 (znmw). |
ENTERED IN ERROR.....MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 46 , it is hereby ORDERED that further proceedings in this case are STAYED. It is further ORDERED that Defendants shall promptly file a status report notifying the Court if they purport to ratify or reissue the directives that the Court previously set aside; that Plaintiffs shall be permitted to file a motion, if necessary, related to Defendants' compliance with the Court's decision; and that the parties shall file a further joint status report on or before February 1, 2021. Signed by Judge Randolph D. Moss on 9/3/2020. (lcrdm2) Modified on 9/3/2020 entered in wrong case (kt).
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| Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Motion Hearing held on 9/3/2020 re: #5 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by MEDINATURA, INC., and #11 MOTION to Dismiss filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, FOOD AND DRUG ADMINISTRATION, STEPHEN HAHN, ALEX M. AZAR, II. Matters TAKEN UNDER ADVISEMENT. (Court Reporter: Sara Wick.) (kt) |
| Filing 23 REPLY to opposition to motion re #11 MOTION to Dismiss filed by ALEX M. AZAR, II, DEPARTMENT OF HEALTH AND HUMAN SERVICES, FOOD AND DRUG ADMINISTRATION, STEPHEN HAHN. (Gilchrist, Kathleen) |
| Filing 22 AMICUS BRIEF by AMERICAN ASSOCIATION OF HOMEOPATHIC PHARMACISTS. (znmw) |
| Filing 21 AMICUS BRIEF by AMERICAN INSTITUTE OF HOMEOPATHY. (ztd) |
| Filing 20 MOTION for Leave to File Amicus Brief by AMERICAN ASSOCIATION OF HOMEOPATHIC PHARMACISTS. (Attachments: #1 Text of Proposed Order, #2 Memorandum in Support)(Lorman, Alvin) Modified event title on 8/31/2020 (znmw). |
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MINUTE ORDER: Upon consideration of the American Institute of Homeopathy's motion for leave to file an amicus curiae brief, Dkt. #18 , it is hereby ORDERED that leave to file the amicus brief is GRANTED. Signed by Judge Randolph D. Moss on 8/28/2020. (lcrdm2)
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MINUTE ORDER: Upon consideration of the American Association of Homeopathic Pharmacists' motion for leave to file an amicus curiae brief, Dkt. #20 , it is hereby ORDERED that leave to file the amicus brief is GRANTED. Signed by Judge Randolph D. Moss on 8/28/20. (lcrdm2)
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| Filing 19 AMICUS BRIEF by CHUCK LITTLE. (ztd) (Main Document 19 replaced on 8/28/2020) (ztd). |
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MINUTE ORDER: Upon consideration of Chuck Little's motion for leave to file an amicus curiae brief, Dkt. #17 , it is hereby ORDERED that leave to file the amicus brief is granted. Signed by Judge Randolph D. Moss on 8/27/2020. (lcrdm2)
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| Filing 16 REPLY to opposition to motion re #5 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by MEDINATURA, INC.. (Attachments: #1 Exhibit EE)(Scherr, Jason) |
| Filing 15 Memorandum in opposition to re #11 MOTION to Dismiss filed by MEDINATURA, INC.. (Attachments: #1 Exhibit EE)(Scherr, Jason) |
| Filing 18 MOTION for Leave to File by AMERICAN INSTITUTE OF HOMEOPATHY (ztd) (Additional attachment(s) added on 8/27/2020: #1 Text of Proposed Order) (ztd). (Additional attachment(s) added on 8/27/2020: #2 Exhibit Amicus Brief) (ztd). |
| Filing 17 MOTION for Leave to File by CHUCK LITTLE (Attachments: #1 Text of Proposed Order, #2 Exhibit Amicus Brief)(ztd) (Attachment 2 replaced on 8/28/2020) (ztd). |
| Filing 14 AMICUS BRIEF by AMERICANS FOR HOMEOPATHY CHOICE FOUNDATION. (Attachment: #1 Supplement)(eg) |
| Filing 13 RESPONSE re #10 MOTION for Leave to File filed by ALEX M. AZAR, II, DEPARTMENT OF HEALTH AND HUMAN SERVICES, FOOD AND DRUG ADMINISTRATION, STEPHEN HAHN. (Gilchrist, Kathleen) |
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MINUTE ORDER: Upon consideration of Americans for Homeopathy Choice Foundation's motion for leave to file an amicus curiae brief, Dkt. #10 , and Defendants' opposition, Dkt. #13 , it is hereby ORDERED that leave to file the amicus brief is granted. The Court notes, however, that it will not consider any extra-record material submitted by amici in evaluating Plaintiff's Administrative Procedure Act claims. Signed by Judge Randolph D. Moss on 8/19/20. (lcrdm2)
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| Filing 12 RESPONSE re #5 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by ALEX M. AZAR, II, DEPARTMENT OF HEALTH AND HUMAN SERVICES, FOOD AND DRUG ADMINISTRATION, STEPHEN HAHN. (Attachments: #1 Declaration K. Gilchrist, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V)(Gilchrist, Kathleen) |
| Filing 11 MOTION to Dismiss by ALEX M. AZAR, II, DEPARTMENT OF HEALTH AND HUMAN SERVICES, FOOD AND DRUG ADMINISTRATION, STEPHEN HAHN (Attachments: #1 Memorandum in Support, #2 Declaration K. Gilchrist, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V, #25 Text of Proposed Order)(Gilchrist, Kathleen) |
| Filing 10 MOTION for Leave to File Amicus Brief by AMERICANS FOR HOMEOPATHY CHOICE FOUNDATION. (Attachments: #1 Text of Proposed Order, #2 Supplement Proposed Amicus Brief, #3 Supplement Attachments #1-#3 to Amicus Brief)(Turner, James). Modified event title on 8/18/2020 (znmw). |
| Filing 9 ENTERED IN ERROR. . . . . MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiff by AMERICANS FOR HOMEOPATHY CHOICE FOUNDATION (Attachments: #1 Text of Proposed Order)(Turner, James) Modified on 8/17/2020 (ztd). |
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MINUTE ORDER: In light of Americans for Homeopathy Choice Foundation's motion for leave to file an amicus curiae brief, Dkt. #10 , it is hereby ORDERED that Defendants shall file a notice on or before August 19, 2020, indicating whether they object to the motion. Signed by Judge Randolph D. Moss on 8/17/20. (lcrdm2)
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| NOTICE OF CORRECTED DOCKET ENTRY: re #9 MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiff was entered in error and counsel refiled said pleading as docket entry #10 . (ztd) |
| Filing 8 Joint MOTION for Briefing Schedule by MEDINATURA, INC. (Scherr, Jason) |
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MINUTE ORDER: In light of the parties' joint motion to amend the briefing schedule, Dkt. #8 , it is hereby ORDERED that the motion is GRANTED. The following schedule shall govern further proceedings in this case: Defendants shall file their opposition to Plaintiff's motion for preliminary injunction and their cross motion to dismiss on or before August 17, 2020; Plaintiff shall file its reply and cross opposition, if any, on or before August 26, 2020; Defendants shall file their final reply on or before August 31, 2020. It is further ordered that the motion hearing set for 10 a.m. on August 25, 2020, is hereby VACATED and RESCHEDULED for 2 p.m. on September 3, 2020. The parties shall appear telephonically using the same teleconference number and access code. Signed by Judge Randolph D. Moss on 8/14/20. (lcrdm2)
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| Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Status Conference held on 8/3/2020. Defendants' Opposition to the Motion for Preliminary Injunction and Cross Motion to Dismiss are due by 12:00 p.m. on 8/17/2020; Plaintiff's Reply and Cross Opposition, if any, are due by 4:00 p.m. on 8/21/2020; Defendants' Cross Reply, if any, due by 4:00 p.m. on 8/24/2020. A Telephonic Motion Hearing is set for 8/25/2020, at 10:00 AM, before Judge Randolph D. Moss. The parties shall use the same teleconference number and access code. (Court Reporter: Jeff Hook.) (kt) |
| Filing 6 NOTICE of Appearance by Kathleen Braun Gilchrist on behalf of All Defendants (Gilchrist, Kathleen) |
| Filing 5 MOTION for Preliminary Injunction by MEDINATURA, INC. (Attachments: #1 Memorandum in Support, #2 Declaration and Exhibits, #3 Text of Proposed Order)(Scherr, Jason). Added MOTION for Temporary Restraining Order on 8/3/2020 (ztd). |
| Filing 7 SEALED MOTION filed by MEDINATURA, INC.. (This document is SEALED and only available to authorized persons.)(ztd) |
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Filing 4
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 7/31/2020. (lcrdm2)
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| Filing 3 SUMMONS (6) Issued Electronically as to ALEX M. AZAR, II, DEPARTMENT OF HEALTH AND HUMAN SERVICES, FOOD AND DRUG ADMINISTRATION, STEPHEN HAHN, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, ) |
| Case assigned to Judge Randolph D. Moss. (zmc) |
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MINUTE ORDER: Upon consideration of Plaintiff's sealed motion for leave to file its motion for preliminary injunction and supporting memorandum under seal, Dkt. #2 , the motion is hereby GRANTED. It is further ORDERED that Plaintiff shall file a public version of the motion and supporting memorandum on the docket on or before August 5, 2020, which may redact confidential material. The parties are hereby ORDERED to appear for a telephonic status conference at 9:30 a.m. on Monday, August 3, 2020, to discuss a briefing schedule. Signed by Judge Randolph D. Moss on 7/31/2020. (lcrdm2)
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| Filing 2 SEALED MOTION filed by MEDINATURA, SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by MEDINATURA (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit)(Scherr, Jason) |
| Filing 1 COMPLAINT against MEDINATURA Food and Drug Administration, Department of Health and Human Services, Stephen M. Hahn, and Alex Azar ( Filing fee $ 400 receipt number ADCDC-7401901) filed by MEDINATURA. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons)(Scherr, Jason) |
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