Americans for Public Trust v. United States Department of Health and Human Services et al
| Americans for Public Trust |
| United States Department of Health and Human Services and Centers for Disease Control and Prevention |
| 1:2021cv02834 |
| July 15, 2021 |
| US District Court for the Northern District of Georgia |
| Eleanor L Ross |
| Freedom of Information Act |
| 05 U.S.C. § 0552 |
| None |
Docket Report
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This docket was last retrieved on September 10, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Americans for Public Trust. (Tyson, Bryan) |
| Filing 24 Minute Entry for proceedings held before Judge Eleanor L. Ross: Motion Hearing held on 9/1/2021 re #12 Emergency MOTION for Preliminary Injunction filed by Americans for Public Trust. Court called to order. Parties provided arguments. Court denied Plaintiff's motion for preliminary injunction. Court will prepare an order memorializing the ruling rendered during the hearing. Hearing concluded. (Court Reporter Elizabeth Cohn)(ceo) |
Filing 23
ORDER: On September 1, 2021, this Court held a hearing on Plaintiff Americans for Public Trusts Emergency Motion for Preliminary Injunction. #12 . Upon consideration and with the benefit of oral argument, for the reasons stated during the hearing, the Court finds that Plaintiff fails to establish it will suffer irreparable injury in the absence of its requested injunctive relief. This failure is fatal to Plaintiffs motion. Accordingly, the Court DENIES Plaintiffs Emergency Motion for Preliminary Injunction. #12 . Signed by Judge Eleanor L. Ross on 09/01/21. (ceo)
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| Submission of the #12 Emergency MOTION for Preliminary Injunction to District Judge Eleanor L. Ross. (aaq) |
| Filing 22 REPLY BRIEF re #12 Emergency MOTION for Preliminary Injunction filed by Americans for Public Trust. (Attachments: #1 Exhibit 1 - Defendants' Counsel's 8/22/21 email to Plaintiff's Counsel, #2 Exhibit 2 - 8/26/21 HHS Response Letter, #3 Exhibit 3 - 8/26/21 HHS Production, #4 Exhibit 4 - 2/12/21 CDC Operational Strategy for K-12 Schools, #5 Exhibit 5 - 8/5/21 CDC Guidance for COVID-19 Prevention in K-12 Schools)(Tyson, Bryan) |
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Filing 21
ORDER: (1) Each party shall have 30 minutes for oral argument; (2) Plaintiffs time for oral argument may be divided between argument and rebuttal, and Plaintiff may reserve up to 1 minute to respond to Defendants sur-rebuttal; (3) Defendants may reserve up to 2 minutes for sur-rebuttal. Signed by Judge Eleanor L. Ross on 08/25/21. (ceo)
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| Filing 20 RESPONSE re #13 Order (Joint) filed by Americans for Public Trust. (Attachments: #1 Text of Proposed Order)(Tyson, Bryan) Modified to edit text on 8/26/2021 (ceo). |
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Filing 19
ORDER granting the #17 Motion for Leave to File Excess Pages. Plaintiff may file a Reply to Defendants' Opposition to Plaintiff's Emergency Motion for Preliminary Injunction #12 with a maximum of twenty (20) pages. Signed by Judge Eleanor L. Ross on 08/25/21. (aaq)
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| Filing 18 RESPONSE in Opposition re #12 Emergency MOTION for Preliminary Injunction filed by Centers for Disease Control and Prevention, United States Department of Health and Human Services. (Attachments: #1 Affidavit Ex. 1 - CDC Declaration)(Treadwell, Trishanda) |
| Filing 17 Consent MOTION for Leave to File Excess Pages for Reply Brief by Americans for Public Trust. (Attachments: #1 Text of Proposed Order)(Tyson, Bryan) |
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Filing 16
ORDER granting #15 Motion for Leave to File Excess Pages. Defendant may file a Response in Opposition to Plaintiff's #12 Emergency Motion for Preliminary Injunction with a maximum of thirty (30) pages. Signed by Judge Eleanor L. Ross on 8/23/2021. (jpk)
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| Filing 15 Consent MOTION for Leave to File Excess Pages for Response Brief by Centers for Disease Control and Prevention, United States Department of Health and Human Services. (Treadwell, Trishanda) |
| Filing 14 ANSWER to #1 COMPLAINT by Centers for Disease Control and Prevention, United States Department of Health and Human Services. Discovery ends on 1/18/2022.(Treadwell, Trishanda) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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Filing 13
ORDER: The Court SCHEDULES a hearing on Plaintiff's #12 Motion for Preliminary Injunction for Wednesday, September 1, 2021 at 10:30 a.m., in Courtroom 1708, United States Courthouse, 75 Ted Turner Drive, S.W., Atlanta, GA, 30303. The Court DIRECTS the Parties to adhere to the following expedited briefing schedule on Plaintiff's motion: if Defendants intend to file a response to Plaintiff's motion, Defendants must do so by Tuesday, August 24, 2021, at 5:00 p.m. Plaintiff will then have until Friday, August 27, 2021, at 5:00 p.m. to file any reply. All filings must conform to the Local Rules of this Court. The Parties shall have until 5:00 p.m. on Monday, August 30, 2021, to submit any exhibits they intend to discuss in detail at the hearing. Finally, the Court DIRECTS the Parties to jointly submit-no later than Friday, August 27, 2021, at 5:00 p.m.-a proposed schedule for the hearing setting forth how much time is requested by each Party for oral argument. Signed by Judge Eleanor L. Ross on 8/16/2021. (jpk)
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| Filing 12 Emergency MOTION for Preliminary Injunction with Brief In Support by Americans for Public Trust. (Attachments: #1 Brief in Support of Emergency Motion for Preliminary Injunction, #2 Exhibit 1-Sutherland Declaration, #3 Exhibit 2, #4 Text of Proposed Order)(Torchinsky, Jason) |
| Filing 11 NOTICE Of Filing Proof of Service for the Attorney General of the United States, Merrick Garland by Americans for Public Trust (Tyson, Bryan) |
| Filing 10 NOTICE Of Filing Proof of Service for the U.S. Attorney for the Northern District of Georgia, Kurt R. Erskine by Americans for Public Trust (Tyson, Bryan) |
| Filing 9 Return of Service Executed by Americans for Public Trust. United States Department of Health and Human Services served on 7/23/2021, answer due 8/13/2021. (Tyson, Bryan) |
| Filing 8 Return of Service Executed by Americans for Public Trust. Centers for Disease Control and Prevention served on 7/22/2021, answer due 8/12/2021. (Tyson, Bryan) |
| APPROVAL by Clerks Office re: #7 APPLICATION for Admission of Kenneth Daines Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11122860).. Attorney Kenneth Daines added appearing on behalf of Americans for Public Trust (nmb) |
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MINUTE ORDER (by docket entry only) GRANTING #6 Application for Admission Pro Hac Vice of Jason Brett Torchinsky; and GRANTING #7 Application for Admission Pro Hac Vice of Kenneth Daines. Approved by District Judge Eleanor L. Ross on 7/27/21. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(mlb)
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| APPROVAL by Clerks Office re: #6 APPLICATION for Admission of Jason Brett Torchinsky Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11122858).. Attorney Jason Brett Torchinsky added appearing on behalf of Americans for Public Trust (nmb) |
| Clerk's Certificate of Mailing (via email) to Attorneys Jason B. Torchinsky and Kenneth Daines as to Americans for Public Trust re Order on Application for Admission PHV. (mlb) |
| Filing 7 APPLICATION for Admission of Kenneth Daines Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11122860).by Americans for Public Trust. (Tyson, Bryan) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 6 APPLICATION for Admission of Jason Brett Torchinsky Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11122858).by Americans for Public Trust. (Tyson, Bryan) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 5 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb) |
| Filing 4 Electronic Summons Issued as to Centers for Disease Control and Prevention. (eop) |
| Filing 3 Electronic Summons Issued as to United States Department of Health and Human Services. (eop) |
| Clerks Notation re #2 Certificate of Interested Persons/Corporate Disclosures of America for Public Trust. Read and approved by District Judge Eleanor L. Ross. (mlb) |
| Filing 2 Certificate of Interested Persons by Americans for Public Trust. (eop) |
| Filing 1 COMPLAINT filed by Americans for Public Trust. (Filing fee $402.00, receipt number AGANDC- 11109663) (Attachments: #1 Exhibit -1, #2 Exhibit -2, #3 Exhibit -3, #4 Exhibit -4, #5 Exhibit -5, #6 Exhibit -6, #7 Exhibit -7, #8 Exhibit -8, #9 Exhibit -9, #10 Exhibit -10, #11 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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