Rahman et al v. Centers for Disease Control & Prevention et al
| Syed Rahman, Mark Weyermuller and Illinois Rental Property Owners Association |
| Centers for Disease Control & Prevention, U.S. Dept. of Health & Human Services, Xavier Becerra, Rochelle Walensky, U.S. Department of Justice, Merrick B. Garland, United States Department of Health and Human Services, Rochelle P Walensky, United States Department Of Justice and Merrick Garland |
| 1:2021cv04299 |
| August 12, 2021 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 |
| None |
Docket Report
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This docket was last retrieved on September 8, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the notice of voluntary dismissal #16 , under Federal Rule of Civil Procedure 41(a)(1)(A)(i), the case is dismissed without prejudice. The summary judgment motion #10 is terminated. Status hearing of 09/17/2021 is vacated. Civil case terminated. Emailed notice (mw, ) |
| Filing 16 NOTICE of Voluntary Dismissal by All Plaintiffs (Suhr, Daniel) |
| Filing 15 MINUTE entry before the Honorable Edmond E. Chang: R. 14 was filed by the Plaintiffs as a motion in CM/ECF. It is terminated as a motion, because the filing is the notice of supplemental authority, not the already-granted motion, R. 12. Emailed notice (mw, ) |
| Filing 14 NOTICE OF SUPPLEMENTAL AUTHORITY by Plaintiffs Illinois Rental Property Owners Association, Syed Rahman, Mark Weyermuller to supplement Authority (Attachments: #1 Exhibit Exhibit A, Alabama Realtors Decision)(Suhr, Daniel) Modified docket text on 08/30/2021 (mw, ). |
| Filing 13 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiffs' motion for leave to file #12 supplemental authority is granted. The Plaintiffs shall file the notice on the docket as a separate entry for clarity's sake (anytime before the 09/09/2021 government-response deadline is fine). Of course, the government shall address the supplemental authority in its response. Indeed, although the supplement authority technically addressed the propriety of a stay, the handwriting is pretty clearly on the wall. If the government decides to abandon the appeal of the summary judgment order in Alabama Association of Realtors v. HHS (perhaps the government has decided to do so already), then this case would be apparently moot, because the summary judgment order was not limited to the plaintiffs in that case. See 2021 WL 1779282, at *9. Emailed notice (Chang, Edmond) |
| Filing 12 MOTION by Plaintiff Illinois Rental Property Owners Association for leave to file Notice of Supplemental Authority (Attachments: #1 Notice of Supplemental Authority, #2 Exhibit A)(Suhr, Daniel) |
| Filing 11 CERTIFIED COPY OF ADMINISTRATIVE RECORD by Defendants Xavier Becerra, Centers for Disease Control & Prevention, Merrick Garland, United States Department Of Justice, United States Department of Health and Human Services, Rochelle P Walensky (Attachments: #1 Certification of administrative record, #2 Index of administrative record, #3 I. CDC Orders, #4 II. September 4, 2020 Order Part 1, #5 September 4, 2020 Order Part 2, #6 September 4, 2020 Order Part 3, #7 September 4, 2020 Order Part 4, #8 September 4, 2020 Order Part 5, #9 September 4, 2020 Order Part 6, #10 III. January 31, 2021 Extension, #11 IV. April 1, 2021 Extension, #12 V. July 1, 2021 Extension, #13 VI. August 3, 2021 Extension, #14 VII. State and local eviction moratoria, #15 VIII. Other materials)(Robinson, John) |
| Filing 10 MOTION by Plaintiffs Syed Rahman, Illinois Rental Property Owners Association, Mark Weyermuller for summary judgment (Attachments: #1 Memorandum of Law, #2 Statement of Undisputed Facts, #3 Appendix, #4 Proposed Order)(Suhr, Daniel) |
| Filing 9 MINUTE entry before the Honorable Edmond E. Chang: Telephone status hearing held with counsel for the parties. On review of the status report, R. 8, as well as in light of the discussion during the hearing, the Court adopted the government's proposed briefing schedule. In sum, the Plaintiffs are not suffering irreparable harm, that is, right now the record reflects assertions only of injuries that can be compensated with money damages. It is true that sometimes monetary harm can in turn lead to harms that would not be compensable with money damages; for example, if a rental-property owner were in imminent danger of foreclosure on the real property. But there is no record evidence (or even an allegation) of that here. The partial grant of the injunction in Chrysafis v. Marks, --- S. Ct. ---, 2021 WL 3560766, at *1 (Aug. 12, 2021), did give the Court some pause, because irreparable harm is one of the requisite elements of winning an injunction (or is at least considered on a sliding scale). And the New York law was set to expire in just 12 days after the issuance of the order. If the order in Chrysafis were to represent a different way of considering irreparable harm, then of course this Court would be bound to do the same. But the order does not detail a particular rationale on that element, so for now the usual approach applies. Nor does the CDC Moratorium Order suffer from the flaw that the order in Chrysafis identified in the New York law (that is, disabling the landlord from challenging the tenant's hardship certification). In the absence of irreparable harm, then, the defense's proposed schedule properly balances expeditious consideration with deliberativeness and the interest in accuracy. The Plaintiffs' summary judgment motion is due on 08/19/2021. The government shall file the administrative record on 08/23/2021. The government's combined response and cross-motion for summary judgment (all in one brief) is due on 09/09/2021. The Plaintiffs' combined reply on their motion and response to the government's cross-motion (again in one brief) due on 09/14/2021. The government's reply on its own motion is due on 09/24/2021. The government may use 21 pages in its upcoming first brief (though the parties may confer and file appropriate expansion motions if needed). If the government decides to extend the current moratorium, then the government shall file, within one business day of the issuance of the extension, a status report on that decision with accompanying details. The tracking status hearing set for 08/27/2021 is reset to 09/17/2021 at 8:30 a.m. to track the briefing only (no appearance is required, the case will not be called). Further hearings will be set as necessary. Emailed notice (Chang, Edmond) |
| Filing 8 STATUS Report Joint Status Report by Illinois Rental Property Owners Association, Syed Rahman (Suhr, Daniel) |
| Filing 7 MINUTE entry before the Honorable Edmond E. Chang: On review of the pro hac vice application #6 of attorney Jeffrey Jennings, and the attachment describing the routine investigation for admission to the Texas State Bar, the application is granted. Emailed notice (mw, ) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18576109. (Attachments: #1 Supplement, #2 Supplement)(Jennings, Jeffrey) |
| Filing 5 ATTORNEY Appearance for Defendants Xavier Becerra, Centers for Disease Control & Prevention, Merrick Garland, United States Department Of Justice, United States Department of Health and Human Services, Rochelle P Walensky by John J Robinson (Robinson, John) |
| Filing 4 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiffs' unopposed motion #3 to use extra pages is granted. The Plaintiffs shall file the brief on the docket as a separate entry. As a separate matter: the Plaintiffs report that they have not yet effectuated service, but they have been conferring with the government's counsel. R. 3 at 2. (It appears that service on the Attorney General might be the missing piece under Civil Rule 4(i)(1)(B), see R. 3-1 at 10, though it is not crystal clear.) Because it makes sense to discuss the most efficient (yet deliberative) way forward, the Court sets a phone status hearing for 08/19/2021 at 11 a.m. The Plaintiffs shall provide notice of this hearing to the defense counsel. Of course, with service not yet effectuated, the Court does not expect either side to address substantive arguments quite yet, but rather to discuss what steps to take after service is effectuated and how quickly to take those steps. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (877) 336-1831 and the access code is 1736479. Counsel of record will receive an email before the start of the telephonic hearing with instructions to join the call. Counsel for Defendant to provide the login instructions to the Defendant. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (eec) |
| Filing 3 MOTION by Plaintiffs Illinois Rental Property Owners Association, Syed Rahman, Mark Weyermuller for leave to file excess pages (Attachments: #1 Exhibit Proposed Memorandum of Law, #2 Text of Proposed Order Proposed Order)(Suhr, Daniel) |
| Filing 2 MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 08/27/2021 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 08/19/2021. Plaintiff must still file the report even if Defendants have not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice (Attachments: #1 Status Report Requirements) (mw, ) |
| SUMMONS Issued as to Xavier Becerra, Centers for Disease Control & Prevention, Merrick Garland, United States Department of Justice, United States Department of Health and Human Services, Rochelle P Walensky, U.S. Attorney, and U.S. Attorney General. (lxk, ) |
| Filing 1 COMPLAINT filed by Syed Rahman, Illinois Rental Property Owners Association, Mark Weyermuller; Filing fee $ 402, receipt number 0752-18557580. (Attachments: #1 Civil Cover Sheet, #2 Supplement Corporate & Affiliate Disclosure)(Suhr, Daniel) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (jg, ) |
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