Goico v. United States Food and Drug Administration et al
| Peter Mario Goico |
| Dr. Stephen M. Hahn and United States Food and Drug Administration |
| 6:2020cv01248 |
| September 16, 2020 |
| US District Court for the District of Kansas |
| Kenneth G Gale |
| Julie A Robinson |
| Other Statutory Actions |
| 28 U.S.C. § 1343 |
| None |
Docket Report
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| Document Text |
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| Filing 32 MOTION for Leave to File a Surreply to #22 Defendants' Motion to Dismiss by Plaintiff Peter Mario Goico. (titled Permission to file a rebuttal (sur-reply or sur-response) to their Reply Memorandum in Support of Defendants Motion to Dismiss) (Attachments: #1 Proposed Surreply) (mam) Modified on 11/11/2020 to remove referral information. (mam) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #32 MOTION for Leave. The motion will be resolved by the District Judge.(df) |
| Filing 31 REPLY TO RESPONSE TO MOTION by Defendants Stephen M. Hahn, United States Food and Drug Administration re: #22 Motion to Dismiss/Lack of Jurisdiction, (Harlow, James) |
| Filing 30 URGENT Emergency Motion for EMERGENCY TRO by Plaintiff Peter Mario Goico. (mam) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #29 MOTION for Order. The motion will be resolved by the District Judge.(bw) |
| Filing 29 EMERGENCY MOTION to Expedite Ruling on Defendant's Motion by Plaintiff Peter Mario Goico. (mam) Modified on 10/29/2020 to remove referral information. (mam) |
Filing 28
ORDER regarding Pro Se Plaintiff's #27 "Emergency Motion for Preliminary Hearing." Signed by Chief District Judge Julie A. Robinson on 10/22/2020. (bw)
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| Filing 27 MOTION for Order by Plaintiff Peter Mario Goico. (Titled "Urgent Motion to Resolve Conflicting Messages From the Court") (sz) Modified on 10/26/2020 to remove referral information. (mam) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #27 MOTION for Order. The motion will be resolved by the District Judge.(bw) |
| Filing 26 RESPONSE by Plaintiff Peter Mario Goico re #22 Motion to Dismiss/Lack of Jurisdiction. (This document is a duplicate of de #25 and has been re-filed to satisfy deadlines) (sz) |
| Filing 25 REPLY TO RESPONSE TO MOTION by Plaintiff Peter Mario Goico re: #4 Motion for Preliminary Injunction. (Titled "Combined Rebuttal to Defendant's Motion and Emergency Motion for Injunction on Expanded Grounds") (sz) |
| Filing 24 MEMORANDUM AND ORDER re #4 Emergency Motion for Preliminary Injunction; Plaintiff shall file his reply in support on or before 11/10/2020 and re #22 Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim; Plaintiff shall file his response on or before 11/10/2020. Defendants' reply in support of their motion to dismiss shall be filed within fourteen (14) days of the date on which Plaintiff files his response. Signed by Chief District Judge Julie A. Robinson on 10/21/2020. Mailed to pro se party Peter Mario Goico by regular and certified mail ; Certified Tracking Number: 7019 0160 0000 4573 6337.(hw) |
| Filing 23 MEMORANDUM IN SUPPORT of #22 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Defendants Stephen M. Hahn, United States Food and Drug Administration(Harlow, James) |
| Filing 22 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Defendants Stephen M. Hahn, United States Food and Drug Administration (Attachments: #1 Exhibit List and Harlow Declaration, #2 Ex 1: EUA Issuance, #3 Ex 2: EUA Revocation, #4 Ex 3: FDA Drug Shortage Webpage, #5 Ex 4: FDA Press Release)(Harlow, James) |
| Filing 21 MEMORANDUM IN OPPOSITION by Defendants Stephen M. Hahn, United States Food and Drug Administration re #14 MOTION for Temporary Restraining Order, #4 MOTION for Preliminary Injunction, #20 MOTION for Reconsideration re #15 Order on Motion for TRO,, #3 MOTION to Consolidate Cases (Harlow, James) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #20 MOTION for Reconsideration re #15 Order on Motion for TRO,. The motion will be resolved by the District Judge.(aw) |
| Filing 20 MOTION for Reconsideration re #15 Memorandum and Order by Plaintiff Peter Mario Goico (titled "Motion to Rebut"). (Attachments: #1 Sealed Exhibit) (mam) Modified on 10/9/2020 to remove referral information. (mam) |
| Filing 19 CERTIFIED MAIL RECEIPT returned by Peter Mario Goico for the second packet of information addressed to Food and Drug Administration (titled "Motion to Submit More Evidence of Service"). (mam) |
| Filing 18 NOTICE TO SUBMIT EVIDENCE by Peter Mario Goico. (Titled "Motion to Submit Evidence".) (sz) |
| Filing 17 Summons Returned Executed -- served by Certified Mail on 9/24/2020. Summons served on United States Attorney General. (sz) |
| Filing 16 SUPPLEMENT to #14 MOTION for Temporary Restraining Order by Plaintiff Peter Mario Goico. (sz) |
| Filing 15 MEMORANDUM AND ORDER denying #14 Motion for TRO. Plaintiff's motion for a preliminary injunction (Doc. 4) remains pending. Defendants shall respond to the motion for a preliminary injunction on or before October 20, 2020, and the Court will contact the parties forthwith to set a date for the preliminary injunction hearing. Signed by Chief District Judge Julie A. Robinson on 9/28/2020. Mailed to pro se party Peter Mario Goico by regular mail. (smc) |
| Filing 14 MOTION for Temporary Restraining Order by Plaintiff Peter Mario Goico. (Attachments: #1 Exhibit)(sz) |
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Filing 13
ORDER regarding #7 Motion for Further Instructions from the Court. On September 22, 2020, this Court denied pro se Plaintiff Peter Mario Goico's Emergency Motion for Protective Order (Doc. 5) only to the extent that it sought a TRO, but held that Plaintiff's request for a preliminary injunction would remain pending. In its Order, the Court directed Plaintiff to serve the following on Defendants by October 6, 2020: (1) the Summons (2) Plaintiff's Complaint; (3) the Emergency Motion for Preliminary Injunction; (4) the Court's September 22 Order; and (5) Plaintiff's September 16, 2020 Motion to Consolidate Cases (Doc. 3). Plaintiff indicates that before receiving the Court's Order, he had already served the Summons, Complaint, and Emergency Motion for Preliminary Injunction on Defendants, and asks whether he now needs to separately send his Motion to Consolidate Cases and this Court's September 22 Order. Because Defendants' counsel has now entered an appearance in this case (Doc. 8) and can obtain those documents from the docket, Plaintiff is excused from the requirement to send the Court's Order and the Motion to Consolidate Cases to Defendants. Signed by Chief District Judge Julie A. Robinson on September 25, 2020. Mailed to pro se party Peter Mario Goico, 1254 N. Pine Grove Ct., Wichita, KS 67212 by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (rs)
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Filing 12
ORDER regarding #5 Motion for Clarification. Per Plaintiff's inquiry, the Court is satisfied with Plaintiff's father mailing the notices. Signed by Magistrate Judge Kenneth G. Gale on 9/25/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (df)
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| MOTION REFERRAL to Magistrate Judge REMOVED as to: #7 MOTION for Order. The motion will be resolved by the District Judge.(df) |
| NOTICE Re: Pro Se Mailing. Document 12 Order on Motion to Clarify, mailed to Peter Mario Goico, 1254 N. Pine Grove Ct., Wichita, KS 67212 on 9/25/2020 by regular mail. (aw) |
| Filing 11 Summons Returned Executed -- United States Attorney General served by Certified Mail on 9/24/2020. (jk) |
| Filing 10 Summons Returned Executed -- United States Food and Drug Administration, Dr. Stephen M. Hahn served by Certified Mail on 9/23/2020. (jk) |
| Filing 9 Summons Returned Executed -- United States Attorney served by Certified Mail on 9/22/2020, answer due 11/23/2020. (jk) |
| Filing 8 ENTRY OF APPEARANCE by James W. Harlow on behalf of All Defendants (Harlow, James) |
| Filing 7 MOTION for Further Instructions from the Court by Plaintiff Peter Mario Goico. (mam) Modified on 9/25/2020 to remove referral information. (mam) |
| Set Deadlines as to #4 MOTION for Preliminary Injunction per #6 Memorandum and Order. Response deadline 10/20/2020. (smc) |
| Filing 6 MEMORANDUM AND ORDER denying #4 Motion for Preliminary Injunction only to the extent that it seeks a TRO without notice. The motion for a preliminary injunction remains pending. See order for further details. Signed by Chief District Judge Julie A. Robinson on 9/22/2020. Mailed to pro se party Peter Mario Goico by regular mail. (smc) |
| Filing 5 MOTION for Clarification by Plaintiff Peter Mario Goico. (referred to Magistrate Judge Kenneth G. Gale) (mam) |
| SUMMONS ISSUED as to Stephen M. Hahn, United States Food and Drug Administration, U.S. Attorney and U.S. Attorney General (issued to pro se Plaintiff for service). (Note: Pro se Plaintiff provided a combined summons for Stephen M. Hahn and United States Food and Drug Administration) (jk) |
| Filing 4 EMERGENCY MOTION for Preliminary Injunction by Plaintiff Peter Mario Goico. (mam) Modified on 9/24/2020 to have motion pending per M&O (smc). |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #3 MOTION to Consolidate Cases. The motion will be resolved by the District Judge.(df) |
| Filing 3 MOTION to Consolidate Cases by Plaintiff Peter Mario Goico. (jk) Modified on 9/21/2020 to remove referral information. (mam) |
| Filing 2 CIVIL COVER SHEET re #1 Complaint by Plaintiff Peter Mario Goico. (jk) |
| Filing 1 COMPLAINT with trial location of Wichita, filed by Peter Mario Goico. (jk) |
| FILING FEE PAID: in the amount of $ 400, receipt number W4631023137. (jk) |
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