GRAY et al v. GOVERNOR JANET T MILLS et al
Plaintiff: JERE GRAY, VALERIE KESSLER, HEIDI SAMPSON, JENNIFER JENKINS and JANE AND JOHN DOES 1-100
Defendant: CENTER FOR DISEASE CONTROL AND PREVENTION DIRECTOR DR NIRAV D SHAH, DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT COMMISSIONER HEATHER JOHNSON, DEPARTMENT OF HEALTH AND HUMAN SERVICES COMMISSIONER JEANNE M LAMBREW, JANE AND JOHN DOES 1-20, GOVERNOR JANET T MILLS, JANET T MILLS, HEATHER JOHNSON, DR NIRAV D SHAH and JEANNE M LAMBREW
Case Number: 1:2021cv00071
Filed: March 9, 2021
Court: US District Court for the District of Maine
Presiding Judge: JOHN H RICH
Referring Judge: LANCE E WALKER
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 6, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 6, 2021 Opinion or Order Filing 20 ORDER re #16 Request for a Hearing Regarding a Discovery Dispute filed by VALERIE KESSLER, HEIDI SAMPSON, JANE AND JOHN DOES 1-100, JERE GRAY, JENNIFER JENKINS. I held a telephonic discovery conference on May 5, 2021, with Attorneys Jenkins and Renz for the plaintiffs, and Attorney Patwardhan for the defendants, on the plaintiffs' request for a hearing regarding a discovery dispute (ECF No. 16). At issue was the plaintiffs' request for limited expedited discovery regarding the amplification cycles at which positive polymerase chain reaction (PCR) tests for COVID-19 have been processed in Maine. The plaintiffs contended that they needed such information on an expedited basis because it was (1) central to their claims that the defendants are inflating COVID-19 case rates by relying on flawed testing methods, (2) necessary to prevent them from suffering irreparable harm from various COVID-19-related restrictions and ensure third-party laboratories will not destroy evidence, and (3) critical to their decision as to whether to ask for a preliminary injunction. After hearing argument, I DENIED the plaintiffs' request, concluding "in light of all of the surrounding circumstances," that they had "failed to demonstrate an urgent and compelling need" for deviating from the normal course of discovery. Momenta Pharms., Inc. v. Teva Pharms. Indus. Ltd., 765 F. Supp. 2d 87, 89-90 (D. Mass. 2011) (citation and internal quotation marks omitted). Among other things, I noted that the plaintiffs' request was premature in light of the defendants' recently filed motion to dismiss (ECF No. 18) and their own representation that they plan to file an amended complaint by the end of next week rather than respond to the defendants' motion to dismiss. Regarding irreparable injury, I found that the plaintiffs had not shown how the information they sought to obtain through expedited discovery would change their circumstances with regard to the COVID-19 restrictions they are challenging or why the third-party laboratories would destroy the data they intend to seek. Furthermore, I determined that the plaintiffs' proposed expedited discovery would place too high a burden on the defendants given that they sought information about every positive COVID-19 PCR test included in Maine's case counts, which number in the tens of thousands and contain sensitive medical information that may be subject to state and federal confidentiality laws. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
May 5, 2021 Filing 19 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN H. RICH III: Discovery Hearing held re ECF No. 16; plaintiffs' request for expedited discovery denied for the reasons stated on the record; docket order to follow. (Court Reporter: Tammy Martell) (RICH III, JOHN)
April 23, 2021 Filing 18 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1) and (12)(b)(6) by HEATHER JOHNSON, JEANNE M LAMBREW, JANET T MILLS, NIRAV D SHAH Responses due by 5/14/2021. (Attachments: #1 Exhibit Proclamation, #2 Exhibit EO 19 FY 19/20, #3 Exhibit EO 28 FY 19/20, #4 Exhibit EO 28-A-2 19/20, #5 Exhibit EO 34 FY 19/20, #6 Exhibit EO 49 FY 19/20, #7 Exhibit EO 55 FY 19/20, #8 Exhibit EO 57 FY 19/20, #9 Exhibit EO 16 FY 20/21, #10 Exhibit EO 19-A FY 20/21, #11 Exhibit EO 31 FY 20/21, #12 Exhibit EO 35 FY 20/21, #13 Affidavit Declaration of McCollister, #14 Exhibit McCollister Exh. 14, #15 Exhibit McCollister Exh. 15, #16 Exhibit McCollister Exh. 16, #17 Exhibit McCollister Exh. 17, #18 Affidavit Declaration of Patwardhan, #19 Exhibit ME CDC FAQ (5/20), #20 Exhibit ME CDC FAQ (8/20), #21 Exhibit ME CDC FAQ (3/21), #22 Exhibit Religious Gatherings (2/21), #23 Exhibit Religious Gatherings (3/21), #24 Exhibit Retail Businesses (3/21), #25 Exhibit Seated Food and Drink (3/21), #26 Exhibit Diocese memo)(PATWARDHAN, KIMBERLY)
April 22, 2021 Filing 17 NOTICE of Telephonic Hearing: Discovery Hearing set for 5/5/2021 at 10:00 AM before MAGISTRATE JUDGE JOHN H. RICH III. All participants will be provided with the court's call-in information.(slg)
April 19, 2021 Filing 16 (Access to document is restricted to case participants only) REQUEST FOR A HEARING REGARDING A DISCOVERY DISPUTE filed by JERE GRAY, JANE AND JOHN DOES 1-100, JENNIFER JENKINS, VALERIE KESSLER, HEIDI SAMPSON(JENKINS, RON)
April 19, 2021 Filing 15 NOTICE of Docket Entry Modification regarding #14 Unopposed MOTION for Oral Argument/Hearing : This docket entry was marked filed in error and counsel was instructed to refile using the correct event. (mtm)
April 16, 2021 Filing 14 **FILED IN ERROR**Unopposed MOTION for Oral Argument/Hearing by JERE GRAY, JANE AND JOHN DOES 1-100, JENNIFER JENKINS, VALERIE KESSLER, HEIDI SAMPSON Responses due by 5/7/2021. (JENKINS, RON) Modified on 4/19/2021 to mark filed in error and change security level (mtm).
April 16, 2021 Opinion or Order Filing 13 ORDER granting #12 Motion for Leave to File a Memorandum of Law in Support of their Motion to Dismiss that does not exceed 30 pages By JUDGE LANCE E. WALKER. (meh)
April 16, 2021 Filing 12 Unopposed MOTION for Leave to File a Memorandum of Law in Support of their Motion to Dismiss that does not exceed 30 pages by HEATHER JOHNSON, JEANNE M LAMBREW, JANET T MILLS, NIRAV D SHAH Responses due by 5/7/2021. (PATWARDHAN, KIMBERLY)
April 11, 2021 Opinion or Order Filing 11 ORDER striking #10 Motion for Limited Expedited Discovery. The plaintiffs' motion is stricken because it does not comply with Local Rule 26(b) which prohibits the filing of any discovery motion without the court's prior approval, requires the parties to meet and confer in a good faith effort to resolve by agreement the issues in dispute, and mandates the filing of a request for a discovery hearing, if the good faith effort is unsuccessful (providing the opposing parties with a copy of a discovery motion and noting their opposition does not satisfy the good faith obligation). By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN)
April 9, 2021 Filing 10 MOTION for Leave to File Motion for Expedited Discovery by JERE GRAY, JANE AND JOHN DOES 1-100, JENNIFER JENKINS, VALERIE KESSLER, HEIDI SAMPSON Responses due by 4/30/2021. (Attachments: #1 Exhibit 1-Plaintiffs' Request for Docs., #2 Exhibit 2- Plaintiffs' Interrogatories, #3 Exhibit 3- Plaintiffs' Subpoena to Quest, #4 Exhibit 4- Plaintiffs' Subpoena to Lab Corp, #5 Exhibit 5- Declaration of Peter A. McCullough, MD, MPH)(JENKINS, RON) Modified on 4/9/2021 to clean up docket text (meh).
April 2, 2021 Filing 9 NOTICE of Appearance by KIMBERLY L. PATWARDHAN on behalf of CENTER FOR DISEASE CONTROL AND PREVENTION DIRECTOR DR NIRAV D SHAH, DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT COMMISSIONER HEATHER JOHNSON, DEPARTMENT OF HEALTH AND HUMAN SERVICES COMMISSIONER JEANNE M LAMBREW, GOVERNOR JANET T MILLS (PATWARDHAN, KIMBERLY)
March 30, 2021 Set Deadlines/Hearings : Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney Thomas Renz must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 4/6/2021. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (meh)
March 30, 2021 Filing 8 CERTIFICATION for Admission Pro Hac Vice of Thomas Renz filed by RON JENKINS on behalf of JERE GRAY, JANE AND JOHN DOES 1-100, JENNIFER JENKINS, VALERIE KESSLER, HEIDI SAMPSON (Total admission fee $ 100 receipt number AMEDC-2470774.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (JENKINS, RON)
March 18, 2021 Set Answer Deadline for JANET T MILLS, CENTER FOR DISEASE CONTROL AND PREVENTION DIRECTOR DR NIRAV D SHAH, DEPARTMENT OF HEALTH AND HUMAN SERVICES COMMISSIONER JEANNE M LAMBREW, DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT COMMISSIONER HEATHER JOHNSON : Answer due by 5/11/2021. (meh)
March 17, 2021 Filing 7 WAIVER OF SERVICE Returned Executed DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT COMMISSIONER HEATHER JOHNSON waiver sent on 3/12/2021. (JENKINS, RON)
March 17, 2021 Filing 6 WAIVER OF SERVICE Returned Executed DEPARTMENT OF HEALTH AND HUMAN SERVICES COMMISSIONER JEANNE M LAMBREW waiver sent on 3/12/2021. (JENKINS, RON)
March 17, 2021 Filing 5 WAIVER OF SERVICE Returned Executed CENTER FOR DISEASE CONTROL AND PREVENTION DIRECTOR DR NIRAV D SHAH waiver sent on 3/12/2021. (JENKINS, RON)
March 17, 2021 Filing 4 WAIVER OF SERVICE Returned Executed GOVERNOR JANET T MILLS waiver sent on 3/12/2021. (JENKINS, RON)
March 10, 2021 Filing Fee Paid via Credit Card ( Filing fee $ 402 receipt number AMEDC-2461438.), filed by JERE GRAY.(JENKINS, RON)
March 10, 2021 Filing 3 Summons Issued as to CENTER FOR DISEASE CONTROL AND PREVENTION DIRECTOR DR NIRAV D SHAH, DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT COMMISSIONER HEATHER JOHNSON, DEPARTMENT OF HEALTH AND HUMAN SERVICES COMMISSIONER JEANNE M LAMBREW, GOVERNOR JANET T MILLS. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: #1 Commissioner Heather Johnson summons, #2 Governor Janet Mills summons, #3 Dr Nirav D Shah summons)(bfa)
March 9, 2021 Filing 2 CIVIL COVER SHEET. (bfa)
March 9, 2021 Filing 1 COMPLAINT against CENTER FOR DISEASE CONTROL AND PREVENTION DIRECTOR DR NIRAV D SHAH, DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT COMMISSIONER HEATHER JOHNSON, DEPARTMENT OF HEALTH AND HUMAN SERVICES COMMISSIONER JEANNE M LAMBREW, GOVERNOR JANET T MILLS, JANE AND JOHN DOES 1-20 with Jury Demand PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by VALERIE KESSLER, HEIDI SAMPSON, JANE AND JOHN DOES 1-100, JERE GRAY, JENNIFER JENKINS. (Service of Process Deadline 6/7/2021) Fee due by 3/11/2021.(bfa)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Maine District Court's Electronic Court Filings (ECF) System

Search for this case: GRAY et al v. GOVERNOR JANET T MILLS et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: CENTER FOR DISEASE CONTROL AND PREVENTION DIRECTOR DR NIRAV D SHAH
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT COMMISSIONER HEATHER JOHNSON
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: DEPARTMENT OF HEALTH AND HUMAN SERVICES COMMISSIONER JEANNE M LAMBREW
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: JANE AND JOHN DOES 1-20
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: GOVERNOR JANET T MILLS
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: JANET T MILLS
Represented By: KIMBERLY L. PATWARDHAN
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: HEATHER JOHNSON
Represented By: KIMBERLY L. PATWARDHAN
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: DR NIRAV D SHAH
Represented By: KIMBERLY L. PATWARDHAN
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: JEANNE M LAMBREW
Represented By: KIMBERLY L. PATWARDHAN
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: JERE GRAY
Represented By: RON JENKINS
Represented By: THOMAS RENZ
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: VALERIE KESSLER
Represented By: RON JENKINS
Represented By: THOMAS RENZ
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: HEIDI SAMPSON
Represented By: RON JENKINS
Represented By: THOMAS RENZ
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: JENNIFER JENKINS
Represented By: RON JENKINS
Represented By: THOMAS RENZ
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: JANE AND JOHN DOES 1-100
Represented By: RON JENKINS
Represented By: THOMAS RENZ
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?