Bruno Project Rescue Inc et al v. Centers for Disease Control & Prevention et al
| Potcake Place K9 Rescue (USA) Inc, Caribbean Canine Connection, Save the Satos, Annie's Faith Foundation, Aruba Flight Volunteers a 501(c)(3) corporaiton doing business as New Life for Paws Foundation and Bruno Project Rescue Inc |
| Department of Health and Human Services, Mandy K Cohen and Centers for Disease Control & Prevention |
| 1:2024cv11552 |
| June 13, 2024 |
| US District Court for the District of Massachusetts |
| Denise J Casper |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on July 30, 2024. A more recent docket listing may be available from PACER.
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| Filing 20 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #12 Motion to Stay Effective Date of CDC Regulation by Annie's Faith Foundation, Aruba Flight Volunteers, Bruno Project Rescue Inc, Caribbean Canine Connection, Potcake Place K9 Rescue (USA) Inc, Save the Satos.Plaintiffs filed this complaint, D. 1 at 21, challenging the CDC's new dog importation regulation as arbitrary, capricious, an abuse of discretion and beyond the agency's statutory authority and seeking declaratory judgment and injunctive relief regarding same, and now seeks to stay implementation of that new regulation that is set to go into effective on August 1, 2024. D. 12. Having considered the Plaintiffs' motion papers, D. 12-13, Defendants' opposition, D. 17, and Plaintiffs' reply, D. 18-1, the Court DENIES the motion. The standard for a motion to stay, as acknowledged by both sides, is a showing by Plaintiffs that they have likelihood of success of the merits of their claim, they will suffer irreparable harm absent the stay, the balance of equities in considering the stay tip in their favor and whether the stay is in the public interest. See Winter v. Natural Resources Defense Council, 555 U.S. 7, 20 (2008). Having considered the parties' papers and the arguments therein, the Court concludes that Plaintiff have not shown a likelihood of success on the merits in their challenge to the new CDC regulation or that any irreparable harm that they might suffer with the new regulation in effect outweighs the public interest implicated by the change in regulations (i.e., namely, preventing a communicable disease, rabies, from being (re)introduced to the United States). (Hourihan, Lisa) |
| Filing 19 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #18 Motion for Leave to File Reply Brief in Support of Motion to Stay by Annie's Faith Foundation, Aruba Flight Volunteers, Bruno Project Rescue Inc, Caribbean Canine Connection, Potcake Place K9 Rescue (USA) Inc, Save the Satos. (Hourihan, Lisa) |
| Filing 18 Assented to MOTION for Leave to File Reply Brief in Support of Motion to Stay by Annie's Faith Foundation, Aruba Flight Volunteers, Bruno Project Rescue Inc, Caribbean Canine Connection, Potcake Place K9 Rescue (USA) Inc, Save the Satos. (Attachments: #1 Exhibit Proposed Reply Brief)(Katz, Aaron) |
| Filing 17 Opposition re #12 MOTION to Stay Effective Date of CDC Regulation filed by Centers for Disease Control & Prevention, Mandy K Cohen, Department of Health and Human Services. (Attachments: #1 Exhibit Declaration of Dr. Emily Pieracci, #2 Exhibit NPRM 2023, #3 Exhibit Final Rule)(O'Connor, Nicole) |
| Filing 16 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #15 Motion for Extension of Time to July 26, 2024 to Respond to Plaintiffs' Motion for Stay by Centers for Disease Control & Prevention, Mandy K Cohen, Department of Health and Human Services. (Hourihan, Lisa) |
| Filing 15 Assented to MOTION for Extension of Time to July 26, 2024 to Respond to Plaintiffs' Motion for Stay by Centers for Disease Control & Prevention, Mandy K Cohen, Department of Health and Human Services.(O'Connor, Nicole) |
| Filing 14 NOTICE of Appearance by Nicole M. O'Connor on behalf of Centers for Disease Control & Prevention, Mandy K Cohen, Department of Health and Human Services (O'Connor, Nicole) |
| Filing 13 MEMORANDUM in Support re #12 MOTION to Stay Effective Date of CDC Regulation filed by Annie's Faith Foundation, Aruba Flight Volunteers, Bruno Project Rescue Inc, Caribbean Canine Connection, Potcake Place K9 Rescue (USA) Inc, Save the Satos. (Attachments: #1 Exhibit Sworn Declaration of Blake Ulrich)(Katz, Aaron) |
| Filing 12 MOTION to Stay Effective Date of CDC Regulation by Annie's Faith Foundation, Aruba Flight Volunteers, Bruno Project Rescue Inc, Caribbean Canine Connection, Potcake Place K9 Rescue (USA) Inc, Save the Satos.(Katz, Aaron) |
| Filing 11 SUMMONS Returned Executed by Save the Satos, Caribbean Canine Connection, Annie's Faith Foundation, Aruba Flight Volunteers, Bruno Project Rescue Inc, Potcake Place K9 Rescue (USA) Inc. (Katz, Aaron) |
| Filing 10 SUMMONS Returned Executed by Save the Satos, Caribbean Canine Connection, Annie's Faith Foundation, Aruba Flight Volunteers, Bruno Project Rescue Inc, Potcake Place K9 Rescue (USA) Inc. (Katz, Aaron) |
| Filing 9 SUMMONS Returned Executed by Save the Satos, Caribbean Canine Connection, Annie's Faith Foundation, Aruba Flight Volunteers, Bruno Project Rescue Inc, Potcake Place K9 Rescue (USA) Inc. (Katz, Aaron) |
| Filing 8 SUMMONS Returned Executed Mandy K Cohen served on 6/24/2024, answer due 7/15/2024. (Katz, Aaron) |
| Filing 7 AMENDED COMPLAINT against All Defendants, filed by Annie's Faith Foundation, Aruba Flight Volunteers, Bruno Project Rescue Inc, Caribbean Canine Connection, Potcake Place K9 Rescue (USA) Inc, Save the Satos.(Katz, Aaron) |
| Filing 6 ELECTRONIC NOTICE of Case Reassignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Cook, Savannah) |
| Filing 5 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. United States Magistrate Judges cannot decide motions for injunctive relief absent unanimous consent of the parties. 28 U.S.C. s. 636(b)(1)(A), (C). Plaintiffs in this case have filed a complaint for injunctive relief, seeking, inter alia, to temporarily and permanently enjoin the enforcement of a regulation effective August 1, 2024, 48 days from now. Given the time afforded for service of and response by defendants to the complaint as well as the time permitted to object to any report and recommendation, this court, in an abundance of caution, orders the reassignment of this case to a United States District Judge. (Ferguson, Kerry) |
| Filing 4 Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Warnock, Douglas) |
| Filing 3 Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Warnock, Douglas) Entered in error, see ECF #4 for correctly issued Summons. (Warnock, Douglas). |
| Filing 2 NOTICE of Case Assignment. Magistrate Judge M. Page Kelley assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Cook, Savannah) |
| Filing 1 COMPLAINT for Injunctive Relief against Centers for Disease Control & Prevention, Mandy K Cohen, Department of Health and Human Services Filing fee: $ 405, receipt number AMADC-10464258 (Fee Status: Filing Fee paid), filed by Annie's Faith Foundation, Aruba Flight Volunteers D/B/A New Life for Paws Foundation, Bruno Project Rescue Inc, Caribbean Canine Connection, Potcake Place K9 Rescue (USA) Inc, Save the Satos. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Category Form Category Form)(Katz, Aaron) |
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