Livingston Educational Service Agency et al v. Department of Health and Human Services, Secretary of et al
| Livingston Educational Service Agency, Saginaw Intermediate School District, Walled Lake Consolidated School District and Wayne-Westland Community Schools |
| Department of Health and Human Services, Secretary of, Department of Health and Human Services, Administration for Children and Families, Assistant Secretary of, Administration for Children and Families and Office of Head Start, Director of |
| Michigan House of Representatives and Michigan Senate |
| 2:2022cv10127 |
| January 20, 2022 |
| US District Court for the Eastern District of Michigan |
| Nancy G Edmunds |
| Elizabeth A Stafford |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.
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Filing 46
ORDER Denying #5 Motion for Preliminary Injunction and the TRO previously issued by the Court (ECF No. #20 ) is Dissolved - Signed by District Judge Nancy G. Edmunds. (LBar)
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TEXT-ONLY ORDER finding as moot #36 Motion in Limine - Signed by District Judge Nancy G. Edmunds. (LBar)
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Filing 45
NOTICE by Livingston Educational Service Agency, Saginaw Intermediate School District, Walled Lake Consolidated School District, Wayne-Westland Community Schools (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B) (Strauss, Rebecca)
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Filing 44
NOTICE by Livingston Educational Service Agency, Saginaw Intermediate School District, Walled Lake Consolidated School District, Wayne-Westland Community Schools (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B) (Murphy, Amy)
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Minute Entry for in-person proceedings before District Judge Nancy G. Edmunds: Motion Hearing held on 2/28/2022 re #5 MOTION for Preliminary Injunction Disposition: Motion taken under advisement (Court Reporter: Shacara Mapp) (LBar)
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Filing 43
NOTICE by Livingston Educational Service Agency, Saginaw Intermediate School District, Walled Lake Consolidated School District, Wayne-Westland Community Schools (Murphy, Amy)
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Filing 42
Exhibit List by Livingston Educational Service Agency, Saginaw Intermediate School District, Walled Lake Consolidated School District, Wayne-Westland Community Schools. (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 Exhibit 11, #12 Exhibit 12) (Murphy, Amy)
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Minute Entry for telephonic proceedings before District Judge Nancy G. Edmunds: Telephonic Status Conference held on 2/23/2022. (Court Reporter: None Present, Not on the Record) (LBar)
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Filing 41
REPLY to Response re #36 Emergency MOTION in Limine to Limit Evidence at Hearing on Plaintiffs' Motion for Preliminary Injunction filed by All Defendants. (Edelman, Christopher)
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Filing 40
RESPONSE to #36 Emergency MOTION in Limine to Limit Evidence at Hearing on Plaintiffs' Motion for Preliminary Injunction filed by Livingston Educational Service Agency, Saginaw Intermediate School District, Walled Lake Consolidated School District, Wayne-Westland Community Schools. (Murphy, Amy)
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Filing 39
REPLY to Response re #5 MOTION for Preliminary Injunction filed by Livingston Educational Service Agency, Saginaw Intermediate School District, Walled Lake Consolidated School District, Wayne-Westland Community Schools. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Murphy, Amy)
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Filing 38
NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 2/23/2022 @ 1:30 PM before District Judge Nancy G. Edmunds (LBar)
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TEXT-ONLY ORDER Granting #37 Motion for Leave to File Reply Brief Excess Pages (Reply not to exceed 15 pages) - Signed by District Judge Nancy G. Edmunds. (LBar)
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Filing 37
MOTION for Leave to File Excess Pages by All Plaintiffs. (Attachments: #1 Exhibit, #2 Index of Exhibits, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Murphy, Amy)
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Filing 36
Emergency MOTION in Limine to Limit Evidence at Hearing on Plaintiffs' Motion for Preliminary Injunction by All Defendants. (Edelman, Christopher)
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Filing 35
RESPONSE to #5 MOTION for Preliminary Injunction filed by All Defendants. (Accepted as filed as of 2/14/2022) (LBar)
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Filing 34
ORDER Granting #33 Motion for Leave to File Excess Pages. The Response Attached to the Motion for Leave to File Excess Pages is Accepted for Filing - Signed by District Judge Nancy G. Edmunds. (LBar)
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Filing 33
MOTION for Leave to File Excess Pages (Unopposed) by All Defendants. (Attachments: #1 Defendants' Response in Opposition to Plaintiffs' Motion for Preliminary Injunction) (Edelman, Christopher)
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Filing 32
ORDER Granting #31 Motion to Extend the Court's Temporary Retraining Order - (The TRO is extended until Plaintiffs' #5 Motion for Preliminary Injunction has been resolved - Signed by District Judge Nancy G. Edmunds. (LBar)
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TEXT-ONLY ORDER Granting #29 Motion for Leave to File Amicus Curiae Brief - (Document #30 is Accepted) - Signed by District Judge Nancy G. Edmunds. (LBar)
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Filing 31
Emergency MOTION to Clarify or Extend Temporary Restraining Order by All Plaintiffs. (Murphy, Amy)
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Filing 30
Amicus Curiae BRIEF by Michigan House of Representatives, Michigan Senate (Attachments: #1 Index of Exhibits, #2 Exhibit A - NHSA Survey Summary, #3 Exhibit B - NHSA Letter to Secretary Becerra re Vaccine Rule, #4 Exhibit C - Michigan Head Start Fact Sheet, #5 Exhibit D - Michigan Head Start Assoc. Comments re Vaccine Rule) (Porter, David)
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Filing 29
MOTION for Leave to File Amicus Brief (UNOPPOSED) by Michigan House of Representatives, Michigan Senate. (Porter, David)
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Filing 28
NOTICE of Appearance by David A Porter on behalf of Michigan House of Representatives, Michigan Senate. (Porter, David)
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Addition of Parties to CM/ECF: Interested Parties Michigan House of Representatives, Michigan Senate. Reason: Amicus Curiae. (Porter, David)
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Filing 27
NOTICE of Appearance by Brett Swearingen on behalf of Livingston Educational Service Agency, Saginaw Intermediate School District, Walled Lake Consolidated School District, Wayne-Westland Community Schools. (Swearingen, Brett)
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Filing 26
CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney General served on 01/27/2022. (Murphy, Amy)
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Filing 25
CERTIFICATE of Service/Summons Returned Executed. Xavier Becerra, Secretary of Health and Human Services served on 01/26/2022. (Murphy, Amy)
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Filing 24
CERTIFICATE of Service/Summons Returned Executed. Department of Health and Human Services served on 01/26/2022. (Murphy, Amy)
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Filing 23
CERTIFICATE of Service/Summons Returned Executed. Jooyeun Chang, Ass't Sec'y and Principal Deputy Ass't Sec'y, Administration for Children and Families, DHHS served on 01/26/2022. (Murphy, Amy)
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Filing 22
CERTIFICATE of Service/Summons Returned Executed. Administration for Children and Families, DHHS served on 01/26/2022. (Murphy, Amy)
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Filing 21
CERTIFICATE of Service/Summons Returned Executed. Bernadine Futrell, Director of the Office of Head Start, DHHS served on 01/26/2022. (Murphy, Amy)
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Filing 20
ORDER granting in part and denying in part #12 Motion for Temporary Restraining Order - Signed by District Judge Nancy G. Edmunds. (LBar)
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Filing 19
REPLY to Response re #12 Emergency MOTION for Temporary Restraining Order filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1 - Declaration of Dr. Hubert) (Murphy, Amy)
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Filing 18
RESPONSE to #12 Emergency MOTION for Temporary Restraining Order filed by All Defendants. (Clendenen, Michael)
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Minute Entry for telephonic proceedings before District Judge Nancy G. Edmunds: Telephonic Status Conference held on 1/27/2022, Set Motion Deadlines as to #12 Emergency MOTION for Temporary Restraining Order: (Response due by 9:00 am on 1/31/2022) (Court Reporter: None Present, Not on the Record) (LBar)
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Filing 17
NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 1/27/2022 @ 2:00 PM before District Judge Nancy G. Edmunds (LBar)
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Filing 16
NOTICE of Appearance by Madeline McMahon on behalf of All Defendants. (McMahon, Madeline)
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Filing 15
NOTICE of Appearance by Breanne Gilliam on behalf of All Plaintiffs. (Gilliam, Breanne)
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Filing 14
NOTICE of Appearance by Michael Patrick Clendenen on behalf of All Defendants. (Clendenen, Michael)
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Filing 13
CERTIFICATE OF SERVICE by All Plaintiffs (Murphy, Amy)
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Filing 12
Emergency MOTION for Temporary Restraining Order by All Plaintiffs. (Murphy, Amy)
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Filing 11
NOTICE of Appearance by Christopher D. Edelman on behalf of All Defendants. (Edelman, Christopher)
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Filing 10
CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of All Defendants. (Murphy, Amy)
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Filing 9
AMENDED NOTICE OF IN PERSON HEARING on #5 MOTION for Preliminary Injunction. Response due by 2/14/2022; Reply due by 2/21/2022; and Motion Hearing set for 2/28/2022 @ 11:00 AM before District Judge Nancy G. Edmunds (LBar)
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Filing 8
NOTICE of Appearance by Rebecca L. Strauss on behalf of All Plaintiffs. (Strauss, Rebecca)
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Filing 7
NOTICE of Appearance by Robert T. Schindler on behalf of All Plaintiffs. (Schindler, Robert)
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Filing 6
CERTIFICATE OF SERVICE re #4 MOTION for Leave to File Excess Pages , #5 MOTION for Preliminary Injunction , Text-Only Order,, Set Motion and R&R Deadlines/Hearings, #2 Summons Issued, Order on Motion for Leave to File Excess Pages, #3 Summons Issued for US Attorney/Attorney General, #1 Complaint,,, by All Plaintiffs (Murphy, Amy)
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Filing 5
MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: #1 Index of Attachments, #2 Attachments) (Murphy, Amy)
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TEXT-ONLY ORDER Granting #4 Motion for Leave to File Excess Pages (Brief not to Exceed 40 Pages) - Signed by District Judge Nancy G. Edmunds. (LBar)
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TEXT-ONLY ORDER: In accordance with Rule 65(a), Plaintiffs shall promptly serve Defendants with a copy of the #1 Complaint and #5 Motion for Preliminary Injunction and file Proof of Service in the Record. Upon receipt, (Defendants may file a Response no later than 1/26/2022, and Plaintiffs may file a Reply no later than 5:00 pm on 1/27/2022 ) - Signed by District Judge Nancy G. Edmunds. (LBar)
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Filing 4
MOTION for Leave to File Excess Pages by All Plaintiffs. (Attachments: #1 Exhibit A) (Murphy, Amy)
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Filing 3
SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (SSch)
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Filing 2
SUMMONS Issued for *Administration for Children and Families, Administration for Children and Families, Assistant Secretary of, Department of Health and Human Services, Department of Health and Human Services, Secretary of, Office of Head Start, Director of* (SSch)
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A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (SSch)
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Filing 1
COMPLAINT Verified Complaint filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: AMIEDC-8763164 - Fee: $ 402. County of 1st Plaintiff: Livingston - County Where Action Arose: Livingston - County of 1st Defendant: Out of State. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Index of Exhibits Index of Exhibits, #2 Exhibit Exhibit 1 - Remarks by President Biden on Fighting the COVID-19 Pandemic, #3 Exhibit Exhibit 2 - December 15, 2021 Letter from Yasmina Vinci, Executive Director of the National Head Start Association, to Secretary Xavier Becerra) (Murphy, Amy)
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