Association of American Physicians & Surgeons v. Food & Drug Administration et al Featured Case
Plaintiff: Association of American Physicians & Surgeons
Defendant: Alex Azar, Food & Drug Administration, Dr. Stephen M. Hahn, Department of Health & Human Services, Biomedical Advanced Research & Development Authority, Gary L. Disbrow and Stephen M. Hahn
Case Number: 1:2020cv00493
Filed: June 2, 2020
Court: US District Court for the Western District of Michigan
Presiding Judge: Sally J Berens
Referring Judge: Robert J Jonker
Nature of Suit: Other Statutory Actions
Cause of Action: 05 U.S.C. ยง 551
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 31, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 31, 2020 Filing 17 RESPONSE TO MOTION to expedite #15 filed by Alex Azar, Biomedical Advanced Research & Development Authority, Department of Health & Human Services, Gary L. Disbrow, Food & Drug Administration, Stephen M. Hahn (Harlow, James)
July 31, 2020 Filing 16 REPLY to response to motion #10 filed by Alex Azar, Biomedical Advanced Research & Development Authority, Department of Health & Human Services, Gary L. Disbrow, Food & Drug Administration, Stephen M. Hahn (Harlow, James)
July 30, 2020 Filing 15 MOTION to expedite hearing or ruling by plaintiff Association of American Physicians & Surgeons (Schlafly, Andrew) Modified text on 7/31/2020 (pjw).
July 30, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of Andrew Schlafly on behalf of plaintiff Association of American Physicians & Surgeons (Schlafly, Andrew)
July 20, 2020 Filing 14 RESPONSE in opposition to MOTION to dismiss for lack of jurisdiction and failure to state a claim #10 filed by Association of American Physicians & Surgeons (Attachments: #1 Affidavit Joseph Decl, #2 Affidavit 2nd Snavely Decl) (Joseph, Lawrence)
July 20, 2020 Filing 13 REPLY to response to motion #8 filed by Association of American Physicians & Surgeons (Attachments: #1 Affidavit Joseph Decl, #2 Affidavit 2nd Snavely Decl) (Joseph, Lawrence)
July 10, 2020 Filing 12 RESPONSE in opposition to MOTION for preliminary injunction #8 filed by Alex Azar, Biomedical Advanced Research & Development Authority, Department of Health & Human Services, Gary L. Disbrow, Food & Drug Administration, Stephen M. Hahn; Note: Appears to be a duplicate of #11 (Harlow, James) Modified text on 7/13/2020 (pjw).
July 10, 2020 Filing 11 MEMORANDUM in support of Motion to Dismiss/Lack of Jurisdiction #10 and in Opposition to MOTION for preliminary injunction #8 filed by Alex Azar, Biomedical Advanced Research & Development Authority, Department of Health & Human Services, Gary L. Disbrow, Food & Drug Administration, Stephen M. Hahn (Harlow, James) Modified text on 7/13/2020 (pjw)
July 10, 2020 Filing 10 MOTION to dismiss for lack of jurisdiction and failure to state a claim by defendants Alex Azar, Biomedical Advanced Research & Development Authority, Department of Health & Human Services, Gary L. Disbrow, Food & Drug Administration, Stephen M. Hahn; (Attachments: #1 Proposed Order) (Harlow, James)
July 10, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of Ryan D. Cobb on behalf of defendants Alex Azar, Biomedical Advanced Research & Development Authority, Department of Health & Human Services, Gary L. Disbrow, Food & Drug Administration, Stephen M. Hahn as local counsel (Cobb, Ryan)
June 22, 2020 Filing 9 MEMORANDUM in support of Motion for Preliminary Injunction,, #8 filed by Association of American Physicians & Surgeons (Attachments: #1 Exhibit Ex 1 Orient Decl, #2 Exhibit Ex 2 Snavely Decl, #3 Exhibit Ex 3 Schlafly Decl, #4 Exhibit Ex 4 FDA revocation ltr, #5 Exhibit Ex 5 Bright compl, #6 Exhibit Ex 6 FDA Emerg Use Auth ltr, #7 Exhibit Ex 7 FDA revocation FAQs, #8 Exhibit Ex 8 ASPR document, #9 Exhibit Ex 9 Arkansas notice, #10 Exhibit Ex 10 Oregon order, #11 Exhibit Ex 11 FSMB notice, #12 Exhibit Ex 12 CDC guidance) (Joseph, Lawrence)
June 22, 2020 Filing 8 MOTION for preliminary injunction by plaintiff Association of American Physicians & Surgeons ; (Attachments: #1 Proposed Order Proposed Order, #2 Attachment Memo of Law in Support of Motion, #3 Exhibit Orient Decl, #4 Exhibit Snavely Decl, #5 Exhibit Schlafly Decl, #6 Exhibit FDA revocation letter, #7 Exhibit Bright compl, #8 Exhibit FDA Emerg Use Auth letter, #9 Exhibit FDA revocation FAQs, #10 Exhibit ASPR document, #11 Exhibit Arkansas notice, #12 Exhibit Oregon order, #13 Exhibit FSMB notice, #14 Exhibit CDC guidance) (Joseph, Lawrence)
June 22, 2020 Filing 7 STIPULATION and PROPOSED ORDER TO SET BRIEFING SCHEDULE FOR PLAINTIFFS MOTION FOR INTERIM RELIEF AND DEFENDANTS MOTION TO DISMISS by plaintiff Association of American Physicians & Surgeons (Joseph, Lawrence)
June 17, 2020 (NON-DOCUMENT) ATTORNEY APPEARANCE of James W. Harlow on behalf of defendants Alex Azar, Biomedical Advanced Research & Development Authority, Department of Health & Human Services, Gary L. Disbrow, Food & Drug Administration, Stephen M. Hahn (Harlow, James)
June 5, 2020 Filing 6 SUMMONS ISSUED as to defendants Alex Azar, Biomedical Advanced Research & Development Authority, Department of Health & Human Services, Gary L. Disbrow, Food & Drug Administration, Stephen M. Hahn, U.S. Attorney and U.S. Attorney General (pjw)
June 4, 2020 Filing 5 PROPOSED SUMMONS to be issued re #1 (Joseph, Lawrence)
June 4, 2020 Filing 4 NOTICE that this case has been assigned Robert J. Jonker (pjw)
June 4, 2020 SUMMONS NOT ISSUED as to defendants Alex Azar, Biomedical Advanced Research & Development Authority, Department of Health & Human Services, Gary L. Disbrow, Food & Drug Administration, Stephen M. Hahn (none provided) (pjw)
June 3, 2020 Filing 3 Memorandum regarding potentially related case returned to Clerk from Magistrate Judge Phillip J. Green indicating that this case is not related to case 1:20-cv-323 (jmw)
June 2, 2020 Filing 2 CORPORATE DISCLOSURE STATEMENT by Association of American Physicians & Surgeons (Joseph, Lawrence)
June 2, 2020 Filing 1 COMPLAINT for declaratory and injunctive relief against all defendants filed by Association of American Physicians & Surgeons (Joseph, Lawrence) Modified text on 6/4/2020 (pjw).
June 2, 2020 Filing 1 COMPLAINT for declaratory and injunctive relief against all defendants filed by Association of American Physicians & Surgeons (Joseph, Lawrence) Modified text on 6/4/2020 (pjw).
June 2, 2020 FILING FEE PAID re #1 by plaintiff Association of American Physicians & Surgeons in the amount of $400, receipt number AMIWDC-5304547 (Joseph, Lawrence)

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Defendant: Alex Azar
Represented By: James W. Harlow
Represented By: Ryan D. Cobb
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Defendant: Food & Drug Administration
Represented By: James W. Harlow
Represented By: Ryan D. Cobb
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Defendant: Dr. Stephen M. Hahn
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Defendant: Department of Health & Human Services
Represented By: James W. Harlow
Represented By: Ryan D. Cobb
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Defendant: Biomedical Advanced Research & Development Authority
Represented By: James W. Harlow
Represented By: Ryan D. Cobb
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Defendant: Gary L. Disbrow
Represented By: James W. Harlow
Represented By: Ryan D. Cobb
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Defendant: Stephen M. Hahn
Represented By: James W. Harlow
Represented By: Ryan D. Cobb
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Plaintiff: Association of American Physicians & Surgeons
Represented By: Lawrence J. Joseph
Represented By: Andrew Schlafly
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