SMITH et al v. BIDEN
| ERICH SMITH, FRANK E GARWOOD, MARIBEL LORENZO, DANIEL DONOFRIO, FRANK E. GARWOOD, JR. and DR. DANIEL DONOFRIO |
| PRESIDENT JOSEPH ROBINTETTE BIDEN, JR., PRESIDENT JOSEPH R. BIDEN, JR., MERRICK B. GARLAND, Commissioner KILOLO KIJAKAZI and UNITED STATES GOVERNMENT |
| 1:2021cv19457 |
| October 29, 2021 |
| US District Court for the District of New Jersey |
| Sharon A King |
| Christine P O'Hearn |
| Civil Rights: Other |
| 42 U.S.C. § 1981 |
| None |
Docket Report
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Filing 33
ORDER STAYING CASE pending the final resolution of Plaintiff's Appeal; ORDERED that the parties shall submit a joint status report addressing further proceedings within 15 days of the Third Circuit mandate issuing. Signed by Magistrate Judge Sharon A. King on 12/27/2021. (rtm, )
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Filing 32
Letter from the parties requesting the district court proceedings be stayed. (JUNEAU, ANGELA)
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Filing 31
AMENDED COMPLAINT against MERRICK B. GARLAND, KILOLO KIJAKAZI, UNITED STATES GOVERNMENT, filed by ERICH SMITH, DANIEL DONOFRIO, MARIBEL LORENZO, FRANK E. GARWOOD, JR. (Attachments: #1 Exhibit Transcript of President's speech, #2 Exhibit Modifications in an Emergency journal article, #3 Exhibit NYT article concerning how "vaccines" work, #4 Exhibit Moderna S-1 Excerpt, #5 Exhibit Pfizer Fact Sheet for Recipients and Caregivers, #6 Exhibit Moderna Fact Sheet for Recipients and Caregivers, #7 Exhibit Johnson and Johnson Fact Sheet for Recipients and Caregivers, #8 Exhibit Pfizer systemic reactions from CDC, #9 Exhibit Moderna systemic reactions from CDC, #10 Exhibit Janssen systemic reactions from CDC, #11 Exhibit DOJ press release on historic Pfizer fines, #12 Exhibit SEC charges Pfizer, #13 Exhibit Pfizer Detrol charges, #14 Exhibit Pfizer Nigerian children experimentation, #15 Exhibit DOJ press release J&J fines, #16 Exhibit Vaginal Mesh settlement, #17 Exhibit J&J criminal penalties, #18 Exhibit J&J subsidiary fined, #19 Exhibit Ortho fined, #20 Exhibit EO 14043, #21 Exhibit Task force on federal employees, #22 Exhibit 14042, #23 Exhibit Task force guidance contractors, #24 Civil Cover Sheet Civil Cover sheet)(WEFER, DANA)
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Filing 30
ORDER granting #13 Motion for Leave to File Amended Complaint. Plaintiffs shall file the Second Amended Complaint in the form attached to the motion by 12/20/2021. Signed by Magistrate Judge Sharon A. King on 12/6/2021. (dmr)
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Filing 29
Letter from Defendant regarding Plaintiffs' Motion for Leave to Amend re #13 First MOTION for Leave to File Second Amended Complaint. (JUNEAU, ANGELA)
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Filing 28
TRANSCRIPT REQUEST by DANIEL DONOFRIO, FRANK E. GARWOOD, JR, MARIBEL LORENZO, ERICH SMITH for proceedings held on November 8, 2021 before Judge Christine P. O'Hearn, (WEFER, DANA)
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Filing 27
ORDER granting letter request to adjourn the return date of the Motion to Amend to 12/20/2021. Signed by Magistrate Judge Sharon A. King on 11/19/2021. (dmr)
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Filing 26
Letter from Defendant seeking an adjournment of Plaintiffs' Motion for Leave to Amend. (JUNEAU, ANGELA)
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Set/Reset Deadlines as to #13 First MOTION for Leave to File Second Amended Complaint. Motion set for 12/20/2021 before Magistrate Judge Sharon A. King. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr)
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Filing 24
ORDER Denying as Moot #14 Motion to Expedite. Signed by Magistrate Judge Sharon A. King on 11/12/2021. (rtm, )
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Filing 25
Transcript of Proceedings held on 11/8/2021, before Judge CHRISTINE P. O'HEARN. Court Reporter/Transcriber Camille Pedano (609-774-1494). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter/Transcription Agency due, but not filed, by 12/2/2021. Redacted Transcript Deadline set for 12/13/2021. Release of Transcript Restriction set for 2/9/2022. (tf, )
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Filing 23
USCA Case Number 21-3091 for #22 Notice of Interlocutory Appeal, filed by FRANK E. GARWOOD, JR., MARIBEL LORENZO, ERICH SMITH, DANIEL DONOFRIO. USCA Case Manager Tim McIntyre (Document Restricted - Court Only) (ca3tmm, )
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Filing 22
NOTICE OF INTERLOCUTORY APPEAL as to #19 Opinion, #20 Order on Motion for TRO, Order on Motion for Preliminary Injunction by DANIEL DONOFRIO, FRANK E. GARWOOD, JR, MARIBEL LORENZO, ERICH SMITH. Filing fee $ 505, receipt number ANJDC-12972082. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. Appeal Record due by 12/8/2021. (WEFER, DANA)
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Set/Reset Deadlines as to #14 First MOTION to Expedite Plaintiffs' Motion for Leave to Amend, #13 First MOTION for Leave to File Second Amended Complaint. Motion set for 12/6/2021 before Magistrate Judge Sharon A. King. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr)
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Filing 21
Letter. (JUNEAU, ANGELA)
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Filing 20
ORDER denying plaintiff's #4 Motion for TRO; denying #4 Motion for Preliminary Injunction. Signed by Judge Christine P. O'Hearn on 11/8/2021. (db, )
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Filing 19
OPINION. Signed by Judge Christine P. O'Hearn on 11/8/2021. (db, )
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Filing 18
DECLARATION of Dana Wefer concerning exception requests by Plaintiffs by DANIEL DONOFRIO, FRANK E. GARWOOD, JR, MARIBEL LORENZO, ERICH SMITH. (WEFER, DANA)
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Filing 17
TEXT ORDER: Plaintiffs counsel shall file affidavits by 4:00 p.m. today indicating whether any of the Plaintiffs have requested an exception to Executive Order 14042 or 14043. The information provided shall be limited to the date on which any such request was submitted and the status of that request. So Ordered by Judge Christine P. O'Hearn on 11/8/2021. (db, )
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Filing 16
Minute Entry for proceedings held before Judge Christine P. O'Hearn: Show Cause Hearing Cause on why a Temporary Restraining Order should not be issued against Defendant. Ordered Decision Reserved. held on 11/8/2021. (Court Reporter, Camille Pedano) (db, )
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Filing 15
TEXT ORDER: Defendants request to file an overlength brief (ECF No. 11) is hereby GRANTED. So Ordered by Judge Christine P. O'Hearn on 11/8/2021. (db, ) Modified on 11/9/2021 (db).
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Filing 14
First MOTION to Expedite Plaintiffs' Motion for Leave to Amend by DANIEL DONOFRIO, FRANK E. GARWOOD, JR, MARIBEL LORENZO, ERICH SMITH. (Attachments: #1 Text of Proposed Order)(WEFER, DANA)
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Filing 13
First MOTION for Leave to File Second Amended Complaint by DANIEL DONOFRIO, FRANK E. GARWOOD, JR, MARIBEL LORENZO, ERICH SMITH. (Attachments: #1 Text of Proposed Order, #2 Exhibit Redlined Amendments)(WEFER, DANA)
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Filing 12
REPLY BRIEF to Opposition to Motion filed by DANIEL DONOFRIO, FRANK E. GARWOOD, JR, MARIBEL LORENZO, ERICH SMITH re #4 First MOTION for Temporary Restraining Order enjoining Executive Orders 14042 and 14043 from taking effectFirst MOTION for Preliminary Injunction enjoining executive orders 14042 and 14043 (WEFER, DANA)
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Filing 11
Letter from Defendant seeking leave to file an over-length brief re #9 Brief in Opposition to Motion,. (JUNEAU, ANGELA)
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Filing 10
NOTICE of Appearance by ANGELA JUNEAU on behalf of JOSEPH R. BIDEN, JR (JUNEAU, ANGELA)
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Filing 9
BRIEF in Opposition filed by JOSEPH R. BIDEN, JR re #4 First MOTION for Temporary Restraining Order enjoining Executive Orders 14042 and 14043 from taking effectFirst MOTION for Preliminary Injunction enjoining executive orders 14042 and 14043 (JUNEAU, ANGELA)
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Filing 8
Letter from Plaintiffs' counsel to prevent confusion due to captioning error on brief. (WEFER, DANA)
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Filing 7
CERTIFICATE OF SERVICE by DANIEL DONOFRIO, FRANK E. GARWOOD, JR, MARIBEL LORENZO, ERICH SMITH re #4 First MOTION for Temporary Restraining Order enjoining Executive Orders 14042 and 14043 from taking effectFirst MOTION for Preliminary Injunction enjoining executive orders 14042 and 14043 (WEFER, DANA)
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Filing 6
ORDER TO SHOW CAUSE: ORDERED that the defendant show cause before this court on November 8th, 2021 at 11:00 am in Courtroom 5A as to why a temporary restraining order and/or preliminary injunction should not be issued. Signed by Judge Christine P. O'Hearn on 11/4/2021. (db, )
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Filing 5
TEXT ORDER: Counsel shall promptly provide two (2) courtesy copies of all filed pleadings and motions to Chambers of the Hon. Christine P. OHearn. So Ordered by Judge Christine P. O'Hearn on 11/4/2021. (db, )
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Filing 4
First MOTION for Temporary Restraining Order enjoining Executive Orders 14042 and 14043 from taking effect, First MOTION for Preliminary Injunction enjoining executive orders 14042 and 14043 by DANIEL DONOFRIO, FRANK E. GARWOOD, JR, MARIBEL LORENZO, ERICH SMITH. (Attachments: #1 Declaration Declaration of Counsel with all exhibits, #2 Text of Proposed Order Text of proposed order, #3 Certificate of Service certificate of service)(WEFER, DANA)
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Filing 3
SUMMONS ISSUED as to JOSEPH R. BIDEN, JR. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (amv)
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CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Caption,Party Information, . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (amv)
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Judge Christine P. O'Hearn and Magistrate Judge Sharon A. King added. (dd, )
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Filing 2
AMENDED COMPLAINT against JOSEPH ROBINTETTE BIDEN, JR., filed by ERICH SMITH, DANIEL DONOFRIO, MARIBEL LORENZO, FRANK E GARWOOD. (Attachments: #1 Exhibit Transcript of President's Speech, #2 Exhibit Modifications in an Emergency paper, #3 Exhibit NYT How vaccines work, #4 Exhibit Moderna S-1 Excerpt, #5 Exhibit Pfizer Fact Sheet, #6 Exhibit Moderna Fact Sheet, #7 Exhibit J&J Fact sheet, #8 Exhibit Pfizer Systemic Reactions, #9 Exhibit Moderna Systemic Reactions, #10 Exhibit J&J Systemic Reactions, #11 Exhibit DOJ press release Pfizer historic settlement, #12 Exhibit SEC charges Pfizer, #13 Exhibit Pfizer illegal marketing Detrol, #14 Exhibit Pfizer settles with Nigerian gov't over testing on children, #15 Exhibit J&J historic settlement, #16 Exhibit AG's settle vaginal mesh, #17 Exhibit J&J FCPA, #18 Exhibit J&J subsidiary contaminated children's meds, #19 Exhibit J&J subsidiary fined for shredding evidence, #20 Exhibit EO 14043, #21 Exhibit Task Force on federal employees, #22 Exhibit EO 14042, #23 Exhibit Task force on federal contractors and subcontractors, #24 Civil Cover Sheet civil cover sheet)(WEFER, DANA)
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Filing 1
COMPLAINT against JOSEPH ROBINTETTE BIDEN, JR. ( Filing and Admin fee $ 402 receipt number CNJDC-12939336), filed by ERICH SMITH, DANIEL DONOFRIO, MARIBEL LORENZO, FRANK E GARWOOD. (Attachments: #1 Civil Cover Sheet JS-44, #2 Exhibit Transcript of President's speech, #3 Exhibit Modifications in an Emergency journal article, #4 Exhibit NYT article concerning how "vaccines" work, #5 Exhibit Moderna S-1 Excerpt, #6 Exhibit Pfizer Fact Sheet for Recipients and Caregivers, #7 Exhibit Moderna Fact Sheet for Recipients and Caregivers, #8 Exhibit Johnson and Johnson Fact Sheet for Recipients and Caregivers, #9 Exhibit Pfizer systemic reactions from CDC, #10 Exhibit Moderna systemic reactions from CDC, #11 Exhibit Janssen systemic reactions from CDC, #12 Exhibit DOJ press release on historic Pfizer fines, #13 Exhibit SEC press release on Pfizer and FCPA, #14 Exhibit DOH Press release Pfizer Detrol, #15 Exhibit Pfizer settlement for child experimentation in Nigeria, #16 Exhibit DOJ press release on J&J historic fines, #17 Exhibit AG announcement on vaginal mesh, #18 Exhibit DOJ press release on J&J FCPA violations, #19 Exhibit Press release of J&J subsidiary pleading guilty on contaminated children's medicine, #20 Exhibit NYT article on J&J subsidiary shredding evidential documents, #21 Exhibit EO 14043, #22 Exhibit Task Force implementation of EO 14043, #23 Exhibit EO 14042, #24 Exhibit Task Force Implementation of EO 14042)(WEFER, DANA)
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