Skyworks, Ltd., et al v Centers for Disease Control and Prevention et al
| Cedarwood Village Apartments I & II Owner B, LLC, Monarch Investment and Management Group, Toledo Properties Owner B, LLC, National Association of Homebuilders and Skyworks, Ltd. |
| U.S. Department of Health and Human Services, Alex Azar, Nina B. Witkofsky, Robert R. Redfield, William P. Barr and Centers for Disease Control and Prevention |
| Julia Raifman, Sabriya A Linton, Community Legal Aid Services, Inc., Michael Z Levy, National Association of Residential Property Managers, New Civil Liberties Alliance, American Academy of Pediatrics, Childrens Healthwatch, Danya A Keene, Peter Hepburn, Craig E Pollack, David Vlahov, Emily A Benfer, National Apartment Association, Matthew Desmond, Public Health Law Watch, Kathryn M Leifheit, American Medical Association, George Consortium, GLMA: Health Professionals Advancing LGBTQ Equality, Gabriel L Schwartz, Gregg Gonsalves, National Housing Law Project, National Medical Association, Ohio Chapter of the American Academy of Pediatrics and Coalition on Homelessness and Housing in Ohio |
| 5:2020cv02407 |
| October 23, 2020 |
| US District Court for the Northern District of Ohio |
| John R Adams |
| J Philip Calabrese |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 2201 |
| None |
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| IMPORTANT: Notice [non-document] The Court schedules a telephone status conference in this matter for Tuesday, December 22, 2020 at 4:00 p.m. to discuss: the timing and logistics for a hearing and/or argument on Plaintiffs' motion for preliminary injunction, including (1) any evidentiary issues and stipulations; (2) the conduct of the hearing consistent with social distancing protocols, public access, and Amended General Order 2020-08-04; and (3) scheduling the hearing/argument based on these considerations, as well as any intervening congressional or executive action. The telephone status conference will be transcribed on the record unless the parties jointly request otherwise. Before the telephone conference, the Court requests that counsel confer regarding these issues to identify areas of agreement and disagreement to make the most efficient use of everyone's time. The Court will email dial-in information to counsel who signed Plaintiffs and Defendants briefs, who shall forward it to the appropriate attorneys who need to participate in this telephone conference. Amici will not join the call. If trial counsel for Plaintiffs or Defendants are not available at this time, they are directed to confer and advise the Court of three times when they are both available. (Y,A) |
Order (non-document) of case reassignment to Judge J. Philip Calabrese pursuant to General Order 2020-27. Chief Judge Patricia A. Gaughan on December 7, 2020. Related document(s) #12 . (L,MI)
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| Filing 39 Notice of Supplemental Authority filed by All Defendants. Related document(s) #23 .(Vigen, Leslie) |
| Filing 38 Amicus Brief in Support of Defendants filed by American Medical Association, Emily Benfer, Childrens Healthwatch, Coalition on Homelessness and Housing in Ohio, Matthew Desmond, GLMA: Health Professionals Advancing LGBTQ Equality, Gregg Gonsalves, Peter Hepburn, Danya Keene, Kathryn Leifheit, Michael Levy, Sabriya Linton, National Medical Association, Ohio Chapter of the American Academy of Pediatrics, Craig Pollack, Public Health Law Watch, Julia Raifman, Gabriel Schwartz, The American Academy of Pediatrics, The George Consortium, David Vlahov. Related document(s) #28 , #27 . (Currie, Matthew) |
| Filing 37 Amicus Brief in Support of Defendants filed by Community Legal Aid Services, Inc., National Housing Law Project. Related document(s) #12 , #23 . (Neuhauser, Andrew) |
| Filing 36 Declaration of Eric Dunn in Support of Admission Pro Hac Vice, filed by Community Legal Aid Services, Inc., National Housing Law Project. Related document(s) #32 . (Neuhauser, Andrew) |
| Filing 35 Amicus Brief in Support of Plaintiffs' Motion for Preliminary Injunction filed by National Apartment Association, National Association of Residential Property Managers, New Civil Liberties Alliance. Related document(s) #12 . (Kruckenberg, Caleb) |
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Filing 34
Order granting New Civil Liberties Alliance's Motion for leave to file amici brief (Related Doc #20 ); denying as moot the CDC's Motion for leave to file amici brief (Related Doc #27 ); granting the CDC's Motion for leave to file a corrected amici brief (Related Doc #28 ); granting the National Housing Law Project's Motion for leave to file an amici brief (Related Doc #31 ). See order for further details regarding such briefing. Judge John R. Adams on 12/2/2020.(L,J)
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Order [non-document] granting Motion for appearance pro hac vice by attorney John L. Pottenger, Jr for American Medical Association,John L. Pottenger, Jr for Emily A Benfer,John L. Pottenger, Jr for Childrens Healthwatch,John L. Pottenger, Jr for Coalition on Homelessness and Housing in Ohio,John L. Pottenger, Jr for Matthew Desmond,John L. Pottenger, Jr for GLMA: Health Professionals Advancing LGBTQ Equality,John L. Pottenger, Jr for Gregg Gonsalves,John L. Pottenger, Jr for Peter Hepburn,John L. Pottenger, Jr for Danya A Keene,John L. Pottenger, Jr for Kathryn M Leifheit,John L. Pottenger, Jr for Michael Z Levy,John L. Pottenger, Jr for Sabriya A Linton,John L. Pottenger, Jr for National Medical Association,John L. Pottenger, Jr for Ohio Chapter of the American Academy of Pediatrics,John L. Pottenger, Jr for Craig E Pollack,John L. Pottenger, Jr for Public Health Law Watch,John L. Pottenger, Jr for Julia Raifman,John L. Pottenger, Jr for Gabriel L Schwartz,John L. Pottenger, Jr for The American Academy of Pediatrics,John L. Pottenger, Jr for The George Consortium,John L. Pottenger, Jr for David Vlahov. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #30 ). Judge John R. Adams on 12/2/2020.(M,TL)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Emily A. Benfer for American Medical Association,Emily A. Benfer for Emily A Benfer,Emily A. Benfer for Childrens Healthwatch,Emily A. Benfer for Coalition on Homelessness and Housing in Ohio,Emily A. Benfer for Matthew Desmond,Emily A. Benfer for GLMA: Health Professionals Advancing LGBTQ Equality,Emily A. Benfer for Gregg Gonsalves,Emily A. Benfer for Peter Hepburn,Emily A. Benfer for Danya A Keene,Emily A. Benfer for Kathryn M Leifheit,Emily A. Benfer for Michael Z Levy,Emily A. Benfer for Sabriya A Linton,Emily A. Benfer for National Medical Association,Emily A. Benfer for Ohio Chapter of the American Academy of Pediatrics,Emily A. Benfer for Craig E Pollack,Emily A. Benfer for Public Health Law Watch,Emily A. Benfer for Julia Raifman,Emily A. Benfer for Gabriel L Schwartz,Emily A. Benfer for The American Academy of Pediatrics,Emily A. Benfer for The George Consortium,Emily A. Benfer for David Vlahov. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #29 ). Judge John R. Adams on 12/2/2020.(M,TL)
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| Filing 33 Reply in support of #12 Motion for preliminary injunction filed by All Plaintiffs. (Attachments: #1 Exhibit A - Declaration of Lance Swank, #2 Exhibit B - Declaration of Kenneth Lawler)(Simpson, Steven) |
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Order [non-document]granting Motion for appearance pro hac vice by attorney Eric G. Dunn for National Housing Law Project and Community Legal Aid Services, Inc. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #32 ). Judge John R. Adams on 12/1/20.(K,C)
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| Filing 32 Motion for attorney Eric G. Dunn to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10455712, filed by Community Legal Aid Services, Inc., National Housing Law Project. (Attachments: #1 Exhibit Declaration of Eric Dunn in Support of Admission Pro Hac Vice - document does not contain an original signature)(Neuhauser, Andrew) Modified text on 12/2/2020 (M,TL). |
| Filing 31 Motion for leave to File Brief of Amici Curiae in Support of Defendants filed by Community Legal Aid Services, Inc., National Housing Law Project. (Attachments: #1 Exhibit Brief of Amici Curiae in Support of Defendants)(Neuhauser, Andrew) |
| Filing 30 Motion for attorney John L. Pottenger, Jr. to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10450502, filed by American Medical Association, Emily Benfer, Childrens Healthwatch, Coalition on Homelessness and Housing in Ohio, Matthew Desmond, GLMA: Health Professionals Advancing LGBTQ Equality, Gregg Gonsalves, Peter Hepburn, Danya Keene, Kathryn Leifheit, Michael Levy, Sabriya Linton, National Medical Association, Ohio Chapter of the American Academy of Pediatrics, Craig Pollack, Public Health Law Watch, Julia Raifman, Gabriel Schwartz, The American Academy of Pediatrics, The George Consortium, David Vlahov. Related document(s) #27 . (Attachments: #1 Declaration of Professor John L. Pottenger, Jr.)(Currie, Matthew) |
| Filing 29 Motion for Admission Pro Hac Vice OF Emily A. Benfer. Filing fee $ 120, receipt number AOHNDC-10450422, filed by American Medical Association, Emily Benfer, Childrens Healthwatch, Coalition on Homelessness and Housing in Ohio, Matthew Desmond, GLMA: Health Professionals Advancing LGBTQ Equality, Gregg Gonsalves, Peter Hepburn, Danya Keene, Kathryn Leifheit, Michael Levy, Sabriya Linton, National Medical Association, Ohio Chapter of the American Academy of Pediatrics, Craig Pollack, Public Health Law Watch, Julia Raifman, Gabriel Schwartz, The American Academy of Pediatrics, The George Consortium, David Vlahov. Related document(s) #27 . (Attachments: #1 Declaration of Professor Emily A. Benfer)(Currie, Matthew) |
| Filing 28 Motion to file Corrected brief of Amici Curiae in support of Defendants filed by American Medical Association, Emily Benfer, Childrens Healthwatch, Coalition on Homelessness and Housing in Ohio, Matthew Desmond, GLMA: Health Professionals Advancing LGBTQ Equality, Gregg Gonsalves, Peter Hepburn, Danya Keene, Kathryn Leifheit, Michael Levy, Sabriya Linton, National Medical Association, Ohio Chapter of the American Academy of Pediatrics, Craig Pollack, Public Health Law Watch, Julia Raifman, Gabriel Schwartz, The American Academy of Pediatrics, The George Consortium, David Vlahov. Related document(s) #27 . (Attachments: #1 Brief of Amici Curiae in support of Defendants) (Currie, Matthew) |
| Filing 27 Motion for leave to file brief of Amici Curiae in support of Defendants and for extension of page limit filed by The American Academy of Pediatrics, American Medical Association, Childrens Healthwatch, Coalition on Homelessness and Housing in Ohio, The George Consortium, GLMA: Health Professionals Advancing LGBTQ Equality, National Medical Association, Ohio Chapter of the American Academy of Pediatrics, Public Health Law Watch, Emily A Benfer, Matthew Desmond, Gregg Gonsalves, Peter Hepburn, Danya A Keene, Kathryn M Leifheit, Michael Z Levy, Sabriya A Linton, Craig E Pollack, Julia Raifman, Gabriel L Schwartz, David Vlahov. (Attachments: #1 Brief of Amici Curiae) (Currie, Matthew) |
| Filing 26 Marginal Entry Order granting Plaintiffs' Motion to exceed page limitations and extend the time to file their reply (Related Doc #24 ). Reply may extend to 20 pages and shall be filed no later than 12/1/2020. Judge John R. Adams on 11/23/2020.(L,J) |
| Filing 25 Marginal Entry Order granting Defendants' Motion to exceed page limitations (Related Doc #22 ). Defendants' opposition is deemed properly filed. Judge John R. Adams on 11/23/2020.(L,J) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Caleb Kruckenberg for National Apartment Association,Caleb Kruckenberg for National Association of Residential Property Managers,Caleb Kruckenberg for New Civil Liberties Alliance. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #21 ). Judge John R. Adams on 11/23/2020.(M,TL)
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| Filing 24 Unopposed Motion for leave to exceed page limitations and to extend time until December 1, 2020 for filing their forthcoming reply brief in support of their #12 motion for preliminary injunction filed by Cedarwood Village Apartments I & II Owner B, LLC, Monarch Investment and Management Group, National Association of Homebuilders, Skyworks, Ltd., Toledo Properties Owner B, LLC. (Wake, Luke) |
| Filing 23 Opposition to #12 Motion for preliminary injunction filed by All Defendants. (Attachments: #1 Exhibit Order in Tiger Lily v. U.S. Dep't of Housing & Urban Dev., No. 20-2692 (W.D. Tenn. Nov. 6, 2020), #2 Exhibit Order in KBW Investment Props. v. Azar, No. 20-4852 (S.D. Ohio Sept. 25, 2020))(Vigen, Leslie) |
| Filing 22 Unopposed Motion for leave to exceed page limitations filed by Alex Azar, William P. Barr, Centers for Disease Control and Prevention, Robert R. Redfield, U.S. Department of Health and Human Services, Nina B. Witkofsky. (Attachments: #1 Proposed Order)(Vigen, Leslie) |
| Filing 21 Motion for attorney Caleb Kruckenberg to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10429971, filed by National Apartment Association, National Association of Residential Property Managers, New Civil Liberties Alliance. (Martinson, Cory) |
| Filing 20 Motion for leave to File Amicus Brief filed by New Civil Liberties Alliance, National Association of Residential Property Managers, National Apartment Association. (Martinson, Cory) |
| Filing 19 Declaration of Service by certified mail with delivery confirmation executed upon All Defendants, filed on behalf of All Plaintiffs (Related document(s) #3 ). (Attachments: #1 Affidavit of mailing for each defendant) (Marcley, Hannah) |
| Filing 18 Attorney Appearance by Steven A Myers filed by on behalf of All Defendants. (Myers, Steven) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Hannah S. Marcley for Cedarwood Village Apartments I & II Owner B, LLC,Hannah S. Marcley for Monarch Investment and Management Group,Hannah S. Marcley for National Association of Homebuilders,Hannah S. Marcley for Skyworks, Ltd.,Hannah S. Marcley for Toledo Properties Owner B, LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #16 ). Judge John R. Adams on 11/9/2020.(M,TL)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Luke A. Wake for Cedarwood Village Apartments I & II Owner B, LLC,Luke A. Wake for Monarch Investment and Management Group,Luke A. Wake for National Association of Homebuilders,Luke A. Wake for Skyworks, Ltd.,Luke A. Wake for Toledo Properties Owner B, LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #8 ). Judge John R. Adams on 11/9/2020.(M,TL)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Ethan W. Blevins for Cedarwood Village Apartments I & II Owner B, LLC,Ethan W. Blevins for Monarch Investment and Management Group,Ethan W. Blevins for National Association of Homebuilders,Ethan W. Blevins for Skyworks, Ltd.. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #17 ). Judge John R. Adams on 11/9/2020.(M,TL)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Steven M. Simpson for Cedarwood Village Apartments I & II Owner B, LLC,Steven M. Simpson for Monarch Investment and Management Group,Steven M. Simpson for National Association of Homebuilders,Steven M. Simpson for Skyworks, Ltd.,Steven M. Simpson for Toledo Properties Owner B, LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #9 ). Judge John R. Adams on 11/9/2020.(M,TL)
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| Filing 17 Motion for attorney Ethan W. Blevins to Appear Pro Hac Vice and Statement in Support. Filing fee $ 120, receipt number AOHNDC-10402624, filed by Cedarwood Village Apartments I & II Owner B, LLC, Monarch Investment and Management Group, National Association of Homebuilders, Skyworks, Ltd., Toledo Properties Owner B, LLC. (Attachments: #1 Cert. of Good Standing)(Thompson, Maurice) |
| Filing 16 Motion for attorney Hannah S. Marcley to Appear Pro Hac Vice with Statement in Support. Filing fee $ 120, receipt number BOHNDC-10402571, filed by Cedarwood Village Apartments I & II Owner B, LLC, Monarch Investment and Management Group, National Association of Homebuilders, Skyworks, Ltd., Toledo Properties Owner B, LLC. (Thompson, Maurice) |
| Filing 15 Attorney Appearance by Leslie Cooper Vigen filed by on behalf of All Defendants. (Vigen, Leslie) |
| Filing 14 Original Summons issued to counsel for service upon Alex Azar. Related Document: #13 . (T,Je) |
| Filing 13 Praecipe for issuance of Original Summons to Defendant Alex Azar filed by All Plaintiffs. (Attachments: #1 Summons)(Thompson, Maurice) |
| Filing 12 Motion for preliminary injunction filed by Cedarwood Village Apartments I & II Owner B, LLC, Monarch Investment and Management Group, National Association of Homebuilders, Skyworks, Ltd., Toledo Properties Owner B, LLC. (Attachments: #1 Proposed Order, #2 Exhibit Declarations of Neal Cusick, Richard DiBianca, Lila Wholwend, and Dean Schwanke)(Thompson, Maurice) |
| Filing 11 Supplement to Statement of Steven M. Simpson filed by All Plaintiffs. (Attachments: #1 Exhibit updated certificate of good standing of Steven Simpson)Related document(s) #9 .(Thompson, Maurice) |
| Filing 10 Marginal Entry Order granting Plaintiffs' Motion to exceed page limitations (Related Doc #7 ). Plaintiffs' motion and Defendants' opposition may both extend to 30 pages. Absent leave of Court, any reply shall not exceed 15 pages. Judge John R. Adams on 10/29/2020.(L,J) |
| Filing 9 Motion for attorney Steven M. Simpson to Appear Pro Hac Vice with Statement of Steven M. Simpson and Certificate of Good Standing (outdated). Filing fee $ 120, receipt number AOHNDC-10380160, filed by Cedarwood Village Apartments I & II Owner B, LLC, Monarch Investment and Management Group, National Association of Homebuilders, Skyworks, Ltd., Toledo Properties Owner B, LLC. (Thompson, Maurice) Modified text on 10/29/2020 (M,TL). |
| Filing 8 Motion for attorney Luke Wake to Appear Pro Hac Vice with Statement of Luke A. Wake and Certificate of Good Standing. Filing fee $ 120, receipt number AOHNDC-10380149, filed by Cedarwood Village Apartments I & II Owner B, LLC, Monarch Investment and Management Group, National Association of Homebuilders, Skyworks, Ltd., Toledo Properties Owner B, LLC. (Thompson, Maurice) Modified text on 10/29/2020 (M,TL). |
| Filing 7 Unopposed Motion for leave to exceed page limitations filed by Cedarwood Village Apartments I & II Owner B, LLC, Monarch Investment and Management Group, National Association of Homebuilders, Skyworks, Ltd., Toledo Properties Owner B, LLC. (Attachments: # 1 Proposed Order Granting Unopposed Motion for Leave)(Thompson, Maurice) |
| Filing 6 FILING ERROR - Document Corrupt - Attorney to refile - Amended Praecipe for issuance of Original Summons filed by All Plaintiffs. (Attachments: #1 Summons Summons to Defendant Azar)(Thompson, Maurice) Modified to note filing error on 10/28/2020 (T,Je). |
| Filing 5 FILING ERROR - Document corrupt - Attorney to refile- Praecipe for issuance of Original Summons to Defendant Alex Azar filed by All Plaintiffs. (Attachments: #1 Supplement Summons to Defendant Azar)(Thompson, Maurice) Modified to note filing error on 10/28/2020 (T,Je). |
| Filing 4 Proposed Summons to Defendant Alex Azar filed by All Plaintiffs. Related document(s) #1 .(Thompson, Maurice) |
| Filing 3 Original Summons and Magistrate Consent Form issued for service upon William P. Barr, Centers for Disease Control and Prevention, Robert R. Redfield, U.S. Department of Health and Human Services, Nina B. Witkofsky. (Attachments: #1 Magistrate Consent Form) (M,TL) |
| Filing 2 Civil cover sheet filed by All Plaintiffs. Related document(s) #1 .(Thompson, Maurice) |
| Filing 1 Complaint against Centers for Disease Control and Prevention. Filing fee paid $ 400, Receipt number AOHNDC-10366612.. Filed by Skyworks, ltd. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons) (Thompson, Maurice) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (M,TL) |
| Judge John R. Adams assigned to case. (M,TL) |
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