Leathers et al v. United States et al
Plaintiff: Anne M Leathers, Michael Roe, Jr., Lonnie Pittman, Heather Falzone, Linda McAllister, Lynda Murray, Amy Abahazie-Young, Tania Bartell, Camie McCorkle and Christina Henry
Defendant: United States, Joseph R Biden, Department of Health and Human Services, Secretary Department of Health and Human Services, Center for Disease Control and Prevention, Director Centers for Disease Control and Prevention, Food and Drug Administration, Commissioner Food and Drug Administration, National Institute of Health, Director National Institutes of Health, National Institute for Allergy and Infectious Diseases, Acting Director National Institute for Allergy and Infectious, U.S. Surgeon General, United States Department of Homeland Security, Secretary United States Department of Homeland Security, Administrator Federal Emergency Management Agency, Pfizer, Inc. and The Ad Council
Case Number: 1:2023cv00175
Filed: March 27, 2023
Court: US District Court for the Southern District of Ohio
Presiding Judge: Jeffery P Hopkins
Nature of Suit: Civil Rights: Other
Cause of Action: 05 U.S.C. § 551 Administrative Procedure Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 11, 2023 Filing 17 MOTION to Stay by Defendants Acting Director National Institute for Allergy and Infectious, Administrator Federal Emergency Management Agency, Joseph R Biden, Center for Disease Control and Prevention, Commissioner Food and Drug Administration, Department of Health and Human Services, Director Centers for Disease Control and Prevention, Director National Institutes of Health, Food and Drug Administration, National Institute for Allergy and Infectious Diseases, National Institute of Health, Secretary Department of Health and Human Services, Secretary United States Department of Homeland Security, Secretary United States Department of Homeland Security, U.S. Surgeon General, United States, United States Department of Homeland Security. (Attachments: #1 Text of Proposed Order) (Harlow, James)
May 11, 2023 Filing 16 MOTION to Dismiss Under Federal Rule of Civil Procedure 41(b) by Defendants Acting Director National Institute for Allergy and Infectious, Administrator Federal Emergency Management Agency, Joseph R Biden, Center for Disease Control and Prevention, Commissioner Food and Drug Administration, Department of Health and Human Services, Director Centers for Disease Control and Prevention, Director National Institutes of Health, Food and Drug Administration, National Institute for Allergy and Infectious Diseases, National Institute of Health, Secretary Department of Health and Human Services, Secretary United States Department of Homeland Security, Secretary United States Department of Homeland Security, U.S. Surgeon General, United States, United States Department of Homeland Security. (Attachments: #1 Text of Proposed Order) (Harlow, James)
May 11, 2023 Filing 15 NOTICE of Appearance by James William Harlow for Defendants Acting Director National Institute for Allergy and Infectious, Administrator Federal Emergency Management Agency, Joseph R Biden, Center for Disease Control and Prevention, Commissioner Food and Drug Administration, Department of Health and Human Services, Director Centers for Disease Control and Prevention, Director National Institutes of Health, Food and Drug Administration, National Institute for Allergy and Infectious Diseases, National Institute of Health, Secretary Department of Health and Human Services, Secretary United States Department of Homeland Security, Secretary United States Department of Homeland Security, U.S. Surgeon General, United States, United States Department of Homeland Security (Harlow, James)
May 10, 2023 Filing 14 SUMMONS Returned Executed as to Defendants Acting Director National Institute for Allergy and Infectious served on 4/17/2023, answer due 6/16/2023; Administrator Federal Emergency Management Agency served on 4/17/2023, answer due 6/16/2023; Joseph R Biden served on 4/17/2023, answer due 6/16/2023; Center for Disease Control and Prevention served on 4/17/2023, answer due 6/16/2023; Commissioner Food and Drug Administration served on 4/17/2023, answer due 6/16/2023; Department of Health and Human Services served on 4/17/2023, answer due 6/16/2023; Director Centers for Disease Control and Prevention served on 4/17/2023, answer due 6/16/2023; Director National Institutes of Health served on 4/17/2023, answer due 6/16/2023; Food and Drug Administration served on 4/17/2023, answer due 6/16/2023; National Institute for Allergy and Infectious Diseases served on 4/17/2023, answer due 6/16/2023; National Institute of Health served on 4/17/2023, answer due 6/16/2023; Secretary Department of Health and Human Services served on 4/17/2023, answer due 6/16/2023; Secretary United States Department of Homeland Security served on 4/17/2023, answer due 6/16/2023; U.S. Surgeon General served on 4/17/2023, answer due 6/16/2023; United States served on 4/17/2023, answer due 6/16/2023; United States Department of Homeland Security served on 4/17/2023, answer due 6/16/2023. (Answer Deadline calculated per service upon the United States Attorney). (eh)
April 21, 2023 Filing 13 SUMMONS Returned Executed as to Defendants National Institute for Allergy and Infectious Diseases, Attorney General of the United States/US Dept of Justice. National Institute for Allergy and Infectious Diseases served on 4/18/2023, answer due 5/9/2023; United States served on 4/18/2023, answer due 5/9/2023. (md)
April 13, 2023 Filing 12 Certificate of Mailing: Certified mailing of summons and complaint through the Clerk's Office pursuant to Local Rule 4.2. (Attachments: #1 Certified Mail Receipt) (bjc)
March 30, 2023 Filing 11 Summons Issued as to United States c/o U.S. Attorney. (eh)
March 29, 2023 Filing 10 NOTICE by Plaintiff Anne M Leathers Summons Form U.S. Attorney (Smith, George)
March 28, 2023 Filing 9 NOTICE by Plaintiff Anne M Leathers Exhibit to doc #1 E--FDA Letter to Federation of State Medical Boards (Smith, George) Modified (re-filed exhibits) to make text searchable on 3/28/2023 (md).
March 28, 2023 Filing 8 NOTICE by Plaintiff Anne M Leathers Exhibit to doc #1 D--BNT162b2 2.7.4 Summary of Clinical Safety, Table 16 (Smith, George) Modified (re-filed exhibits) to make text searchable on 3/28/2023 (md).
March 28, 2023 Filing 7 NOTICE by Plaintiff Anne M Leathers Exhibit to doc #1 C--Childrens Health Defense letter sent via email to Dr. Califf, Dr. Walensky, Sec. Becerra, Dr. Marks and VRBPAC members (Smith, George) Modified (re-filed exhibits) to make text searchable on 3/28/2023 (md).
March 28, 2023 Filing 6 NOTICE by Plaintiff Anne M Leathers Exhibit to doc #1 B--Pfizers 5.3.6 Cumulative Analysis of Post Authorization Adverse Events Reports (Smith, George) Modified (re-filed exhibits) to make text searchable on 3/28/2023 (md).
March 28, 2023 Filing 5 NOTICE by Plaintiff Anne M Leathers Exhibit to doc #1 A--August 23, 2021 FDA Approval Letter (Pfizer) (Smith, George) Modified (re-filed exhibits) to make text searchable on 3/28/2023 (md).
March 28, 2023 Filing 4 Summons Issued as to Acting Director National Institute for Allergy and Infectious, Administrator Federal Emergency Management Agency, Joseph R Biden, Center for Disease Control and Prevention, Commissioner Food and Drug Administration, Department of Health and Human Services, Director Centers for Disease Control and Prevention, Director National Institutes of Health, Food and Drug Administration, National Institute for Allergy and Infectious Diseases, National Institute of Health, Secretary Department of Health and Human Services, Secretary United States Department of Homeland Security, U.S. Surgeon General, United States, United States Department of Homeland Security. (md)
March 28, 2023 Filing 3 NOTICE by Plaintiff Anne M Leathers re #1 Complaint,,,,, Civil Cover Sheet (Smith, George)
March 28, 2023 Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-9339607), filed by Anne M Leathers. (Attachments: #1 Exhibit Exhibit A--August 23, 2021 FDA Approval Letter (Pfizer), #2 Exhibit Exhibit B--Pfizers 5.3.6 Cumulative Analysis of Post Authorization Adverse Events Reports, #3 Exhibit Exhibit C--Childrens Health Defense letter, #4 Exhibit Exhibit D--BNT162b2 2.7.4 Summary of Clinical Safety, Table 16, #5 Exhibit Exhibit E--FDA Letter to Federation of State Medical Boards, #6 Summons Form Summons--Mayorkas (DHS), #7 Summons Form Summons--Auchincloss (NIAID), #8 Summons Form Summons--Becerra (HHS), #9 Summons Form Summons--Biden, #10 Summons Form Summons--Califf (FDA), #11 Summons Form Summons--CDC, #12 Summons Form Summons--Criswell (FEMA), #13 Summons Form Summons--DHS, #14 Summons Form Summons--FDA, #15 Summons Form Summons--HHS, #16 Summons Form Summons--NIAID, #17 Summons Form Summons--NIH, #18 Summons Form Summons--U.S. Surgeon General Murthy, #19 Summons Form Summons--Tabak (NIH), #20 Summons Form Summons--U.S.A., #21 Summons Form Summons--U.S. Attorney General, #22 Summons Form Summons--Walensky (CDC)) (Smith, George)
March 28, 2023 If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (md)

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Search for this case: Leathers et al v. United States et al
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Plaintiff: Anne M Leathers
Represented By: George Roger Smith, Jr
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Plaintiff: Michael Roe, Jr.
Represented By: George Roger Smith, Jr
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Plaintiff: Lonnie Pittman
Represented By: George Roger Smith, Jr
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Plaintiff: Heather Falzone
Represented By: George Roger Smith, Jr
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Plaintiff: Linda McAllister
Represented By: George Roger Smith, Jr
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Plaintiff: Lynda Murray
Represented By: George Roger Smith, Jr
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Plaintiff: Amy Abahazie-Young
Represented By: George Roger Smith, Jr
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Plaintiff: Tania Bartell
Represented By: George Roger Smith, Jr
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Plaintiff: Camie McCorkle
Represented By: George Roger Smith, Jr
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Plaintiff: Christina Henry
Represented By: George Roger Smith, Jr
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Defendant: United States
Represented By: James William Harlow
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Defendant: Joseph R Biden
Represented By: James William Harlow
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Defendant: Department of Health and Human Services
Represented By: James William Harlow
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Defendant: Secretary Department of Health and Human Services
Represented By: James William Harlow
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Defendant: Center for Disease Control and Prevention
Represented By: James William Harlow
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Defendant: Director Centers for Disease Control and Prevention
Represented By: James William Harlow
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Defendant: Food and Drug Administration
Represented By: James William Harlow
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Defendant: Commissioner Food and Drug Administration
Represented By: James William Harlow
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Defendant: National Institute of Health
Represented By: James William Harlow
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Defendant: Director National Institutes of Health
Represented By: James William Harlow
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Defendant: National Institute for Allergy and Infectious Diseases
Represented By: James William Harlow
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Defendant: Acting Director National Institute for Allergy and Infectious
Represented By: James William Harlow
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Defendant: U.S. Surgeon General
Represented By: James William Harlow
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Defendant: United States Department of Homeland Security
Represented By: James William Harlow
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Defendant: Secretary United States Department of Homeland Security
Represented By: James William Harlow
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Defendant: Administrator Federal Emergency Management Agency
Represented By: James William Harlow
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Defendant: Pfizer, Inc.
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Defendant: The Ad Council
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