Changizi et al v. Department of Health and Human Services et al
Plaintiff: Mark Changizi, Michael P Senger and Daniel Kotzin
Defendant: Department of Health and Human Services, Surgeon General Vivek Murthy and Secretary Xavier Becerra
Case Number: 2:2022cv01776
Filed: March 24, 2022
Court: US District Court for the Southern District of Ohio
Presiding Judge: Edmund A Sargus
Referring Judge: Chelsey M Vascura
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 28 U.S.C. ยง 2201 Constitutionality of State Statute(s)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 5, 2022 Opinion or Order Filing 38 CLERK'S JUDGMENT. Signed by Deputy Clerk on 5/5/2022. (cmw)
May 5, 2022 Opinion or Order Filing 37 OPINION AND ORDER denying as moot #9 Motion for Preliminary Injunction; denying as moot #27 Motion for Discovery; granting #30 Motion to Dismiss for Failure to State a Claim; granting #30 Motion to Dismiss for Lack of Jurisdiction. This case is closed.. Signed by Judge Edmund A. Sargus on 5/5/2022. (cmw)
April 28, 2022 Opinion or Order Filing 36 Minute Entry for proceedings held before Judge Edmund A. Sargus: Preliminary Injunction Hearing held on 4/28/2022. (Court Reporter: Lahana DuFour) (cmw)
April 27, 2022 Opinion or Order Filing 35 REPLY to Response to Motion re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Xavier Becerra, Department of Health and Human Services, Vivek Murthy. (Cholera, Kuntal)
April 26, 2022 Opinion or Order Filing 34 ORDER - Telephone Conference held on 4/22/2022. The Preliminary Injunction Hearing scheduled for 4/26/2022 is rescheduled to 4/28/2022 at 9:00 a.m. in courtroom number 311 before Judge Sargus, Jr. Signed by Judge Edmund A. Sargus on 4/26/2022. (cmw)
April 22, 2022 Opinion or Order Filing 33 RESPONSE in Opposition re #9 MOTION for Preliminary Injunction , #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiffs Mark Changizi, Daniel Kotzin, Michael P Senger. (Attachments: #1 Exhibit Declaration of Daniel Kotzin and Attachments, #2 Exhibit Declaration of Mark Changizi with Attachments) (Younes, Jenin)
April 21, 2022 Opinion or Order Filing 32 RESPONSE in Opposition re #27 First MOTION for Discovery filed by Defendants Xavier Becerra, Department of Health and Human Services, Vivek Murthy. (Cholera, Kuntal)
April 15, 2022 Opinion or Order Filing 31 RESPONSE in Opposition re #9 MOTION for Preliminary Injunction and Memorandum in Support of Motion to Dismiss filed by Defendants Xavier Becerra, Department of Health and Human Services, Vivek Murthy. (Cholera, Kuntal)
April 15, 2022 Opinion or Order Filing 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 5/6/2022) by Defendants Xavier Becerra, Department of Health and Human Services, Vivek Murthy. (Cholera, Kuntal)
April 15, 2022 Opinion or Order Filing 29 SUMMONS Returned Executed (Not Effectuated related to COVID19) as to Kenneth L. Parker U.S. Attorney's Office, and Merrick Garland Attorney General's Office. Kenneth L. Parker U.S. Attorney's Office, and Merrick Garland Attorney General's Office were served on 4/12/2022, answer due 6/13/2022. (daf)
April 12, 2022 Opinion or Order Filing 27 First MOTION for Discovery by Plaintiffs Mark Changizi, Daniel Kotzin, Michael P Senger. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2) (Younes, Jenin)
April 11, 2022 Opinion or Order Filing 28 SUMMONS Returned Executed as to Defendants Xavier Becerra, Department of Health and Human Services. The named defendants were served on 4/4/2022, answers due 6/3/2022. (daf)
April 11, 2022 Opinion or Order Filing 26 CERTIFICATE OF SERVICE by Plaintiffs Mark Changizi, Daniel Kotzin, Michael P Senger re #1 Complaint,, (Younes, Jenin)
April 7, 2022 Opinion or Order Filing 25 CERTIFICATE of Mailing by the Clerk: A copy of the complaint and issued summons was sent to Defendants Merrick Garland and Kenneth L. Parker via certified mail. (tla)
April 7, 2022 Opinion or Order Filing 24 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8811756) of John J. Vecchione by Plaintiffs Mark Changizi, Daniel Kotzin, Michael P Senger. (Lavin, Angela)
April 7, 2022 Opinion or Order NOTATION ORDER granting #24 Motion for Leave to Appear Pro Hac Vice of John J. Vecchione as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. By Magistrate Judge Chelsey M. Vascura on 04/07/2022. (tla)
April 5, 2022 Opinion or Order Filing 23 Summons Issued as to Department of Health and Human Services in care of U.S. Attorney and U.S. Attorney General. (er)
April 4, 2022 Opinion or Order Filing 22 ORDER MEMORIALIZING LOCAL RULE 65.1 CONFERENCE. Signed by Judge Edmund A. Sargus on 4/4/2022. (cmw)
April 4, 2022 Opinion or Order Filing 21 REQUEST for Issuance of Summons. Parker Summons (Younes, Jenin)
April 4, 2022 Opinion or Order Filing 20 REQUEST for Issuance of Summons. Attorney General (Younes, Jenin)
April 1, 2022 Opinion or Order Filing 19 NOTICE of Hearing: Preliminary Injunction Hearing previously scheduled for 4/28/22 at 10:00 a.m. has been rescheduled to 4/26/2022 at 10:00 AM before Judge Edmund A. Sargus. (Location to be determined.) (cmw)
April 1, 2022 Opinion or Order Filing 18 NOTICE of Hearing:Telephone Status Conference set for 4/22/2022 at 10:00 AM via Teleconference before Judge Edmund A. Sargus. (cmw)
April 1, 2022 Opinion or Order Filing 17 Minute Entry for proceedings held before Judge Edmund A. Sargus: Rule 65.1 Telephone Status Conference held on 4/1/2022. Telephone Status Conference scheduled for 4/22/2022 at 10:00 a.m. Preliminary Injunction Hearing scheduled for 4/28/2022 at 10:00 a.m. (Court Reporter: Crystal Hatchett) (cmw)
March 30, 2022 Opinion or Order Filing 16 NOTICE of Hearing: Rule 65.1 Telephone Conference set for 4/1/2022 at 10:30 AM via Teleconference before Judge Edmund A. Sargus. (cmw)
March 30, 2022 Opinion or Order Filing 15 NOTICE of Appearance by Kuntal Cholera for Defendants Xavier Becerra, Department of Health and Human Services, Vivek Murthy (Cholera, Kuntal)
March 30, 2022 Opinion or Order Filing 14 CERTIFICATE of Mailing by the Clerk: A copy of the complaint and issued summons was sent to the named defendants via certified mail. (tla)
March 30, 2022 Opinion or Order Filing 13 Summons Issued as to Xavier Becerra, Department of Health and Human Services, and Vivek Murthy. (daf)
March 30, 2022 Opinion or Order Filing 12 REQUEST for Issuance of Summons. to Surgeon General Vivek Murthy (Lavin, Angela)
March 30, 2022 Opinion or Order Filing 11 REQUEST for Issuance of Summons. to Department of Health and Human Services (Lavin, Angela)
March 30, 2022 Opinion or Order Filing 10 REQUEST for Issuance of Summons. to Xavier Becerra (Lavin, Angela)
March 30, 2022 Opinion or Order Filing 9 MOTION for Preliminary Injunction by Plaintiffs Mark Changizi, Daniel Kotzin, Michael P Senger. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Younes, Jenin)
March 29, 2022 Opinion or Order Filing 8 NOTATION ORDER granting #7 Motion for Leave to File Excess Pages. By Magistrate Judge Chelsey M. Vascura on 3/29/2022. (agm)
March 28, 2022 Opinion or Order Filing 7 MOTION for Leave to File Excess Pages of Memorandum in Support of Preliminary Injunction by Plaintiffs Mark Changizi, Daniel Kotzin, Michael P Senger. (Lavin, Angela)
March 28, 2022 Opinion or Order Filing 6 NOTICE OF NON-ISSUANCE OF SUMMONS (daf)
March 28, 2022 Opinion or Order NOTATION ORDER granting #5 Motion for leave to appear pro hac vice of Jenin Younes as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. By Magistrate Judge Chelsey M. Vascura on 3/28/2022. (daf)
March 24, 2022 Opinion or Order Filing 5 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8790505) of Jenin Younes by Plaintiffs Mark Changizi, Daniel Kotzin, Michael P Senger. (Attachments: #1 Exhibit Exhibit 1 - Jenin Younes Certificate of Good Standing) (Lavin, Angela)
March 24, 2022 Opinion or Order Filing 4 REQUEST for Issuance of Summons. Surgeon General Vivek Murthy (Lavin, Angela)
March 24, 2022 Opinion or Order Filing 3 REQUEST for Issuance of Summons. Xavier Becerra (Lavin, Angela)
March 24, 2022 Opinion or Order Filing 2 REQUEST for Issuance of Summons. The U.S. Department of Health & Human Services (Lavin, Angela)
March 24, 2022 Opinion or Order Filing 1 COMPLAINT with JURY DEMAND against Xavier Becerra, Department of Health and Human Services, Vivek Murthy ( Filing fee $ 402 paid - receipt number: AOHSDC-8790378), filed by Mark Changizi, Daniel Kotzin, Michael P Senger. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A - Declaration of Senger, #3 Exhibit Exhibit B - Declaration of Daniel Kotzin, #4 Exhibit Exhibit C - Declaration of Mark Changizi, #5 Exhibit Exhibit D - March 14 Email Correspondence) (Lavin, Angela)

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Search for this case: Changizi et al v. Department of Health and Human Services et al
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Plaintiff: Mark Changizi
Represented By: Angela M Lavin
Represented By: Jay R Carson
Represented By: Jenin Younes
Represented By: John Julian Vecchione
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Plaintiff: Michael P Senger
Represented By: Angela M Lavin
Represented By: Jay R Carson
Represented By: Jenin Younes
Represented By: John Julian Vecchione
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Plaintiff: Daniel Kotzin
Represented By: Angela M Lavin
Represented By: Jay R Carson
Represented By: Jenin Younes
Represented By: John Julian Vecchione
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Defendant: Department of Health and Human Services
Represented By: Kuntal Cholera
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Defendant: Surgeon General Vivek Murthy
Represented By: Kuntal Cholera
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Defendant: Secretary Xavier Becerra
Represented By: Kuntal Cholera
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