Changizi et al v. Department of Health and Human Services et al
| Mark Changizi, Michael P Senger and Daniel Kotzin |
| Department of Health and Human Services, Surgeon General Vivek Murthy and Secretary Xavier Becerra |
| 2:2022cv01776 |
| March 24, 2022 |
| US District Court for the Southern District of Ohio |
| Edmund A Sargus |
| Chelsey M Vascura |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 18, 2022. A more recent docket listing may be available from PACER.
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Filing 38
CLERK'S JUDGMENT. Signed by Deputy Clerk on 5/5/2022. (cmw)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 26
CERTIFICATE OF SERVICE by Plaintiffs Mark Changizi, Daniel Kotzin, Michael P Senger re #1 Complaint,, (Younes, Jenin)
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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)
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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)
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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)
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Filing 23
Summons Issued as to Department of Health and Human Services in care of U.S. Attorney and U.S. Attorney General. (er)
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Filing 22
ORDER MEMORIALIZING LOCAL RULE 65.1 CONFERENCE. Signed by Judge Edmund A. Sargus on 4/4/2022. (cmw)
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Filing 21
REQUEST for Issuance of Summons. Parker Summons (Younes, Jenin)
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Filing 20
REQUEST for Issuance of Summons. Attorney General (Younes, Jenin)
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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)
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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)
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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)
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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)
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Filing 15
NOTICE of Appearance by Kuntal Cholera for Defendants Xavier Becerra, Department of Health and Human Services, Vivek Murthy (Cholera, Kuntal)
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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)
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Filing 13
Summons Issued as to Xavier Becerra, Department of Health and Human Services, and Vivek Murthy. (daf)
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Filing 12
REQUEST for Issuance of Summons. to Surgeon General Vivek Murthy (Lavin, Angela)
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Filing 11
REQUEST for Issuance of Summons. to Department of Health and Human Services (Lavin, Angela)
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Filing 10
REQUEST for Issuance of Summons. to Xavier Becerra (Lavin, Angela)
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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)
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Filing 8
NOTATION ORDER granting #7 Motion for Leave to File Excess Pages. By Magistrate Judge Chelsey M. Vascura on 3/29/2022. (agm)
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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)
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Filing 6
NOTICE OF NON-ISSUANCE OF SUMMONS (daf)
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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)
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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)
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Filing 4
REQUEST for Issuance of Summons. Surgeon General Vivek Murthy (Lavin, Angela)
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Filing 3
REQUEST for Issuance of Summons. Xavier Becerra (Lavin, Angela)
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Filing 2
REQUEST for Issuance of Summons. The U.S. Department of Health & Human Services (Lavin, Angela)
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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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