Association for Molecular Pathology et al v. United States Food and Drug Administration et al
Plaintiff: Michael Laposata and Association for Molecular Pathology
Defendant: Xavier Becerra, Robert M. Califf, United States Department of Health and Human Services and United States Food and Drug Administration
Amicus Curiae: Association for Academic Pathology
Case Number: 4:2024cv00824
Filed: September 10, 2024
Court: U.S. District Court for the Eastern District of Texas
Presiding Judge: Sean D Jordan
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. § 551 Administrative Procedure Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 31, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2024 Opinion or Order Filing 36 NOTICE of Attorney Appearance - Pro Hac Vice by Holly Peterson on behalf of Association for Academic Pathology. Filing fee $ 100, receipt number ATXEDC-10390143. (Peterson, Holly)
September 23, 2024 Opinion or Order Filing 35 NOTICE of Attorney Appearance - Pro Hac Vice by Sarah Wicks on behalf of All Plaintiffs. Filing fee $ 100, receipt number ATXEDC-10375475. (Wicks, Sarah)
September 20, 2024 Opinion or Order Filing 34 CONSOLIDATION ORDER granting #32 Motion to Consolidate. It is further ORDERED that Cause Nos. 4:24-CV-479 and 4:24-CV-824 are CONSOLIDATED, to be held before the undersigned under Cause No. 4:24-cv-479. Signed by District Judge Sean D. Jordan on 9/20/2024. (rpc)
September 20, 2024 Opinion or Order This civil action is CONSOLIDATED with cause 4:24-cv-479. Civil action 4:24-cv-479 is designated as the Lead Case. All future pleadings are to be filed in the Lead Case. (rpc)
September 19, 2024 Opinion or Order Filing 33 NOTICE of Attorney Appearance - Pro Hac Vice by Allyson Mullen on behalf of Association for Molecular Pathology. Filing fee $ 100, receipt number ATXEDC-10368881. (Mullen, Allyson)
September 19, 2024 Opinion or Order Filing 32 UNOPPOSED MOTION to Consolidate Cases , UNOPPOSED MOTION Set Consolidated Briefing Schedule and Defer Answer by Xavier Becerra, Robert M. Califf, United States Department of Health and Human Services, United States Food and Drug Administration. (Attachments: #1 Proposed Order)(Crane-Hirsch, Daniel)
September 18, 2024 Opinion or Order Filing 31 NOTICE of Attorney Appearance - Pro Hac Vice by Steven Gonzalez on behalf of Association for Molecular Pathology. Filing fee $ 100, receipt number ATXEDC-10367424. (Gonzalez, Steven)
September 18, 2024 Opinion or Order Filing 30 NOTICE of Attorney Appearance by Gabriel Schonfeld on behalf of Xavier Becerra, Robert M. Califf, United States Department of Health and Human Services, United States Food and Drug Administration (Schonfeld, Gabriel)
September 18, 2024 Opinion or Order Filing 29 NOTICE of Attorney Appearance - Pro Hac Vice by Jeffrey N. Gibbs on behalf of Association for Molecular Pathology. Filing fee $ 100, receipt number ATXEDC-10366836. (Gibbs, Jeffrey)
September 18, 2024 Opinion or Order Filing 28 NOTICE of Attorney Appearance - Pro Hac Vice by Michael Shumsky on behalf of All Plaintiffs. Filing fee $ 100, receipt number ATXEDC-10366670. (Shumsky, Michael) (Additional attachment(s) added on 9/18/2024: #1 Sealed Attachment) (NKL).
September 18, 2024 Opinion or Order Filing 27 NOTICE of Attorney Appearance - Pro Hac Vice by Sara Wexler Koblitz on behalf of All Plaintiffs. Filing fee $ 100, receipt number ATXEDC-10366659. (Koblitz, Sara)
September 12, 2024 Opinion or Order Filing 26 NOTICE of Certified Index of Administrative Record by Xavier Becerra, Robert M. Califf, United States Department of Health and Human Services, United States Food and Drug Administration (Crane-Hirsch, Daniel)
September 10, 2024 Opinion or Order Filing 25 Case transferred in from District of Texas Southern; Case Number 3:24-cv-00241. Original file certified copy of transfer order and docket sheet received.
September 10, 2024 Opinion or Order Filing 24 ORDER TO TRANSFER CASE to Eastern District of Texas - Sherman Division; granting (Signed by Judge Jeffrey V Brown) Parties notified. (agg3) [Transferred from Texas Southern on 9/10/2024.]
September 10, 2024 Opinion or Order Filing 23 ORDER granting #21 Motion for OLIVER MCDONALD to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Jeffrey V Brown) Parties notified. (GeorgeCardenas, 3) [Transferred from Texas Southern on 9/10/2024.]
September 10, 2024 Opinion or Order In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (baf)
September 10, 2024 Opinion or Order Interdistrict transfer to Eastern District of Texas - Sherman Division. Case transferred electronically. Case terminated on 09/10/2024, filed. (agg3) [Transferred from Texas Southern on 9/10/2024.]
September 9, 2024 Opinion or Order Filing 22 NOTICE of Appearance by Oliver McDonald on behalf of Xavier Becerra, Robert M. Califf, United States Department of Health and Human Services, United States Food and Drug Administration, filed. (McDonald, Oliver) [Transferred from Texas Southern on 9/10/2024.]
September 9, 2024 Opinion or Order Filing 21 MOTION to Appear Pro Hac Vice for Oliver McDonald (Fee Exempt) by Xavier Becerra, Robert M. Califf, United States Department of Health and Human Services, United States Food and Drug Administration, filed. Motion Docket Date 9/30/2024. (McDonald, Oliver) [Transferred from Texas Southern on 9/10/2024.]
September 9, 2024 Opinion or Order Filing 20 Unopposed MOTION to Transfer Case to E.D. Texas, Sherman Division by Xavier Becerra, Robert M. Califf, United States Department of Health and Human Services, United States Food and Drug Administration, filed. Motion Docket Date 9/30/2024. (Attachments: #1 Proposed Order) (Crane-Hirsch, Daniel) [Transferred from Texas Southern on 9/10/2024.]
September 9, 2024 Opinion or Order Filing 19 NOTICE of Appearance by Daniel K. Crane-Hirsch on behalf of Xavier Becerra, Robert M. Califf, United States Department of Health and Human Services, United States Food and Drug Administration, filed. (Crane-Hirsch, Daniel) [Transferred from Texas Southern on 9/10/2024.]
August 22, 2024 Opinion or Order Filing 18 ORDER granting #3 Motion for Steven J. Gonzalez to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Jeffrey V Brown) Parties notified. (GeorgeCardenas, 3) [Transferred from Texas Southern on 9/10/2024.]
August 22, 2024 Opinion or Order Filing 17 ORDER granting #2 Motion for Michael D. Shumsky to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Jeffrey V Brown) Parties notified. (GeorgeCardenas, 3) [Transferred from Texas Southern on 9/10/2024.]
August 22, 2024 Opinion or Order Filing 16 ORDER granting #8 Motion for Sara W. Koblitz to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Jeffrey V Brown) Parties notified. (GeorgeCardenas, 3) [Transferred from Texas Southern on 9/10/2024.]
August 22, 2024 Opinion or Order Filing 15 ORDER granting #10 Motion for Sarah L. Wicks to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Jeffrey V Brown) Parties notified. (GeorgeCardenas, 3) [Transferred from Texas Southern on 9/10/2024.]
August 22, 2024 Opinion or Order Filing 14 ORDER granting #9 Motion for Allyson B. Mullen to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Jeffrey V Brown) Parties notified. (GeorgeCardenas, 3) [Transferred from Texas Southern on 9/10/2024.]
August 22, 2024 Opinion or Order Filing 13 ORDER granting #7 Motion for Jeffrey N. Gibbs to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Jeffrey V Brown) Parties notified. (GeorgeCardenas, 3) [Transferred from Texas Southern on 9/10/2024.]
August 22, 2024 Opinion or Order Filing 12 Summons Issued as to Xavier Becerra, Robert M. Califf, United States Department of Health and Human Services, United States Food and Drug Administration, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by NEF, filed. (va3) [Transferred from Texas Southern on 9/10/2024.]
August 21, 2024 Opinion or Order Filing 11 CORPORATE DISCLOSURE STATEMENT by Association for Molecular Pathology, Michael Laposata, filed. (Raschke, Fred) [Transferred from Texas Southern on 9/10/2024.]
August 21, 2024 Opinion or Order Filing 10 MOTION to Appear Pro Hac Vice for Sarah L. Wicks (Fee Paid: $100, receipt number ATXSDC-32072373) by Association for Molecular Pathology, Michael Laposata, filed. Motion Docket Date 9/11/2024. (Raschke, Fred) [Transferred from Texas Southern on 9/10/2024.]
August 21, 2024 Opinion or Order Filing 9 MOTION to Appear Pro Hac Vice for Allyson B. Mullen (Fee Paid: $100, receipt number ATXSDC-32072300) by Association for Molecular Pathology, Michael Laposata, filed. Motion Docket Date 9/11/2024. (Raschke, Fred) [Transferred from Texas Southern on 9/10/2024.]
August 21, 2024 Opinion or Order Filing 8 MOTION to Appear Pro Hac Vice for Sara W. Koblitz (Fee Paid: $100, receipt number ATXSDC-32071949) by Association for Molecular Pathology, Michael Laposata, filed. Motion Docket Date 9/11/2024. (Raschke, Fred) [Transferred from Texas Southern on 9/10/2024.]
August 21, 2024 Opinion or Order Filing 7 MOTION to Appear Pro Hac Vice for Jeffrey N. Gibbs (Fee Paid: $100, receipt number ATXSDC-32071882) by Association for Molecular Pathology, Michael Laposata, filed. Motion Docket Date 9/11/2024. (Raschke, Fred) [Transferred from Texas Southern on 9/10/2024.]
August 21, 2024 Opinion or Order Filing 6 Request for Issuance of Summons as to All Defendants, filed. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons) (Raschke, Fred) [Transferred from Texas Southern on 9/10/2024.]
August 20, 2024 Opinion or Order Filing 5 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/4/2024 at 09:00 AM by video before Magistrate Judge Andrew M Edison. (Signed by Judge Jeffrey V Brown) Parties notified. (va3) [Transferred from Texas Southern on 9/10/2024.]
August 20, 2024 Opinion or Order Filing 4 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (va3) [Transferred from Texas Southern on 9/10/2024.]
August 20, 2024 Opinion or Order Filing 3 MOTION to Appear Pro Hac Vice for Steven J. Gonzalez (Fee Paid: $100, receipt number ATXSDC-32064518) by Association for Molecular Pathology, Michael Laposata, filed. Motion Docket Date 9/10/2024. (Raschke, Fred) [Transferred from Texas Southern on 9/10/2024.]
August 20, 2024 Opinion or Order Filing 2 MOTION to Appear Pro Hac Vice for Michael D. Shumsky (Fee Paid: $100, receipt number ATXSDC-32064319) by Association for Molecular Pathology, Michael Laposata, filed. Motion Docket Date 9/10/2024. (Raschke, Fred) [Transferred from Texas Southern on 9/10/2024.]
August 20, 2024 Opinion or Order Referral Judge Selected: Magistrate Judge Andrew M. Edison randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (va3) [Transferred from Texas Southern on 9/10/2024.]
August 19, 2024 Opinion or Order Filing 1 COMPLAINT against All Defendants (Filing fee $ 405 receipt number ATXSDC-32058407) filed by Association for Molecular Pathology. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Civil Cover Sheet Civil Cover Sheet) (Raschke, Fred) [Transferred from Texas Southern on 9/10/2024.]

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Search for this case: Association for Molecular Pathology et al v. United States Food and Drug Administration et al
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Defendant: Xavier Becerra
Represented By: Daniel K Crane-Hirsch
Represented By: Gabriel Schonfeld
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Defendant: Robert M. Califf
Represented By: Daniel K Crane-Hirsch
Represented By: Gabriel Schonfeld
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Defendant: United States Department of Health and Human Services
Represented By: Daniel K Crane-Hirsch
Represented By: Gabriel Schonfeld
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Defendant: United States Food and Drug Administration
Represented By: Daniel K Crane-Hirsch
Represented By: Gabriel Schonfeld
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Plaintiff: Michael Laposata
Represented By: Fred D Raschke
Represented By: Steven Gonzalez
Represented By: Sarah Wicks
Represented By: Sara Wexler Koblitz
Represented By: Jeffrey N. Gibbs,
Represented By: Michael Shumsky
Represented By: Michael Shumsky
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Plaintiff: Association for Molecular Pathology
Represented By: Fred D Raschke
Represented By: Steven Gonzalez
Represented By: Sarah Wicks
Represented By: Sara Wexler Koblitz
Represented By: Jeffrey N. Gibbs
Represented By: Allyson Mullen
Represented By: Michael Shumsky
Represented By: Michael Shumsky
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Amicus curiae: Association for Academic Pathology
Represented By: Holly Peterson
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