Terkel et al v. Centers for Disease Control and Prevention et al
| Lauren Terkel, Lufkin Creekside Apartments, Ltd., Lufkin Creekside Apartments II, Ltd., MacDonald Property Management, LLC, Lakeridge Apartments, Ltd., Pineywoods Arcadia Home Team, Ltd. and Weatherford Meadow Vista Apartments, LP |
| Director Robert R. Redfield, ActingChief of Staff Nina Witkofsky, Secretary Alex Azar, United States Department of Health and Human Services, Centers for Disease Control and Prevention and United States of America |
| 6:2020cv00564 |
| October 22, 2020 |
| US District Court for the Eastern District of Texas |
| J Campbell Barker |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
Docket Report
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| Filing 31 NOTICE by Alex Azar, Centers for Disease Control and Prevention, Robert R. Redfield, United States Department of Health and Human Services, United States of America, Nina Witkofsky re #28 Notice (Other),, of Filing of Appendix to the Administrative Record (Attachments: #1 Exhibit Recertification of Administrative Record and Updated Index, #2 Exhibit Administrative Record - Part 9)(Vigen, Leslie) |
Filing 30
ORDER directing the government to file a supplemental brief addressing whether the challenged agency order's expiration will moot this action by 12/23/2020. If the agency order is extended prior to 12/23/2020, the government shall file by 12/23/2020 a notice of the order's extension. Any response by plaintiffs to the government's supplemental brief on impending mootness is due by 12/30/2020. Signed by District Judge J. Campbell Barker on 12/16/2020. (ndc)
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| Filing 29 Additional Attachments to Main Document: #28 Notice (Other),,.. (Attachments: #1 Exhibit Administrative Record - Part 6, #2 Exhibit Administrative Record - Part 7, #3 Exhibit Administrative Record - Part 8)(Vigen, Leslie) |
| Filing 28 NOTICE by Alex Azar, Robert R. Redfield, United States Department of Health and Human Services, United States of America, Nina Witkofsky of Filing of Administrative Record (Attachments: #1 Exhibit Administrative Record Certification and Index, #2 Exhibit Administrative Record - Part 1, #3 Exhibit Administrative Record - Part 2, #4 Exhibit Administrative Record - Part 3, #5 Exhibit Administrative Record - Part 4, #6 Exhibit Administrative Record - Part 5)(Vigen, Leslie) |
| Filing 27 AFFIDAVIT of Service for Summons with Complaint, Motion for Preliminary Injunction w/Order, Motion for Leave to Exceed Page Limits Amended served on Defendants on 10/23/2020, filed by Lakeridge Apartments, Ltd., Lufkin Creekside Apartments II, Ltd., Lufkin Creekside Apartments, Ltd., MacDonald Property Management, LLC, Pineywoods Arcadia Home Team, Ltd., Lauren Terkel, Weatherford Meadow Vista Apartments, LP. (Henneke, Robert) |
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Filing 26
ORDER adding United States of America as a defendant. Any disagreement with this addition should be raised by motion filed by 12/14/2020. The scheduling order #24 is modified to direct defendants to file the administrative record in this action on or before 12/14/2020. Any related briefing is due as noted herein. Signed by District Judge J. Campbell Barker on 12/10/2020. (ndc)
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| Filing 25 NOTICE of Attorney Appearance by Ryan Daniel Walters on behalf of All Plaintiffs (Walters, Ryan) |
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Filing 24
ORDER for Defendants to file the administrative record for the challenged agency order on the same day that the government files that same administrative record in any other pending litigation. Signed by District Judge J. Campbell Barker on 12/7/2020. (ndc)
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| Filing 23 NOTICE by Alex Azar, Centers for Disease Control and Prevention, Robert R. Redfield, United States Department of Health and Human Services, Nina Witkofsky re #18 Order, Defendants' Memorandum in Response to the Court's November 20, 2020 Order (Vigen, Leslie) |
| Filing 22 NOTICE by Lakeridge Apartments, Ltd., Lufkin Creekside Apartments II, Ltd., Lufkin Creekside Apartments, Ltd., MacDonald Property Management, LLC, Pineywoods Arcadia Home Team, Ltd., Lauren Terkel, Weatherford Meadow Vista Apartments, LP re #18 Order, Plaintiffs' Statement in Support of Considering and Granting Declaratory Relief on Summary Judgment (Henneke, Robert) |
| Filing 21 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 11-20-2020 before Judge JC BARKER. Court Reporter/Transcriber: SAZIELIE,Telephone number: 903-590-1065. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Motion to Redact due 12/22/2020. Release of Transcript Restriction set for 3/1/2021. (saz, ) |
| Filing 20 PAPER TRANSCRIPT REQUEST by Lakeridge Apartments, Ltd., Lufkin Creekside Apartments II, Ltd., Lufkin Creekside Apartments, Ltd., MacDonald Property Management, LLC, Pineywoods Arcadia Home Team, Ltd., Lauren Terkel, Weatherford Meadow Vista Apartments, LP for proceedings held on 11/20/2020 Motion Hearing before Judge J. Campbell Barker. (Forward to Susan Zielie) (Henneke, Robert) (Main Document 20 replaced on 11/24/2020 with flattened image) (nkl, ). Modified on 11/24/2020 (nkl, ). |
| Filing 19 PAPER TRANSCRIPT REQUEST by Alex Azar, Centers for Disease Control and Prevention, Robert R. Redfield, United States Department of Health and Human Services, Nina Witkofsky for proceedings held on 11/20/2020 Motion Hearing before Judge J. Campbell Barker. (Forward to Susan Zielie)(Vigen, Leslie) (Main Document 19 replaced on 11/23/2020 with flattened image) (nkl, ). Modified on 11/23/2020 (nkl, ). |
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Filing 18
ORDER for the parties to provide any information that would counsel against considering or granting summary judgment in response to this notice by 12/4/2020. Any briefing and response is limited to 20 pages. Signed by District Judge J. Campbell Barker on 11/20/2020. (ndc)
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| Filing 17 Minute Entry for proceedings held before District Judge J. Campbell Barker: Motion Hearing held on 11/20/2020 re #3 MOTION for Preliminary Injunction. The court granted #14 Emergency MOTION to Expedite Consideration of Plaintiffs' Motion for Preliminary Injunction. (Court Reporter Susan Zielie.) (ndc) |
| Filing 16 NOTICE of Attorney Appearance by Chance Dean Weldon on behalf of All Plaintiffs (Weldon, Chance) |
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Filing 15
ORDER Setting Hearing on Motion #3 MOTION for Preliminary Injunction : Motion Hearing set for 11/20/2020 at 10:00 AM by telephone before District Judge J. Campbell Barker. Signed by District Judge J. Campbell Barker on 11/18/2020. (ndc)
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| NOTICE providing the public access line (877-336-1839) and access code (6231391) for the hearing on motion #3 set for 11/20/2020 at 10:00 AM by telephone before District Judge J. Campbell Barker. (ndc) |
| Filing 14 Emergency MOTION to Expedite Consideration of Plaintiffs' Motion for Preliminary Injunction by Lakeridge Apartments, Ltd., Lufkin Creekside Apartments II, Ltd., Lufkin Creekside Apartments, Ltd., MacDonald Property Management, LLC, Pineywoods Arcadia Home Team, Ltd., Lauren Terkel, Weatherford Meadow Vista Apartments, LP. (Attachments: #1 Text of Proposed Order)(Henneke, Robert) |
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MINUTE ORDER granting #12 Unopposed Motion for Leave to File Excess Pages for Non-Dispositive Motion. The Reply to Response to Motion for Preliminary Injunction #13 is hereby deemed filed nunc pro tunc. Any sur-reply shall not exceed 15 pages, exclusive of exhibits and attachments. Ordered by District Judge J. Campbell Barker on 11/17/2020. (ndc)
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| Filing 13 REPLY to Response to Motion re #3 MOTION for Preliminary Injunction filed by Lakeridge Apartments, Ltd., Lufkin Creekside Apartments II, Ltd., Lufkin Creekside Apartments, Ltd., MacDonald Property Management, LLC, Pineywoods Arcadia Home Team, Ltd., Lauren Terkel, Weatherford Meadow Vista Apartments, LP. (Henneke, Robert) |
| Filing 12 Unopposed MOTION for Leave to File Excess Pages by Lakeridge Apartments, Ltd., Lufkin Creekside Apartments II, Ltd., Lufkin Creekside Apartments, Ltd., MacDonald Property Management, LLC, Pineywoods Arcadia Home Team, Ltd., Lauren Terkel, Weatherford Meadow Vista Apartments, LP. (Attachments: #1 Text of Proposed Order)(Henneke, Robert) |
| Filing 11 RESPONSE in Opposition re #3 MOTION for Preliminary Injunction filed by Alex Azar, Centers for Disease Control and Prevention, Robert R. Redfield, United States Department of Health and Human Services, Nina Witkofsky. (Attachments: #1 Exhibit Order Denying Preliminary Injunction Motion in Tiger Lily v. U.S. Dep't of Housing & Urban Dev., #2 Exhibit Order Denying Temporary Restraining Order in KBW Investment Props. LLC v. Azar)(Vigen, Leslie) |
| Filing 10 NOTICE of Attorney Appearance by Steven Andrew Myers on behalf of All Defendants (Myers, Steven) |
| Filing 9 NOTICE of Attorney Appearance - Pro Hac Vice by Leslie Cooper Vigen on behalf of All Defendants. Filing fee waived. (saenz, ) |
| Filing 8 ***DEFICIENT FILING. TO BE REFILED BY ATTORNEY AS A PRO HAC VICE.*** NOTICE of Attorney Appearance by Leslie Cooper Vigen on behalf of All Defendants (Vigen, Leslie) Modified on 11/3/2020 (gsg). |
| NOTICE of Deficiency regarding the Notice of Appearance, Docket Entry #8 . Incorrect Docketing Event. To be refiled by attorney as a Pro Hav Vice. Correction should be made by 1 Business Day. (gsg) |
| Filing 7 AFFIDAVIT of Service for Summons with Complaint, Motion for Preliminary Injunction w/Order, Motion for Leave to Exceed Page Limits served on All Defendants on October 23, 2020, filed by Lakeridge Apartments, Ltd., Lufkin Creekside Apartments II, Ltd., Lufkin Creekside Apartments, Ltd., MacDonald Property Management, LLC, Pineywoods Arcadia Home Team, Ltd., Lauren Terkel, Weatherford Meadow Vista Apartments, LP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Henneke, Robert) |
| Filing 6 SUMMONS Issued as to Alex Azar, Centers for Disease Control and Prevention, Robert R. Redfield, United States Department of Health and Human Services, and Nina Witkofsky. (Attachments: #1 Summons(es), #2 Summons(es), #3 Summons(es), #4 Summons(es))(ndc) |
| Filing 5 NOTICE of Attorney Appearance - Pro Hac Vice by Kimberly S Hermann on behalf of All Plaintiffs. Filing fee $ 100, receipt number 0540-8069561. (Hermann, Kimberly) |
| Filing 4 NOTICE of Attorney Appearance - Pro Hac Vice by Celia Howard O'Leary on behalf of All Plaintiffs. Filing fee $ 100, receipt number 0540-8069556. (O'Leary, Celia) |
| 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. (mll, ) |
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MINUTE ORDER granting #2 Motion for Leave to File Excess Pages for Non-Dispositive Motion. The Motion for Preliminary Injunction and Memorandum in Support #3 is hereby deemed filed nunc pro tunc. Any response thereto shall not exceed 30 pages, exclusive of exhibits and attachments. Ordered by District Judge J. Campbell Barker on 10/23/2020. (ndc)
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| District Judge J. Campbell Barker added. (mll, ) |
| MINUTE ORDER adopting in this case Judge Barker's standing orders, which may be obtained from his court-website page. Noncompliance with those standing orders may result in a sanction or other disadvantage. (mll, ) |
| Filing 3 MOTION for Preliminary Injunction by Lakeridge Apartments, Ltd., Lufkin Creekside Apartments II, Ltd., Lufkin Creekside Apartments, Ltd., MacDonald Property Management, LLC, Pineywoods Arcadia Home Team, Ltd., Lauren Terkel, Weatherford Meadow Vista Apartments, LP. (Attachments: #1 Text of Proposed Order)(Henneke, Robert) |
| Filing 2 MOTION for Leave to File Excess Pages for Non-Dispositive Motion by Lakeridge Apartments, Ltd., Lufkin Creekside Apartments II, Ltd., Lufkin Creekside Apartments, Ltd., MacDonald Property Management, LLC, Pineywoods Arcadia Home Team, Ltd., Lauren Terkel, Weatherford Meadow Vista Apartments, LP. (Attachments: #1 Text of Proposed Order)(Henneke, Robert) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 0540-8069083.), filed by Lauren Terkel, Weatherford Meadow Vista Apartments, LP, Pineywoods Arcadia Home Team, Ltd., Lufkin Creekside Apartments II, Ltd., MacDonald Property Management, LLC, Lufkin Creekside Apartments, Ltd., Lakeridge Apartments, Ltd.. (Attachments: #1 Civil Cover Sheet)(Henneke, Robert) |
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