Van Duyne et al v. Centers for Disease Control and Prevention et al
| Elizabeth Van Duyne and The State of Texas |
| Centers for Disease Control and Prevention, Rochelle P. Walensky, Sherri A Berger, United States Department of Health and Human Services, Xavier Becerra and United States of America |
| 4:2022cv00122 |
| February 16, 2022 |
| US District Court for the Northern District of Texas |
| Reed C O'Connor |
| Other Statutes: Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on April 15, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 29 RESPONSE filed by Xavier Becerra, Sherri A Berger, Centers for Disease Control and Prevention, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky re: #25 Brief/Memorandum in Support of Motion (Gerardi, Michael) |
| Filing 28 RESPONSE filed by Elizabeth Van Duyne re: #24 Response/Objection, (Miller, Matthew) |
Filing 27
ORDER granting #26 Motion to Stay deadline to respond to Plaintiffs' complaint. (Ordered by Judge Reed C. O'Connor on 4/13/2022) (chmb)
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| Filing 26 Unopposed MOTION to Stay Answer Deadline Pending Resolution of Dispositive Motions filed by Xavier Becerra, Sherri A Berger, Centers for Disease Control and Prevention, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky with Brief/Memorandum in Support. (Gerardi, Michael) |
| Filing 25 Brief/Memorandum in Support filed by Elizabeth Van Duyne re #17 Order Setting Deadline/Hearing, (Miller, Matthew) |
| Filing 24 RESPONSE filed by Xavier Becerra, Sherri A Berger, Centers for Disease Control and Prevention, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky re: #17 Order Setting Deadline/Hearing, (Gerardi, Michael) |
| Filing 23 NOTICE of Attorney Appearance by Michael Joseph Gerardi on behalf of Xavier Becerra, Sherri A Berger, Centers for Disease Control and Prevention, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky. (Filer confirms contact info in ECF is current.) (Gerardi, Michael) |
| Filing 22 RESPONSE filed by The State of Texas re: #18 Brief/Memorandum in Support of Motion, #19 Response/Objection, (Hilton, Christopher) |
| Filing 21 RESPONSE filed by Xavier Becerra, Sherri A Berger, Centers for Disease Control and Prevention, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky re: #18 Brief/Memorandum in Support of Motion (Pezzi, Stephen) |
| Filing 20 RESPONSE filed by Elizabeth Van Duyne re: #19 Response/Objection, (Miller, Matthew) |
| Filing 19 RESPONSE filed by Xavier Becerra, Sherri A Berger, Centers for Disease Control and Prevention, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky re: #15 Order Setting Deadline/Hearing, (Pezzi, Stephen) |
| Filing 18 Brief/Memorandum in Support filed by Elizabeth Van Duyne re #15 Order Setting Deadline/Hearing, (Miller, Matthew) |
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Filing 17
ORDER: The Court ORDERS the parties to brief whether the Court should consolidate 4:22- cv-122 and 4:22-cv-209. The parties shall submit cross briefs by April 8 and may submit response briefs by April 15. (Ordered by Judge Reed C. O'Connor on 3/24/2022) (mmw)
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| Filing 16 NOTICE of Attorney Appearance by Nathan Anthony Curtisi on behalf of Elizabeth Van Duyne. (Filer confirms contact info in ECF is current.) (Curtisi, Nathan) |
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Filing 15
ORDER: Before the Court is Plaintiff's #3 Motion for Preliminary Injunction. The Court ORDERS the parties to brief whether the Court should consolidate the preliminary injunction hearing with a trial on the merits. The parties shall submit cross briefs by March 30, 2022, and may submit response briefs by April 6. (Ordered by Judge Reed C. O'Connor on 3/17/2022) (mmw)
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| Filing 14 REPLY filed by Elizabeth Van Duyne re: #3 MOTION for Preliminary Injunction (Miller, Matthew) |
| Filing 13 RESPONSE filed by Xavier Becerra, Sherri A Berger, Centers for Disease Control and Prevention, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky re: #3 MOTION for Preliminary Injunction (Attachments: #1 Ex. 1 - CDC - Transportation Mask Order, #2 Ex. 2 - Funk & Wagnalls Dictionary, #3 Ex. 3 - Webster's Dictionary) (Pezzi, Stephen) |
| Filing 12 NOTICE of Attorney Appearance by Stephen M Pezzi on behalf of Xavier Becerra, Sherri A Berger, Centers for Disease Control and Prevention, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky. (Filer confirms contact info in ECF is current.) (Pezzi, Stephen) |
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Filing 11
ORDER granting Plaintiff Van Duyne's #7 Unopposed Motion for Leave to Proceed Without Local Counsel: Accordingly, it is ORDERED that Plaintiff's counsel is required to fulfill all local counsel requirements and abide by all local rules of this Court, including the standards of litigation conduct set forth in Dondi Properties Corporation v. Commerce Savings & Loan Association, 121 F.R.D. 284 (N.D. Tex. 1988) (per curiam). It is further ORDERED that if proceeding without local counsel disrupts this litigation or otherwise results in a failure to comply with the rules of this Court, Plaintiff will be required to immediately obtain local counsel. (Ordered by Judge Reed C. O'Connor on 2/28/2022) (twd)
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Filing 10
ORDER re #3 MOTION for Preliminary Injunction: Government's Response due by 3/4/2022. Plaintiffs' Reply due by 3/9/2022. (Ordered by Judge Reed C. O'Connor on 2/23/2022) (twd)
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| Filing 9 Joint STATUS REPORT and Proposed Briefing Schedule filed by Elizabeth Van Duyne. (Miller, Matthew) |
| Filing 8 NOTICE of Attorney Appearance by Robert Earl Henneke on behalf of Elizabeth Van Duyne. (Filer confirms contact info in ECF is current.) (Henneke, Robert) |
| Filing 7 MOTION Unopposed Motion for Leave to Appear without Local Counsel filed by Elizabeth Van Duyne (Attachments: #1 Proposed Order) (Miller, Matthew) |
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Filing 6
ORDER: On February 16, 2022, Plaintiffs filed a Complaint (ECF No. #1 ) and Motion for Preliminary Injunction (ECF No. #3 ). The Court ORDERS Plaintiffs to meet and confer with Defendants and prepare a status report for the Court that provides a proposed briefing schedule and hearing date on the Motion. Plaintiffs shall file this report no later than February 23, 2022. (Ordered by Judge Reed C. O'Connor on 2/16/2022) (sre)
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| Filing 5 Summons issued as to Xavier Becerra, Sherri A Berger, Centers for Disease Control and Prevention, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky, U.S. Attorney, and U.S. Attorney General. (sre) |
| Filing 4 New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (sre) |
| Filing 3 MOTION for Preliminary Injunction filed by Elizabeth (Beth) Van Duyne with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Miller, Matthew) Docket text modified on 2/23/2022 (twd). |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Elizabeth (Beth) Van Duyne. (Miller, Matthew) |
| Filing 1 COMPLAINT against All Defendants filed by Elizabeth (Beth) Van Duyne. (Filing fee $402; Receipt number 0539-12605118) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet) (Miller, Matthew) |
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