Griner v. Biden et al
Plaintiff: Devan Griner
Defendant: Joseph R. Biden, Jr., USA, United States Department of Health and Human Services, Xavier Becerra, Centers for Medicare and Medicaid Services, Chiquita Brooks-Lasure, Meena Seshamani and Daniel Tsai
Case Number: 2:2022cv00149
Filed: March 4, 2022
Court: US District Court for the District of Utah
Presiding Judge: Dale A Kimball
Referring Judge: Dustin B Pead
Nature of Suit: Civil Rights: Other
Cause of Action: 05 U.S.C. ยง 0702 Administrative Procedure Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 21, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 21, 2022 Filing 20 MEMORANDUM in Opposition re #17 MOTION for Preliminary Injunction and Memorandum in Support filed by Defendants Xavier Becerra, Joseph R. Biden, Jr, Chiquita Brooks-Lasure, Centers for Medicare and Medicaid Services, Meena Seshamani, Daniel Tsai, USA, United States Department of Health and Human Services. (McElvain, Joel)
April 21, 2022 Filing 19 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Xavier Becerra, Joseph R. Biden, Jr, Chiquita Brooks-Lasure, Centers for Medicare and Medicaid Services, Meena Seshamani, Daniel Tsai, USA, United States Department of Health and Human Services. (Attachments: #1 Exhibit Virological Characteristics of SARS-CoV-2 Vaccine Breakthrough in Health Care Workers, #2 Exhibit Modeling Effectiveness of Testing Strategies to Prevent COVID-19 in Nursing Homes, #3 Exhibit Performance of an Antigen-Based Test for Asymptomatic and Symptomatic SARS-CoV-2,, #4 Exhibit SARS-CoV-2 Infection-induced and Vaccine-induced Immunity, #5 Exhibit External FAQ: CMS Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule, #6 Exhibit Associated Emergency Department and Urgent Care Encounters and Hospitalizations Among Adults During Periods of Delta and Omicron Variant Predominance, #7 Exhibit Rates of Laboratory-Confirmed COVID-19 Hospitalizations by Vaccination Status,, #8 Exhibit Effectiveness of COVID-19 mRNA Vaccination in Preventing COVID-19Associated Hospitalization Among Adults with Previous SARS-CoV-2 Infection, #9 Exhibit SARS-CoV-2 B.1.1.529 (Omicron) Variant Transmission Within Households, #10 Exhibit Transmission of SARS-CoV-2 Omicron VOC subvariants BA.1 and BA.2: Evidence from Danish Households, #11 Text of Proposed Order) Attorney Joel L McElvain added to party Xavier Becerra(pty:dft), Attorney Joel L McElvain added to party Joseph R. Biden, Jr(pty:dft), Attorney Joel L McElvain added to party Chiquita Brooks-Lasure(pty:dft), Attorney Joel L McElvain added to party Centers for Medicare and Medicaid Services(pty:dft), Attorney Joel L McElvain added to party Meena Seshamani(pty:dft), Attorney Joel L McElvain added to party Daniel Tsai(pty:dft), Attorney Joel L McElvain added to party USA(pty:dft), Attorney Joel L McElvain added to party United States Department of Health and Human Services(pty:dft)(McElvain, Joel)
April 4, 2022 Opinion or Order Filing 18 ORDER RE: PROCEDURES FOR EMERGENCY MOTION re Plaintiff's #17 MOTION for Preliminary Injunction filed by Devan Griner. Signed by Judge Dale A. Kimball on 4/4/2022. (eat)
April 1, 2022 Filing 17 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Devan Griner. (Attachments: #1 Exhibit Ex. A - Declaration, #2 Exhibit Ex. B - Article, #3 Exhibit Ex. C - Article)(Gross, Jefferson)
March 25, 2022 Filing 16 **RESTRICTED DOCUMENT**Summons Issued Electronically as to USA. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh)
March 25, 2022 Filing 15 **RESTRICTED DOCUMENT**Summons Issued Electronically as to the Attorney General of the United States. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh)
March 25, 2022 Filing 14 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Daniel Tsai. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh)
March 25, 2022 Filing 13 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Meena Seshamani. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh)
March 25, 2022 Filing 12 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Joseph R. Biden, Jr. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh)
March 25, 2022 Filing 11 **RESTRICTED DOCUMENT**Summons Issued Electronically as to United States Department of Health and Human Services. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh)
March 25, 2022 Filing 10 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Chiquita Brooks-Lasure. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh)
March 25, 2022 Filing 9 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Centers for Medicare and Medicaid Services. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh)
March 25, 2022 Filing 8 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Xavier Becerra. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh)
March 14, 2022 Opinion or Order Filing 7 ORDER granting #6 Motion for Admission Pro Hac Vice of Attorney George R. Wentz, Jr. for Devan Griner.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utah's local rules from the court's web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Dale A. Kimball on 3/14/2022. (eat)
March 14, 2022 Filing 6 MOTION for Admission Pro Hac Vice of George R. Wentz, Jr. , Registration fee $ 250, receipt number AUTDC-4275115,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Devan Griner. (Attachments: #1 Exhibit - Application, #2 Supplement - (Proposed) Order)(Gross, Jefferson)
March 9, 2022 Opinion or Order Filing 5 ORDER TO PROPOSE SCHEDULE - Plaintiff(s) must propose a schedule to Defendant(s) in the form of a draft Attorney Planning Meeting Report within twenty-one (21) days after any defendant has been served or any defendant has appeared, unless any party is appearing pro se. See order for additional instructions. Signed by Magistrate Judge Dustin B. Pead on 3/9/2022. (eat)
March 7, 2022 Opinion or Order Filing 4 ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Dale A. Kimball on 3/7/2022. (eat)
March 4, 2022 Filing 3 Modification of Docket: Error: Plaintiff filed against themself. Correction: Docket text has been modified to reflect complaint is filed against defendants rather than plaintiff; answer records corrected re #2 Complaint. (mh)
March 4, 2022 Filing 2 COMPLAINT FOR VIOLATION OF CIVIL RIGHTS AND DECLARATORY AND INJUNCTIVE RELIEFS against All Plaintiffs Defendants (Filing fee $ 402, receipt number AUTDC-4266716) filed by Devan Griner. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Article: Fully Vaccinated People Who Get a CoVID-19 Breakthrough Infection Transmit the Virus, #3 Exhibit Article: Outbreak of SARS-CoV-2 Infections, Including COVID-19 Vaccine Breakthrough Infections, #4 Exhibit Article: Immunization: The Basics, #5 Exhibit Article: Dr. Fauci on CDC mask guidelines, #6 Exhibit Article: Top WHO scientist says vaccinated travelers should still quarantine, #7 Exhibit Article: Moderna boss says COVID-19, #8 Exhibit Article: Delta variant has wrecked hopes of herd immunity, warn scientists, #9 Exhibit Article: The beauty of vaccines and natural immunity, #10 Exhibit Article: Nosocomial outbreak caused by the SARS-CoV-2, #11 Exhibit Article: Who Are These COVID-19 Vaccine Skeptics, #12 Exhibit Article: "It's Illogical and Unethical to Force Jab on NHS Staff, #13 Exhibit Article: "An observation study of breakthrough SARS-CoV-2 Delta, #14 Exhibit Article: "Interim Public Health Recommendations for Fully Vaccinated People, #15 Exhibit Article: "Moderna's chief medical officer says that vaccine trial results only show that they prevent people from getting sick, #16 Exhibit Article: "Israel's vaccine pass will expire 6 months after the 2nd does:, #17 Exhibit Article: "Dr. Fauci Just Issued This Urgent Warning", #18 Exhibit Article: "mRNA Platform: Enabling Drug Discovery & Development", #19 Exhibit Article: The COVID-19 spike protein may be a potentially unsafe toxic endothelial pathogen, #20 Exhibit Article: Critical Appraisal of VAERS Pharmacovigilance) Assigned to Judge Dale A. Kimball (Gross, Jefferson) Modified on 3/4/2022 to correct the parties the complaint is filed against (mh).
March 4, 2022 Filing 1 Case has been indexed and assigned to Judge Dale A. Kimball. Plaintiff Devan Griner is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (mh)

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Plaintiff: Devan Griner
Represented By: Jefferson W. Gross
Represented By: Seamus Appel
Represented By: George ROBINSON Wentz, Jr.
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Defendant: Joseph R. Biden, Jr.
Represented By: Joel L McElvain
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Defendant: USA
Represented By: Joel L McElvain
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Defendant: United States Department of Health and Human Services
Represented By: Joel L McElvain
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Defendant: Xavier Becerra
Represented By: Joel L McElvain
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Defendant: Centers for Medicare and Medicaid Services
Represented By: Joel L McElvain
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Defendant: Chiquita Brooks-Lasure
Represented By: Joel L McElvain
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Defendant: Meena Seshamani
Represented By: Joel L McElvain
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Defendant: Daniel Tsai
Represented By: Joel L McElvain
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