State of Washington v. United States Food and Drug Administration (1:23-cv-03026)

District Court, E.D. Washington

Date Filed
Description

Feb 23, 2023

Notice of Judge Assignment

1

Feb 23, 2023

COMPLAINT against All Defendants ( Filing fee $ 402; Receipt # AWAEDC-4234043) Filed by All Plaintiffs. (Attachments: # 1 Exhibit Table of Contents, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Summons FDA, # 22 Summons Califf, # 23 Summons HHS, # 24 Summons Becerra, # 25 Civil Cover Sheet)(Beneski, Kristin) (Entered: 02/23/2023)

Feb 23, 2023

Notice of Judge Assignment. Judge Thomas O. Rice assigned to case. (TNC, Case Administrator)

Feb 24, 2023

Set/Reset Motion Hearing

Feb 24, 2023

Notice of Judge Assignment

2

Feb 24, 2023

MOTION for Leave to File Excess Pages for Plaintiff States' Motion for Preliminary Injunction by All Plaintiffs. Motion Hearing set for 3/27/2023 Without Oral Argument before Chief Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Beneski, Kristin) (Entered: 02/24/2023)

3

Feb 24, 2023

MOTION for Preliminary Injunction by All Plaintiffs. Motion Hearing set for 3/27/2023 at 10:00 AM in Yakima Courtroom 203 before Chief Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Beneski, Kristin) (Entered: 02/24/2023)

4

Feb 24, 2023

DECLARATION by Plaintiff States in Support re 3 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Exhibit 1-19)(Beneski, Kristin) (Entered: 02/24/2023)

5

Feb 24, 2023

MOTION to Appear Pro Hac Vice re Attorney: YoungWoo Joh. Filing fee $ 200, receipt number AWAEDC-4234593. by State of Oregon. Motion Hearing set for 3/27/2023 Without Oral Argument before Chief Judge Stanley A Bastian. (Hull, Sander) (Entered: 02/24/2023)

6

Feb 24, 2023

Summons Issued as to All Defendants. (Attachments: # 1 Summons US Department of Health and Human Services, # 2 Summons Robert Califf, # 3 Summons Xavier Becerra)(TNC, Case Administrator) (Entered: 02/24/2023)

Summons US Department of Health and Human Services

7

Feb 24, 2023

MOTION to Appear Pro Hac Vice re Attorney: Julia C. Harvey. Filing fee $ 200, receipt number AWAEDC-4234894 by State of Rhode Island Washington. Motion Hearing set for 3/27/2023 Without Oral Argument before Chief Judge Stanley A Bastian. (Hughes, Andrew) Modified on 3/3/2023 to correct the filing party (LAS, Case Administrator). (Entered: 02/24/2023)

8

Feb 24, 2023

NOTICE by All Plaintiffs re 2 MOTION for Leave to File Excess Pages for Plaintiff States' Motion for Preliminary Injunction, 3 MOTION for Preliminary Injunction (Beneski, Kristin) (Entered: 02/24/2023)

9

Feb 24, 2023

PROOF OF SERVICE by All Plaintiffs re All Defendants. (Beneski, Kristin) (Entered: 02/24/2023)

10

Feb 24, 2023

PROOF OF SERVICE by All Plaintiffs re All Defendants. (Beneski, Kristin) (Entered: 02/24/2023)

Feb 24, 2023

Reset Motion Hearings for 3/27/2023 Without Oral Argument before Judge Thomas O. Rice re: 3 MOTION for Preliminary Injunction, 7 MOTION to Appear Pro Hac Vice re Attorney: Julia C. Harvey. 2 MOTION for Leave to File Excess Pages for Plaintiff States' Motion for Preliminary Injunction, 5 MOTION to Appear Pro Hac Vice re Attorney: YoungWoo Joh. (CLP, Case Administrator Team Lead)

11

Feb 24, 2023

CERTIFICATE OF SERVICE re All Defendants filed by All Plaintiffs. (Beneski, Kristin) (Entered: 02/24/2023)

12

Feb 27, 2023

ORDER granting 2 Motion for Leave to File Excess Pages. Plaintiffs' Motion for Preliminary Injunction is accepted as filed. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 02/27/2023)

Main Doc

Order on Motion for Leave to File Excess Pages

Feb 27, 2023

Order on Motion for Leave to Appear Pro Hac Vice

Feb 27, 2023

Order on Motion for Leave to File Excess Pages

13

Feb 27, 2023

ORDER granting 5 Motion for Leave to Appear Pro Hac Vice. Attorney YoungWoo Joh added for State of Oregon. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 02/27/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

14

Feb 27, 2023

ORDER granting 7 Motion for Leave to Appear Pro Hac Vice. Attorney Julia C. Harvey added for State of Washington. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 02/27/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

15

Feb 28, 2023

NOTICE of Appearance by Noah T Katzen on behalf of Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration (Attorney Noah T Katzen added to party Xavier Becerra(pty:dft), Attorney Noah T Katzen added to party Robert M Califf(pty:dft), Attorney Noah T Katzen added to party United States Department of Health and Human Services(pty:dft), Attorney Noah T Katzen added to party United States Food and Drug Administration(pty:dft))(Katzen, Noah) (Entered: 02/28/2023)

16

Feb 28, 2023

MOTION for Extension of Time to File Response/Reply by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. Motion Hearing set for 3/30/2023 Without Oral Argument before Judge Thomas O. Rice. (Katzen, Noah) (Entered: 02/28/2023)

Motion for Extension of Time to File Response/Reply

17

Feb 28, 2023

Unopposed MOTION to Expedite by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. Motion Hearing set for 3/7/2023 Without Oral Argument before Judge Thomas O. Rice. (Katzen, Noah) (Entered: 02/28/2023)

Mar 1, 2023

Order on Motion to Expedite

Mar 1, 2023

Set/Reset Motion Hearing

18

Mar 1, 2023

ORDER: For good cause shown, Defendants' 17 Unopposed Motion to Expedite is GRANTED. Plaintiffs shall file a response to Defendants' 16 Motion for Extension of Time no later than March 6, 2023. A hearing on the motion is set for March 7, 2023 without oral argument. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER - NO PDF ATTACHED. (HH, Law Clerk) (Entered: 03/01/2023)

Main Doc

Order on Motion to Expedite

Mar 1, 2023

Set/Reset Motion Hearing as to 16 MOTION for Extension of Time to File Response/Reply. Motion Hearing set for 3/7/2023 without oral argument before Judge Thomas O. Rice. (HH, Law Clerk)

19

Mar 1, 2023

RESPONSE to Motion re 16 MOTION for Extension of Time to File Response/Reply filed by All Plaintiffs. (Beneski, Kristin) (Entered: 03/01/2023)

Mar 2, 2023

Set/Reset Motion Hearing

Mar 2, 2023

Order on Motion for Extension of Time to File Response/Reply

20

Mar 2, 2023

ORDER: For good cause shown, Defendants' 16 Motion for Extension of Time is GRANTED in part. Defendants shall respond to Plaintiffs' 3 Motion for Preliminary Injunction on or before 3/17/2023. Plaintiffs' Reply, if any, is due on or before 3/24/2023. The hearing on the motion is RESET to 3/28/2023 at 8:30 AM in Spokane Courtroom 902 before Judge Thomas O. Rice. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF ATTACHED. (BF, Paralegal) (Entered: 03/02/2023)

Main Doc

Order on Motion for Extension of Time to File Response/Reply

Mar 2, 2023

Reset Motion Hearing as to 3 MOTION for Preliminary Injunction. Motion Hearing reset for 3/28/2023 at 8:30 AM in Spokane Courtroom 902 before Judge Thomas O. Rice. (BF, Paralegal)

21

Mar 3, 2023

MOTION to Appear Pro Hac Vice re Attorney: Aletheia Allen. Filing fee $ 200, receipt number AWAEDC-4240057, by State of New Mexico Washington. Motion Hearing set for 4/3/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) Modified on 3/3/2023 to correct the filing party (CV, Courtroom Deputy). (Entered: 03/03/2023)

22

Mar 3, 2023

MOTION to Appear Pro Hac Vice re Attorney: Eric R. Olson. Filing fee $ 200, receipt number AWAEDC-4240068. by State of Colorado. Motion Hearing set for 4/3/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/03/2023)

23

Mar 3, 2023

MOTION to Appear Pro Hac Vice re Attorney: Michael D. McMaster. Filing fee $ 200, receipt number AWAEDC-4240182. by State of Colorado. Motion Hearing set for 4/3/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/03/2023)

24

Mar 3, 2023

MOTION to Appear Pro Hac Vice re Attorney: Stephanie M. Service. Filing fee $ 200, receipt number AWAEDC-4240190. by Attorney General of Michigan. Motion Hearing set for 4/3/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/03/2023)

25

Mar 3, 2023

MOTION to Appear Pro Hac Vice re Attorney: Luci D. Davis. Filing fee $ 200, receipt number AWAEDC-4240264. by State of Arizona. Motion Hearing set for 4/3/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/03/2023)

26

Mar 3, 2023

MOTION to Appear Pro Hac Vice re Attorney: Daniel C. Barr. Filing fee $ 200, receipt number AWAEDC-4240270. by State of Arizona. Motion Hearing set for 4/3/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/03/2023)

27

Mar 6, 2023

NOTICE of Appearance by Carla Scott on behalf of State of Oregon (Attorney Carla Scott added to party State of Oregon(pty:pla))(Scott, Carla) (Entered: 03/06/2023)

28

Mar 6, 2023

NOTICE of Appearance of Counsel by Tera M Heintz on behalf of State of Washington (Attorney Tera M Heintz added to party State of Washington(pty:pla))(Heintz, Tera) (Entered: 03/06/2023)

29

Mar 7, 2023

ORDER granting 21 Motion for Leave to Appear Pro Hac Vice. Attorney Aletheia Allen added for Plaintiff State of New Mexico. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/07/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

Mar 7, 2023

Order on Motion for Leave to Appear Pro Hac Vice

30

Mar 7, 2023

ORDER granting 22 Motion for Leave to Appear Pro Hac Vice. Attorney Eric R. Olson added for Plaintiff State of Colorado. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/07/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

31

Mar 7, 2023

ORDER granting 23 Motion for Leave to Appear Pro Hac Vice. Attorney Michael D. McMaster added for Plaintiff State of Colorado. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/07/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

32

Mar 7, 2023

ORDER granting 24 Motion for Leave to Appear Pro Hac Vice. Attorney Stephanie M. Service added for Plaintiff Attorney General of Michigan. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/07/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

33

Mar 7, 2023

ORDER granting 25 Motion for Leave to Appear Pro Hac Vice. Attorney Luci D. Davis added for Plaintiff State of Arizona. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/07/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

34

Mar 7, 2023

ORDER granting 26 Motion for Leave to Appear Pro Hac Vice. Attorney Daniel C. Barr added for Plaintiff State of Arizona. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/07/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

35

Mar 9, 2023

AMENDED COMPLAINT against All Defendants. Filed by All Plaintiffs.(Beneski, Kristin) (Entered: 03/09/2023)

Mar 9, 2023

Order on Motion for Leave to Appear Pro Hac Vice

36

Mar 9, 2023

MOTION to Appear Pro Hac Vice re Attorney: Jill M. Graziano. Filing fee $ 200, receipt number AWAEDC-4244559. by Commonwealth of Pennsylvania. Motion Hearing set for 4/10/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/09/2023)

37

Mar 9, 2023

MOTION to Appear Pro Hac Vice re Attorney: Jennifer Olson. Filing fee $ 200, receipt number AWAEDC-4244590. by State of Minnesota. Motion Hearing set for 4/10/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/09/2023)

38

Mar 9, 2023

MOTION to Appear Pro Hac Vice re Attorney: Liz Kramer. Filing fee $ 200, receipt number AWAEDC-4244593. by State of Minnesota. Motion Hearing set for 4/10/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/09/2023)

39

Mar 9, 2023

MOTION to Appear Pro Hac Vice re Attorney: Caitlyn G. McEllis. Filing fee $ 200, receipt number AWAEDC-4244596. by State of Illinois. Motion Hearing set for 4/10/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/09/2023)

40

Mar 9, 2023

ORDER granting 36 Motion for Leave to Appear Pro Hac Vice. Attorney Jill M. Graziano added for Plaintiff Commonwealth of Pennsylvania. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/09/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

41

Mar 9, 2023

ORDER granting 37 Motion for Leave to Appear Pro Hac Vice. Attorney Jennifer Olson added for Plaintiff State of Minnesota. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/09/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

42

Mar 9, 2023

ORDER granting 38 Motion for Leave to Appear Pro Hac Vice. Attorney Liz Kramer added for Plaintiff State of Minnesota. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/09/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

43

Mar 9, 2023

ORDER granting 39 Motion for Leave to Appear Pro Hac Vice. Attorney Caitlyn G. McEllis for Plaintiff State of Illinois. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/09/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

44

Mar 10, 2023

MOTION to Appear Pro Hac Vice re Attorney: Nicole S. Hill. Filing fee $ 200, receipt number AWAEDC-4245466. by District of Columbia. Motion Hearing set for 4/10/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/10/2023)

45

Mar 10, 2023

MOTION to Appear Pro Hac Vice re Attorney: Vanessa L. Kassab. Filing fee $ 200, receipt number AWAEDC-4245806. by State of Delaware. Motion Hearing set for 4/10/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/10/2023)

46

Mar 13, 2023

ORDER granting 44 Motion for Leave to Appear Pro Hac Vice. Attorney Nicole S. Hill added for Plaintiff District of Columbia. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/13/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

Mar 13, 2023

Order on Motion for Leave to Appear Pro Hac Vice

47

Mar 13, 2023

ORDER granting 45 Motion for Leave to Appear Pro Hac Vice. Attorney Vanessa L. Kassab added for Plaintiff Delaware. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) Modified on 4/28/2023 to correct the State. (LAS, Case Administrator). (Entered: 03/13/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

48

Mar 15, 2023

Consent MOTION for Leave to File Excess Pages by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. Motion Hearing set for 4/14/2023 Without Oral Argument before Judge Thomas O. Rice. (Katzen, Noah) (Entered: 03/15/2023)

49

Mar 15, 2023

Consent MOTION to Expedite by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. Motion Hearing set for 3/22/2023 Without Oral Argument before Judge Thomas O. Rice. (Katzen, Noah) (Entered: 03/15/2023)

50

Mar 16, 2023

ORDER: For good cause shown, Defendants' 48 Consent Motion for Leave to File Excess Pages and 49 Consent Motion to Expedite are GRANTED. Defendants' response to Plaintiffs' 3 Motion for Preliminary Injunction shall not exceed 35 pages. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER - NO PDF ATTACHED. (HH, Law Clerk) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.) (Entered: 03/16/2023)

Main Doc

Order on Motion for Leave to File Excess Pages

Mar 16, 2023

Order on Motion to Expedite AND Order on Motion for Leave to File Excess Pages

51

Mar 17, 2023

MEMORANDUM of Points and Authorities in Opposition re 3 MOTION for Preliminary Injunction filed by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. (Attachments: # 1 Affidavit Katzen Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K)(Katzen, Noah) (Entered: 03/17/2023)

Memorandum of Points and Authorities in Opposition to Motion

52

Mar 22, 2023

MOTION for Leave to File AMICUS CURIAE BRIEF by Legal Voice. Motion Hearing set for 4/21/2023 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Beane, Amanda) (Entered: 03/22/2023)

53

Mar 22, 2023

AMICUS BRIEF by Legal Voice. (Beane, Amanda) (Entered: 03/22/2023)

54

Mar 22, 2023

MOTION for Leave to File Excess Pages for Reply in Support of Motion for Preliminary Injunction by All Plaintiffs. Motion Hearing set for 3/23/2023 Without Oral Argument before Judge Thomas O. Rice. (Beneski, Kristin) (Entered: 03/22/2023)

55

Mar 22, 2023

MOTION to Expedite Motion to Exceed Page Limits by All Plaintiffs. Motion Hearing set for 3/23/2023 Without Oral Argument before Judge Thomas O. Rice. (Beneski, Kristin) (Entered: 03/22/2023)

56

Mar 23, 2023

ORDER: For good cause shown, Plaintiffs' Unopposed 54 Motion for Leave to File Excess Pages and 55 Motion to Expedite are GRANTED. Plaintiffs' reply shall not exceed 17 pages. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER - NO PDF ATTACHED. (HH, Law Clerk) (Entered: 03/23/2023)

Main Doc

Order on Motion for Leave to File Excess Pages

Mar 23, 2023

Order on Motion to Expedite AND Order on Motion for Leave to File Excess Pages

Mar 23, 2023

Order on Motion for Leave to Appear Pro Hac Vice

57

Mar 23, 2023

MOTION to Appear Pro Hac Vice re Attorney: Halliday Moncure. Filing fee $ 200, receipt number CWAEDC-4254390. by State of Maine. Motion Hearing set for 4/24/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/23/2023)

58

Mar 23, 2023

ORDER granting 57 Motion for Leave to Appear Pro Hac Vice. Attorney Halliday Moncure added for Plaintiff State of Maine. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 03/23/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

59

Mar 24, 2023

NOTICE of Appearance by Daniel M Weiskopf on behalf of American College of Obstetricians and Gynecologists, American Medical Association, Society for Maternal-Fetal Medicine, American Academy of Family Physicians, American Academy of Pediatrics, American College of Nurse-Midwives, American Gynecological and Obstetrical Society, American Society for Reproductive Medicine, Council of University Chairs of Obstetrics & Gynecology, North American Society for Pediatric and Adolescent Gynecology, Society of General Internal Medicine, Society of Gynecologic Oncology, Society of Gynecologic Surgeons, Society of OB/GYN Hospitalists, Washington State Medical Association (Attorney Daniel M Weiskopf added to party American College of Obstetricians and Gynecologists(pty:am), Attorney Daniel M Weiskopf added to party American Medical Association(pty:am), Attorney Daniel M Weiskopf added to party Society for Maternal-Fetal Medicine(pty:am), Attorney Daniel M Weiskopf added to party American Academy of Family Physicians(pty:am), Attorney Daniel M Weiskopf added to party American Academy of Pediatrics(pty:am), Attorney Daniel M Weiskopf added to party American College of Nurse-Midwives(pty:am), Attorney Daniel M Weiskopf added to party American Gynecological and Obstetrical Society(pty:am), Attorney Daniel M Weiskopf added to party American Society for Reproductive Medicine(pty:am), Attorney Daniel M Weiskopf added to party Council of University Chairs of Obstetrics & Gynecology(pty:am), Attorney Daniel M Weiskopf added to party North American Society for Pediatric and Adolescent Gynecology(pty:am), Attorney Daniel M Weiskopf added to party Society of General Internal Medicine(pty:am), Attorney Daniel M Weiskopf added to party Society of Gynecologic Oncology(pty:am), Attorney Daniel M Weiskopf added to party Society of Gynecologic Surgeons(pty:am), Attorney Daniel M Weiskopf added to party Society of OB/GYN Hospitalists(pty:am), Attorney Daniel M Weiskopf added to party Washington State Medical Association(pty:am))(Weiskopf, Daniel) (Entered: 03/24/2023)

60

Mar 24, 2023

REPLY MEMORANDUM re 3 MOTION for Preliminary Injunction filed by All Plaintiffs. (Beneski, Kristin) (Entered: 03/24/2023)

61

Mar 24, 2023

DECLARATION by Andrew Hughes in Support re 3 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Beneski, Kristin) (Entered: 03/24/2023)

62

Mar 24, 2023

DECLARATION by Karen Nelson in Support re 3 MOTION for Preliminary Injunction filed by All Plaintiffs. (Beneski, Kristin) (Entered: 03/24/2023)

63

Mar 24, 2023

DECLARATION by Courtney Schreiber, M.D., M.P.H. in Support re 3 MOTION for Preliminary Injunction filed by All Plaintiffs. (Beneski, Kristin) (Entered: 03/24/2023)

64

Mar 24, 2023

MOTION to Appear Pro Hac Vice re Attorney: Adam Aukand-Peck. Filing fee $ 200, receipt number AWAEDC-4256420. by American Academy of Family Physicians, American Academy of Pediatrics, American College of Nurse-Midwives, American College of Obstetricians and Gynecologists, American Gynecological and Obstetrical Society, American Medical Association, American Society for Reproductive Medicine, Council of University Chairs of Obstetrics & Gynecology, North American Society for Pediatric and Adolescent Gynecology, Society for Maternal-Fetal Medicine, Society of General Internal Medicine, Society of Gynecologic Oncology, Society of Gynecologic Surgeons, Society of OB/GYN Hospitalists, Washington State Medical Association. Motion Hearing set for 4/24/2023 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Weiskopf, Daniel) (Entered: 03/24/2023)

65

Mar 24, 2023

MOTION to Appear Pro Hac Vice re Attorney: Jessica Morris. Filing fee $ 200, receipt number AWAEDC-4256443. by American Academy of Family Physicians, American Academy of Pediatrics, American College of Nurse-Midwives, American College of Obstetricians and Gynecologists, American Gynecological and Obstetrical Society, American Medical Association, American Society for Reproductive Medicine, Council of University Chairs of Obstetrics & Gynecology, North American Society for Pediatric and Adolescent Gynecology, Society for Maternal-Fetal Medicine, Society of General Internal Medicine, Society of Gynecologic Oncology, Society of Gynecologic Surgeons, Society of OB/GYN Hospitalists, Washington State Medical Association. Motion Hearing set for 4/24/2023 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Weiskopf, Daniel) (Entered: 03/24/2023)

66

Mar 24, 2023

MOTION to Appear Pro Hac Vice re Attorney: Megan McGuiggan. Filing fee $ 200, receipt number AWAEDC-4256448. by American Academy of Family Physicians, American Academy of Pediatrics, American College of Nurse-Midwives, American College of Obstetricians and Gynecologists, American Gynecological and Obstetrical Society, American Medical Association, American Society for Reproductive Medicine, Council of University Chairs of Obstetrics & Gynecology, North American Society for Pediatric and Adolescent Gynecology, Society for Maternal-Fetal Medicine, Society of General Internal Medicine, Society of Gynecologic Oncology, Society of Gynecologic Surgeons, Society of OB/GYN Hospitalists, Washington State Medical Association. Motion Hearing set for 4/24/2023 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Weiskopf, Daniel) (Entered: 03/24/2023)

67

Mar 24, 2023

MOTION to Appear Pro Hac Vice re Attorney: Molly Meegan. Filing fee $ 200, receipt number AWAEDC-4256450. by American Academy of Family Physicians, American Academy of Pediatrics, American College of Nurse-Midwives, American College of Obstetricians and Gynecologists, American Gynecological and Obstetrical Society, American Medical Association, American Society for Reproductive Medicine, Council of University Chairs of Obstetrics & Gynecology, North American Society for Pediatric and Adolescent Gynecology, Society for Maternal-Fetal Medicine, Society of General Internal Medicine, Society of Gynecologic Oncology, Society of Gynecologic Surgeons, Society of OB/GYN Hospitalists, Washington State Medical Association. Motion Hearing set for 4/24/2023 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Weiskopf, Daniel) (Entered: 03/24/2023)

68

Mar 24, 2023

MOTION to Appear Pro Hac Vice re Attorney: Shannon R. Selden. Filing fee $ 200, receipt number AWAEDC-4256453. by American Academy of Family Physicians, American Academy of Pediatrics, American College of Nurse-Midwives, American College of Obstetricians and Gynecologists, American Gynecological and Obstetrical Society, American Medical Association, American Society for Reproductive Medicine, Council of University Chairs of Obstetrics & Gynecology, North American Society for Pediatric and Adolescent Gynecology, Society for Maternal-Fetal Medicine, Society of General Internal Medicine, Society of Gynecologic Oncology, Society of Gynecologic Surgeons, Society of OB/GYN Hospitalists, Washington State Medical Association. Motion Hearing set for 4/24/2023 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Weiskopf, Daniel) (Entered: 03/24/2023)

69

Mar 24, 2023

Unopposed MOTION for Leave to File Amicus Brief in Support of Plaintiffs' Amended Complaint and Motion for Preliminary Injunction by American Academy of Family Physicians, American Academy of Pediatrics, American College of Nurse-Midwives, American College of Obstetricians and Gynecologists, American Gynecological and Obstetrical Society, American Medical Association, American Society for Reproductive Medicine, Council of University Chairs of Obstetrics & Gynecology, North American Society for Pediatric and Adolescent Gynecology, Society for Maternal-Fetal Medicine, Society of General Internal Medicine, Society of Gynecologic Oncology, Society of Gynecologic Surgeons, Society of OB/GYN Hospitalists, Washington State Medical Association. Motion Hearing set for 3/30/2023 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Amicus Brief, # 2 Text of Proposed Order)(Weiskopf, Daniel) (Entered: 03/24/2023)

70

Mar 28, 2023

Minute Entry for proceedings held before Judge Thomas O. Rice: Motion Hearing held on 3/28/2023. (Reported by: Allison Anderson) (BF, Paralegal) (Entered: 03/28/2023)

71

Mar 29, 2023

Supplemental NOTICE by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration (Katzen, Noah) (Entered: 03/29/2023)

72

Mar 30, 2023

RESPONSE to Notice of Supplemental Information by All Plaintiffs. (Attachments: # 1 Appendix A)(Beneski, Kristin) (Entered: 03/30/2023)

73

Mar 30, 2023

MOTION to Appear Pro Hac Vice re Attorney: Heidi Parry Stern. Filing fee $ 200, receipt number AWAEDC-4260631. by State of Nevada. Motion Hearing set for 5/1/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/30/2023)

74

Mar 30, 2023

MOTION to Appear Pro Hac Vice re Attorney: Steven M. Sullivan. Filing fee $ 200, receipt number AWAEDC-4260645. by State of Maryland. Motion Hearing set for 5/1/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/30/2023)

75

Mar 30, 2023

MOTION to Appear Pro Hac Vice re Attorney: Eleanor Spottswood. Filing fee $ 200, receipt number AWAEDC-4260649. by State of Vermont. Motion Hearing set for 5/1/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/30/2023)

76

Mar 30, 2023

MOTION to Intervene by State of Idaho, State of Iowa, State of Montana, State of Nebraska, State of South Carolina, State of Texas, State of Utah. Motion Hearing set for 5/1/2023 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Complaint)(Wilson, Lincoln) (Entered: 03/30/2023)

77

Mar 30, 2023

MOTION to Appear Pro Hac Vice re Attorney: Joshua N. Turner. Filing fee $ 200, receipt number AWAEDC-4260708. by State of Idaho, State of Iowa, State of Montana, State of Nebraska, State of South Carolina, State of Texas, State of Utah. Motion Hearing set for 5/1/2023 Without Oral Argument before Judge Thomas O. Rice. (Wilson, Lincoln) (Entered: 03/30/2023)

78

Apr 4, 2023

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Motion Hearing. Proceedings held on 3/28/2023 in Spokane, Washington before Judge Thomas O. Rice. Page Numbers: 1 - 28 Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. 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. Information regarding the policy can be found on the court website at www.waed.uscourts.gov. To purchase a copy of the transcript contact Court Reporter/Transcriber Allison Anderson at 509-458-3465 or Allison_Anderson@waed.uscourts.gov. Redaction Request due 4/25/2023. Redacted Transcript Deadline set for 5/5/2023. Release of Transcript Restriction set for 7/3/2023. (Anderson, Allison) (Entered: 04/04/2023)

79

Apr 6, 2023

MOTION to Appear Pro Hac Vice re Attorney: Peter M. Torstensen, Jr.. Filing fee $ 200, receipt number AWAEDC-4265245. by State of Montana. Motion Hearing set for 5/8/2023 Without Oral Argument before Judge Thomas O. Rice. (Wilson, Lincoln) (Entered: 04/06/2023)

80

Apr 7, 2023

ORDER denying ECF No. 52 Motion for Leave to File Amicus Curiae Brief; denying ECF No. 69 Motion for Leave to File Amicus Curiae Brief; granting in part and denying in part ECF No. 3 Motion for Preliminary Injunction. Signed by Judge Thomas O. Rice. (Entered: 04/07/2023)

81

Apr 10, 2023

MOTION to Clarify by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. Motion Hearing set for 5/10/2023 Without Oral Argument before Judge Thomas O. Rice. (Katzen, Noah) (Entered: 04/10/2023)

82

Apr 10, 2023

MOTION to Expedite by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. Motion Hearing set for 4/17/2023 Without Oral Argument before Judge Thomas O. Rice. (Katzen, Noah) (Entered: 04/10/2023)

83

Apr 10, 2023

MOTION to Appear Pro Hac Vice re Attorney: Joshua Perry. Filing fee $ 200, receipt number AWAEDC-4267047. by State of Connecticut. Motion Hearing set for 5/10/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 04/10/2023)

84

Apr 10, 2023

RESPONSE to Motion re 82 MOTION to Expedite filed by All Plaintiffs. (Beneski, Kristin) (Entered: 04/10/2023)

85

Apr 11, 2023

MOTION to Appear Pro Hac Vice re Attorney: Thomas T. Hydrick. Filing fee $ 200, receipt number AWAEDC-4267782. by State of South Carolina. Motion Hearing set for 5/11/2023 Without Oral Argument before Judge Thomas O. Rice. (Wilson, Lincoln) (Entered: 04/11/2023)

86

Apr 11, 2023

REPLY MEMORANDUM re 82 MOTION to Expedite filed by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. (Katzen, Noah) (Entered: 04/11/2023)

87

Apr 11, 2023

MOTION to Appear Pro Hac Vice re Attorney: Eric H. Wessan. Filing fee $ 200, receipt number AWAEDC-4267873. by State of Iowa. Motion Hearing set for 5/11/2023 Without Oral Argument before Judge Thomas O. Rice. (Wilson, Lincoln) (Entered: 04/11/2023)

88

Apr 11, 2023

MOTION to Appear Pro Hac Vice re Attorney: Leif A. Olson. Filing fee $ 200, receipt number AWAEDC-4267976. by State of Texas. Motion Hearing set for 5/11/2023 Without Oral Argument before Judge Thomas O. Rice. (Wilson, Lincoln) (Entered: 04/11/2023)

89

Apr 11, 2023

MOTION to Appear Pro Hac Vice re Attorney: Christopher A. Bates. Filing fee $ 200, receipt number AWAEDC-4267990. by State of Utah. Motion Hearing set for 5/11/2023 Without Oral Argument before Judge Thomas O. Rice. (Wilson, Lincoln) (Entered: 04/11/2023)

90

Apr 11, 2023

MOTION to Expedite by State of Idaho, State of Iowa, State of Montana, State of Nebraska, State of South Carolina, State of Texas, State of Utah. Motion Hearing set for 4/18/2023 Without Oral Argument before Judge Thomas O. Rice. (Wilson, Lincoln) (Entered: 04/11/2023)

91

Apr 13, 2023

ORDER granting ECF No. 81 Motion to Clarify; granting ECF No. 82 Motion to Expedite. Signed by Judge Thomas O. Rice. (Entered: 04/13/2023)

92

Apr 13, 2023

MEMORANDUM in Opposition re 76 MOTION to Intervene filed by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. (Katzen, Noah) (Entered: 04/13/2023)

93

Apr 13, 2023

RESPONSE to Motion re 76 MOTION to Intervene filed by All Plaintiffs. (Beneski, Kristin) (Entered: 04/13/2023)

94

Apr 13, 2023

DECLARATION by Kristin Beneski in Opposition re 76 MOTION to Intervene filed by All Plaintiffs. (Attachments: # 1 Exhibit A)(Beneski, Kristin) (Entered: 04/13/2023)

95

Apr 17, 2023

Consent MOTION for Extension of Time to File Answer by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. Motion Hearing set for 5/17/2023 Without Oral Argument before Judge Thomas O. Rice. (Katzen, Noah) (Entered: 04/17/2023)

Motion for Extension of Time to File Answer

Apr 18, 2023

Order on Motion to Expedite

Apr 18, 2023

Set/Reset Motion Hearing

96

Apr 18, 2023

ORDER: For good cause shown, the Proposed Intervenors' unopposed 90 Motion to Expedite is GRANTED. The Proposed Intervenors shall file a reply to the 76 Motion to Intervene on or before April 20, 2023. A hearing is set for the 76 Motion to Intervene and 77 79 85 87 88 89 Motions to Appear Pro Hac Vice on April 21, 2023 without oral argument. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER - NO PDF ATTACHED. (HH, Law Clerk) (Entered: 04/18/2023)

Main Doc

Order on Motion to Expedite

Apr 18, 2023

Set/Reset Motion Hearing as to 76 MOTION to Intervene, 77 MOTION to Appear Pro Hac Vice re Attorney: Joshua N. Turner, 79 MOTION to Appear Pro Hac Vice re Attorney: Peter M. Torstensen, Jr., 85 MOTION to Appear Pro Hac Vice re Attorney: Thomas T. Hydrick, 87 MOTION to Appear Pro Hac Vice re Attorney: Eric H. Wessan, 88 MOTION to Appear Pro Hac Vice re Attorney: Leif A. Olson, and 89 MOTION to Appear Pro Hac Vice re Attorney: Christopher A. Bates. Motion Hearing set for 4/21/2023 without oral argument before Judge Thomas O. Rice. (HH, Law Clerk)

97

Apr 18, 2023

MOTION to Appear Pro Hac Vice re Attorney: Erin N. Lau. Filing fee $ 200, receipt number AWAEDC-4272595. by State of Hawaii. Motion Hearing set for 5/18/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 04/18/2023)

98

Apr 19, 2023

ORDER granting 64 Motion for Leave to Appear Pro Hac Vice. Attorney Adam Aukland-Peck added for American Academy of Family Physicians; American Academy of Pediatrics; American College of Nurse-Midwives; American College of Obstetricians and Gynecologists; American Gynecological and Obstetrical Society; American Medical Association; American Society for Reproductive Medicine; Council of University Chairs of Obstetrics & Gynecology; North American Society for Pediatric and Adolescent Gynecology; Society for Maternal-Fetal Medicine; Society of General Internal Medicine; Society of Gynecologic Oncology; Society of Gynecologic Surgeons; Society of OB/GYN Hospitalists; and Washington State Medical Association. TEXT ONLY ORDER; NO PDF WILL ISSUE. Signed by Judge Thomas O. Rice. (BF, Paralegal) Modified on 5/11/2023 to correct the spelling of the last name. (LAS, Case Administrator). (Entered: 04/19/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

Apr 19, 2023

Order on Motion for Leave to Appear Pro Hac Vice

99

Apr 19, 2023

ORDER granting 65 Motion for Leave to Appear Pro Hac Vice. Attorney Jessica Morris added for American Academy of Family Physicians; American Academy of Pediatrics; American College of Nurse-Midwives; American College of Obstetricians and Gynecologists; American Gynecological and Obstetrical Society; American Medical Association; American Society for Reproductive Medicine; Council of University Chairs of Obstetrics & Gynecology; North American Society for Pediatric and Adolescent Gynecology; Society for Maternal-Fetal Medicine; Society of General Internal Medicine; Society of Gynecologic Oncology; Society of Gynecologic Surgeons; Society of OB/GYN Hospitalists; and Washington State Medical Association. TEXT ONLY ORDER; NO PDF WILL ISSUE. Signed by Judge Thomas O. Rice. (BF, Paralegal) (Entered: 04/19/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

100

Apr 19, 2023

ORDER granting 66 Motion for Leave to Appear Pro Hac Vice. Attorney Megan McGuiggan added for American Academy of Family Physicians; American Academy of Pediatrics; American College of Nurse-Midwives; American College of Obstetricians and Gynecologists; American Gynecological and Obstetrical Society; American Medical Association; American Society for Reproductive Medicine; Council of University Chairs of Obstetrics & Gynecology; North American Society for Pediatric and Adolescent Gynecology; Society for Maternal-Fetal Medicine; Society of General Internal Medicine; Society of Gynecologic Oncology; Society of Gynecologic Surgeons; Society of OB/GYN Hospitalists; and Washington State Medical Association. TEXT ONLY ORDER; NO PDF WILL ISSUE. Signed by Judge Thomas O. Rice. (BF, Paralegal) (Entered: 04/19/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

101

Apr 19, 2023

ORDER granting 67 Motion for Leave to Appear Pro Hac Vice. Attorney Molly Meegan added for American Academy of Family Physicians; American Academy of Pediatrics; American College of Nurse-Midwives; American College of Obstetricians and Gynecologists; American Gynecological and Obstetrical Society; American Medical Association; American Society for Reproductive Medicine; Council of University Chairs of Obstetrics & Gynecology; North American Society for Pediatric and Adolescent Gynecology; Society for Maternal-Fetal Medicine; Society of General Internal Medicine; Society of Gynecologic Oncology; Society of Gynecologic Surgeons; Society of OB/GYN Hospitalists; and Washington State Medical Association. TEXT ONLY ORDER; NO PDF WILL ISSUE. Signed by Judge Thomas O. Rice. (BF, Paralegal) (Entered: 04/19/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

102

Apr 19, 2023

ORDER granting 68 Motion for Leave to Appear Pro Hac Vice. Attorney Shannon Rose Selden added for American Academy of Family Physicians; American Academy of Pediatrics; American College of Nurse-Midwives; American College of Obstetricians and Gynecologists; American Gynecological and Obstetrical Society; American Medical Association; American Society for Reproductive Medicine; Council of University Chairs of Obstetrics & Gynecology; North American Society for Pediatric and Adolescent Gynecology; Society for Maternal-Fetal Medicine; Society of General Internal Medicine; Society of Gynecologic Oncology; Society of Gynecologic Surgeons; Society of OB/GYN Hospitalists; and Washington State Medical Association. TEXT ONLY ORDER; NO PDF WILL ISSUE. Signed by Judge Thomas O. Rice. (BF, Paralegal) (Entered: 04/19/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

103

Apr 19, 2023

REPLY MEMORANDUM re 76 MOTION to Intervene filed by State of Idaho, State of Iowa, State of Montana, State of Nebraska, State of South Carolina, State of Texas, State of Utah. (Wilson, Lincoln) (Entered: 04/19/2023)

104

Apr 21, 2023

ORDER DENYING 76 MOTION TO INTERVENE. Proposed State Plaintiff-Intervenors' State of Montana, State of Nebraska, State of South Carolina, State of Texas, State of Utah, State of Idaho and State of Iowa are terminated; granting 77 Motion for Leave to Appear Pro Hac Vice. Added Attorney Joshua N Turner for State of Idaho; granting 79 Motion for Leave to Appear Pro Hac Vice. Added Peter M Torstensen, Jr for State of Montana; granting 85 Motion for Leave to Appear Pro Hac Vice. Added Attorney Thomas T Hydrick for State of South Carolina; granting 87 Motion for Leave to Appear Pro Hac Vice. Added Attorney Eric H Wessan for State of Iowa; granting 88 Motion for Leave to Appear Pro Hac Vice. Added Attorney Leif A Olson for State of Texas; granting 89 Motion for Leave to Appear Pro Hac Vice. Added Attorney Christopher A Bates for State of Utah. Signed by Judge Thomas O. Rice. (TNC, Case Administrator) (Entered: 04/21/2023)

105

Apr 24, 2023

ORDER: For good cause shown, Defendants' 95 Consent Motion for Extension of Time is GRANTED. Defendants shall respond to the Amended Complaint on or before May 15, 2023. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER - NO PDF ATTACHED. (HH, Law Clerk) (Entered: 04/24/2023)

Main Doc

Order on Motion for Extension of Time to Answer

Apr 24, 2023

Order on Motion for Extension of Time to Answer

106

Apr 26, 2023

LODGED NOTICE OF APPEAL from District Court decision as to 104 Order on Motion to Intervene,,,, Order on Motion for Leave to Appear Pro Hac Vice,,,,,,,,,,,,,,,,,,,,,,, by State of Idaho, State of Iowa, State of Montana, State of Nebraska, State of South Carolina, State of Texas, State of Utah. Filing fee $ 505, receipt number AWAEDC-4279245. (Wilson, Lincoln) (Entered: 04/26/2023)

107

Apr 26, 2023

NOTICE OF INTERLOCUTORY APPEAL as to 104 Order on Motion to Intervene/Order on Motion for Leave to Appear Pro Hac Vice filed 4/21/2023 by State of Idaho, State of Iowa, State of Montana, State of Nebraska, State of South Carolina, State of Texas and State of Utah. (TNC, Case Administrator) Modified on 5/1/2023 9CCA: 23-35294 (TNC, Case Administrator). (Entered: 04/26/2023)

108

Apr 26, 2023

Letter from Appeal Deputy Clerk to Lincoln Davis Wilson dated 4/26/2023. (Attachments: # 1 Notice of Interlocutory Appeal, # 2 Docket Report)(TNC, Case Administrator) (Entered: 04/26/2023)

109

Apr 27, 2023

ORDER granting 73 Motion for Leave to Appear Pro Hac Vice. Attorney Heidi Parry Stern added for State of Nevada. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 04/27/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

Apr 27, 2023

Order on Motion for Leave to Appear Pro Hac Vice

110

Apr 27, 2023

ORDER granting 74 Motion for Leave to Appear Pro Hac Vice. Attorney Steven M Sullivan added for State of Maryland. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 04/27/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

111

Apr 27, 2023

ORDER granting 75 Motion for Leave to Appear Pro Hac Vice. Attorney Eleanor Spottswood added for State of Vermont. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 04/27/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

112

Apr 27, 2023

ORDER granting 83 Motion for Leave to Appear Pro Hac Vice. Attorney Joshua Perry added for State of Connecticut. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 04/27/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

113

Apr 27, 2023

ORDER granting 97 Motion for Leave to Appear Pro Hac Vice. Attorney Erin N Lau added for State of Hawaii. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) Modified on 4/27/2023 to correct the docket text (LAS, Case Administrator). (Entered: 04/27/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

114

Apr 27, 2023

MOTION to Appear Pro Hac Vice re Attorney: Sabrena K. Clinton. Filing fee $ 200, receipt number AWAEDC-4280602. by State of Nevada. Motion Hearing set for 5/30/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 04/27/2023)

115

Apr 28, 2023

ORDER granting 114 Motion for Leave to Appear Pro Hac Vice. Attorney Sabrena K Clinton added for State of Nevada. Signed by Judge Thomas O. Rice. TEXT ONLY NOTICE; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 04/28/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

Apr 28, 2023

Order on Motion for Leave to Appear Pro Hac Vice

116

May 1, 2023

9CCA Appeal Time Schedule and Case Number: 23-35294 for 107 Notice of Interlocutory Appeal, filed by State of Utah, State of Texas, State of Nebraska, State of Iowa, State of Montana, State of South Carolina, State of Idaho. Designation Due: 5/30/2023. Transcript Due: 6/30/2023. Opening Brief Due: 8/7/2023. Appellees Brief Due: 9/7/2023. Mediation Questionnaire Due: 5/8/2023. (TNC, Case Administrator) Modified on 5/1/2023 as to docket text (TNC, Case Administrator). (Entered: 05/01/2023)

117

May 10, 2023

Joint MOTION for Extension of Time to File Answer and to Set Deadline to Produce Administrative Record by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. Motion Hearing set for 6/9/2023 Without Oral Argument before Judge Thomas O. Rice. (Katzen, Noah) (Entered: 05/10/2023)

Motion for Extension of Time to File Answer

118

May 10, 2023

Joint MOTION to Expedite by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. Motion Hearing set for 5/17/2023 Without Oral Argument before Judge Thomas O. Rice. (Katzen, Noah) (Entered: 05/10/2023)

119

May 11, 2023

ORDER: For good cause shown, the parties' 117 Joint Motion for Extension of Time to Answer and to Set Deadline to Produce Administrative Record and 118 Joint Motion to Expedite are GRANTED. Defendants shall respond to the Amended Complaint on or before June 23, 2023. Defendants shall produce the administrative record at issue on or before September 1, 2023. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER - NO PDF ATTACHED. (HH, Law Clerk) (Entered: 05/11/2023)

Main Doc

Order on Motion for Extension of Time to Answer

May 11, 2023

Order on Motion for Extension of Time to Answer AND Order on Motion to Expedite

120

Jun 15, 2023

Joint MOTION for Extension of Time to File Answer re 35 Amended Complaint by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. Motion Hearing set for 7/17/2023 Without Oral Argument before Judge Thomas O. Rice. (Katzen, Noah) (Entered: 06/15/2023)

Motion for Extension of Time to File Answer

121

Jun 15, 2023

Joint MOTION to Expedite by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. Motion Hearing set for 6/22/2023 Without Oral Argument before Judge Thomas O. Rice. (Katzen, Noah) (Entered: 06/15/2023)

122

Jun 16, 2023

ORDER: The Parties' Joint Motion to Modify Deadlines and Expedite are GRANTED. ECF Nos. 120 and 121 . Defendants' deadline to respond to the Amended Complaint set forth in ECF No. 119 is deferred until after the Court rules on any motions for summary judgment and two weeks following the Court's ruling on any motions for summary judgment, the parties shall file a joint status report proposing a new deadline to answer the Amended Complaint. Signed by Judge Thomas O. Rice. TEXT ORDER ONLY - NO PDF ATTACHED (Entered: 06/16/2023)

Main Doc

Order on Motion for Extension of Time to Answer

Jun 16, 2023

Order on Motion for Extension of Time to Answer AND Order on Motion to Expedite

123

Jun 28, 2023

MOTION to Appear Pro Hac Vice re Attorney: Shannon Stevenson. Filing fee $ 200, receipt number AWAEDC-4324228. by State of Colorado. Motion Hearing set for 7/28/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 06/28/2023)

124

Jul 6, 2023

ORDER granting 123 Motion for Leave to Appear Pro Hac Vice. Attorney Shannon Stevenson added for State of Colorado. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER - NO PDF ATTACHED. (HH, Law Clerk) (Entered: 07/06/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

Jul 6, 2023

Order on Motion for Leave to Appear Pro Hac Vice

125

Aug 2, 2023

Unopposed MOTION to Withdraw as Attorney (atty Leif A. Olson) by State of Texas. Motion Hearing set for 9/1/2023 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Olson, Leif) (Entered: 08/02/2023)

126

Aug 22, 2023

ORDER granting 125 Motion to Withdraw as Attorney. Attorney Leif A Olson terminated. Signed by Judge Thomas O. Rice. TEXT ORDER ONLY - NO PDF ATTACHED (Entered: 08/22/2023)

Main Doc

Order on Motion to Withdraw as Attorney

Aug 22, 2023

Order on Motion to Withdraw as Attorney

127

Sep 1, 2023

INDEX TO ADMINISTRATIVE RECORD by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. (Katzen, Noah) (Entered: 09/01/2023)

128

Oct 24, 2023

ORDER: Pursuant to the parties' agreement, a Joint Status Report shall be filed no later than 30 days after the U.S. Supreme Court rules on the pending writ of certiorari. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 10/24/2023)

Main Doc

Order

Oct 24, 2023

Order

129

Nov 2, 2023

MOTION to Appear Pro Hac Vice re Attorney: Sarah L.J. Aceves. Filing fee $ 200, receipt number AWAEDC-4412648. by State of Vermont Washington. Motion Hearing set for 11/2/2023 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) Modified on 2/12/2024 to correct state (AY, Case Administrator). (Entered: 11/02/2023)

Nov 3, 2023

Order on Motion for Leave to Appear Pro Hac Vice

Nov 3, 2023

Reset Motion Hearing as to 129 MOTION to Appear Pro Hac Vice re Attorney: Sarah L.J. Aceves. Filing fee $ 200, receipt number AWAEDC-4412648.. Motion Hearing reset for 12/1/2023 Without Oral Argument before Judge Thomas O. Rice pursuant to Local Rule. (BF, Paralegal)

Nov 3, 2023

Set/Reset Motion Hearing

130

Nov 3, 2023

ORDER granting 129 Motion for Leave to Appear Pro Hac Vice. Attorney Sarah LJ Aceves added for State of Washington. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL FOLLOW. (BF, Paralegal) (Entered: 11/03/2023)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

131

Jan 12, 2024

STATUS REPORT by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. (Katzen, Noah) (Entered: 01/12/2024)

132

Jan 17, 2024

ORDER: Pursuant to the parties' Joint Status Report ECF No. 131, the parties shall file another Joint Status Report with this Court within 30 days after the Supreme Court issues its opinion(s) in FDA v. Alliance for Hippocratic Medicine, No. 23-235 and Danco Laboratories, LLC v. Alliance for Hippocratic Medicine, No. 23-236. The Court defers setting a summary judgment briefing schedule until after the Supreme Court rules in these cases. Signed by Judge Thomas O. Rice. TEXT ORDER ONLY - NO PDF ATTACHED. (Entered: 01/17/2024)

Main Doc

Order

Jan 17, 2024

Order

133

Jan 19, 2024

MOTION to Supplement the Administrative Record by All Plaintiffs. Motion Hearing set for 2/20/2024 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Beneski, Kristin) (Entered: 01/19/2024)

134

Jan 19, 2024

DECLARATION by Kristin Beneski in Support re 133 MOTION to Supplement the Administrative Record filed by All Plaintiffs. (Beneski, Kristin) Document SEALED on 1/22/2024. Counsel will refile a redacted document. (LLH, Courtroom Deputy). Modified on 1/24/2024: See Amended/Corrected Document filed at ECF No. 136 . (TNC, Case Administrator). (Entered: 01/19/2024)

Main Doc

Declaration in Support of Motion

135

Jan 19, 2024

DECLARATION by Jennifer D. Williams in Support re 133 MOTION to Supplement the Administrative Record filed by All Plaintiffs. (Beneski, Kristin) (Entered: 01/19/2024)

136

Jan 22, 2024

CORRECTED DOCUMENT filed by State of Washington Re 134 Declaration in Support of Motion, 133 MOTION to Supplement the Administrative Record . Description: At Defendants request, the replacement document redacts the names of two Food and Drug Administration employees, and is otherwise identical to the originally filed document.. (Beneski, Kristin) (Entered: 01/22/2024)

137

Jan 31, 2024

MOTION to Appear Pro Hac Vice re Attorney: Joshua M. Segal. Filing fee $ 200, receipt number AWAEDC-4474576. by State of Washington. Motion Hearing set for 3/1/2024 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 01/31/2024)

138

Feb 2, 2024

MOTION to Appear Pro Hac Vice re Attorney: Elizabeth Lester-Abdalla. Filing fee $ 200, receipt number AWAEDC-4476324. by State of Washington. Motion Hearing set for 3/4/2024 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 02/02/2024)

139

Feb 2, 2024

MEMORANDUM in Opposition re 133 MOTION to Supplement the Administrative Record filed by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. (Katzen, Noah) (Entered: 02/02/2024)

140

Feb 2, 2024

DECLARATION by Noah T. Katzen in Opposition re 133 MOTION to Supplement the Administrative Record filed by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Katzen, Noah) (Entered: 02/02/2024)

141

Feb 9, 2024

REPLY MEMORANDUM re 133 MOTION to Supplement the Administrative Record filed by All Plaintiffs. (Beneski, Kristin) (Entered: 02/09/2024)

142

Feb 9, 2024

DECLARATION by Kristin Beneski in Support re 133 MOTION to Supplement the Administrative Record filed by All Plaintiffs. (Attachments: # 1 Exhibit B, # 2 Exhibit C)(Beneski, Kristin) (Entered: 02/09/2024)

143

Feb 22, 2024

NOTICE OF WITHDRAWAL OF COUNSEL by Jill M Graziano on behalf of Plaintiff Commonwealth of Pennsylvania (Graziano, Jill) (Entered: 02/22/2024)

144

Mar 5, 2024

ORDER granting 137 Motion for Leave to Appear Pro Hac Vice. Attorney Joshua M Segal added for State of Maryland. TEXT ONLY ORDER, NO PDF WILL ISSUE. Signed by Judge Thomas O. Rice. (REH, Law Clerk) (Entered: 03/05/2024)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

Mar 5, 2024

Order on Motion for Leave to Appear Pro Hac Vice

145

Mar 5, 2024

ORDER granting 138 Motion for Leave to Appear Pro Hac Vice. Attorney Elizabeth Lester-Abdalla added for Commonwealth of Pennsylvania. TEXT ONLY ORDER, NO PDF WILL ISSUE. Signed by Judge Thomas O. Rice. (REH, Law Clerk) (Entered: 03/05/2024)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

146

Mar 8, 2024

ORDER GRANTING IN PART 133 PLAINTIFFS' MOTION TO SUPPLEMENT THE ADMINISTRATIVE RECORD. Signed by Judge Thomas O. Rice. (TNC, Case Administrator) (Entered: 03/08/2024)

147

Mar 12, 2024

MOTION to Appear Pro Hac Vice re Attorney: Lisa E. Eisenberg. Filing fee $ 200, receipt number AWAEDC-4502094. by State of Washington. Motion Hearing set for 4/11/2024 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 03/12/2024)

148

Mar 18, 2024

NOTICE OF WITHDRAWAL OF COUNSEL by Elizabeth Lester-Abdalla on behalf of Plaintiff Commonwealth of Pennsylvania (Lester-Abdalla, Elizabeth) (Entered: 03/18/2024)

149

Mar 29, 2024

ORDER granting 147 Motion for Leave to Appear Pro Hac Vice. Attorney Lisa E Eisenberg added for Commonwealth of Pennsylvania. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (REH, Law Clerk) (Entered: 03/29/2024)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

Mar 29, 2024

Order on Motion for Leave to Appear Pro Hac Vice

150

Apr 12, 2024

INDEX (Amended) to Administrative Record by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. (Katzen, Noah) (Entered: 04/12/2024)

151

Jun 13, 2024

COPY OF 9CCA ORDER as to 107 Notice of Interlocutory Appeal, filed by State of Utah, State of Texas, State of Nebraska, State of Iowa, State of Montana, State of South Carolina, State of Idaho. 9CCA: 23-35294. (WMK, Case Administrator) (Entered: 06/24/2024)

152

Jul 15, 2024

STATUS REPORT (Joint) by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. (Katzen, Noah) (Entered: 07/15/2024)

153

Jul 16, 2024

ORDER SETTING BRIEFING SCHEDULE. Signed by Judge Thomas O. Rice. (WMK, Case Administrator) (Entered: 07/16/2024)

154

Jul 17, 2024

NOTICE OF WITHDRAWAL OF COUNSEL by Shannon Wells Stevenson on behalf of Plaintiff State of Colorado (Stevenson, Shannon) (Entered: 07/17/2024)

Notice of Withdrawal of Counsel

155

Jul 24, 2024

9CCA Opinion (for Publication): Decision of the District Court is AFFIRMED in part and DISMISSED in part. 9CCA Case No. 23-35294. (WMK, Case Administrator) (Entered: 07/24/2024)

156

Oct 10, 2024

MOTION for Summary Judgment by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Beneski, Kristin) (Entered: 10/10/2024)

157

Oct 10, 2024

DECLARATION by Kristin Beneski in Support re 156 MOTION for Summary Judgment filed by All Plaintiffs. (Attachments: # 1 Appendix Index of Excerpts of Administrative Record (EAR), # 2 Appendix EAR Volume A, # 3 Appendix EAR Volume B, # 4 Appendix EAR Volume C, # 5 Appendix EAR Volume D, # 6 Appendix EAR Volume E, # 7 Appendix EAR Volume F)(Beneski, Kristin) (Entered: 10/10/2024)

Appendix Index of Excerpts of Administrative Record (EAR)

158

Oct 30, 2024

COPY OF 9CCA ORDER as to 107 Notice of Interlocutory Appeal, filed by State of Utah, State of Texas, State of Nebraska, State of Iowa, State of Montana, State of South Carolina, State of Idaho. The petition for rehearing en banc is denied. 9CCA: 23-35294. (WMK, Case Administrator) (Entered: 10/30/2024)

159

Nov 7, 2024

MANDATE from 9CCA as to 107 Notice of Interlocutory Appeal, filed by State of Utah, State of Texas, State of Nebraska, State of Iowa, State of Montana, State of South Carolina, State of Idaho. Decision of the District Court is AFFIRMED in part and DISMISSED in part. 9CCA: 23-35294. (WMK, Case Administrator) (Entered: 11/07/2024)

160

Nov 7, 2024

MOTION to Appear Pro Hac Vice re Attorney: Alma Rose Nunley. Filing fee $ 200, receipt number AWAEDC-4669761. by State of Washington. Motion Hearing set for 12/9/2024 Without Oral Argument before Judge Thomas O. Rice. (Hughes, Andrew) (Entered: 11/07/2024)

161

Nov 8, 2024

ORDER granting 160 Motion for Leave to Appear Pro Hac Vice. Attorney Alma Rose Nunley added for State of Connecticut Signed by Judge Thomas O. Rice. (KAL, Law Clerk) TEXT ONLY ORDER; NO PDF WILL ISSUE (Entered: 11/08/2024)

Main Doc

Order on Motion for Leave to Appear Pro Hac Vice

Nov 8, 2024

Order on Motion for Leave to Appear Pro Hac Vice

162

Nov 21, 2024

Stipulated MOTION to Extend Deadlines by Xavier Becerra, Robert M Califf, United States Department of Health and Human Services, United States Food and Drug Administration. Motion Hearing set for 12/23/2024 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Katzen, Noah) (Entered: 11/21/2024)

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