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)
Complaint
Exhibit Table of Contents
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Exhibit L
Exhibit M
Exhibit N
Exhibit O
Exhibit P
Exhibit Q
Exhibit R
Exhibit S
Summons FDA
Summons Califf
Summons HHS
Summons Becerra
Civil Cover Sheet
Feb 23, 2023
Notice of Judge Assignment. Judge Thomas O. Rice assigned to case. (TNC, Case Administrator)
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)
Motion for Leave to File Excess Pages
Text of Proposed Order
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)
Motion for Preliminary Injunction
Text of Proposed Order
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)
Declaration in Support of Motion
Exhibit 1-19
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)
Motion to Appear Pro Hac Vice
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 Issued
Summons US Department of Health and Human Services
Summons Robert Califf
Summons Xavier Becerra
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)
Motion to Appear Pro Hac Vice
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)
Notice (Other)
9
Feb 24, 2023
PROOF OF SERVICE by All Plaintiffs re All Defendants. (Beneski, Kristin) (Entered: 02/24/2023)
Proof of Service
10
Feb 24, 2023
PROOF OF SERVICE by All Plaintiffs re All Defendants. (Beneski, Kristin) (Entered: 02/24/2023)
Proof of Service
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)
Certificate of Service
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
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)
Notice of Appearance
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)
Motion to Expedite
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)
Response to Motion
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)
Motion to Appear Pro Hac Vice
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)
Motion to Appear Pro Hac Vice
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)
Motion to Appear Pro Hac Vice
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)
Motion to Appear Pro Hac Vice
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)
Motion to Appear Pro Hac Vice
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)
Motion to Appear Pro Hac Vice
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)
Notice of Appearance
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)
Notice of Appearance
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
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)
Amended Complaint
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)
Motion to Appear Pro Hac Vice
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)
Motion to Appear Pro Hac Vice
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)
Motion to Appear Pro Hac Vice
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)
Motion to Appear Pro Hac Vice
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)
Motion to Appear Pro Hac Vice
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)
Motion to Appear Pro Hac Vice
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
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)
Motion for Leave to File Excess Pages
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)
Motion to Expedite
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
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
Affidavit Katzen Declaration
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
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)
Motion for Leave to File
Text of Proposed Order
53
Mar 22, 2023
AMICUS BRIEF by Legal Voice. (Beane, Amanda) (Entered: 03/22/2023)
Amicus Brief
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)
Motion for Leave to File Excess Pages
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)
Motion to Expedite
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
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)
Motion to Appear Pro Hac Vice
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)
Notice of Appearance
60
Mar 24, 2023
REPLY MEMORANDUM re 3 MOTION for Preliminary Injunction filed by All Plaintiffs. (Beneski, Kristin) (Entered: 03/24/2023)
Reply Memorandum
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)
Declaration in Support of Motion
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Exhibit L
Exhibit M
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)
Declaration in Support of Motion
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)
Declaration in Support of Motion
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)
Motion to Appear Pro Hac Vice
Text of Proposed Order
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)
Motion to Appear Pro Hac Vice
Text of Proposed Order
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)
Motion to Appear Pro Hac Vice
Text of Proposed Order
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)
Motion to Appear Pro Hac Vice
Text of Proposed Order
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)
Motion to Appear Pro Hac Vice
Text of Proposed Order
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)
Motion for Leave to File
Amicus Brief
Text of Proposed Order
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)
Motion Hearing
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)
Notice (Other)
72
Mar 30, 2023
RESPONSE to Notice of Supplemental Information by All Plaintiffs. (Attachments: # 1 Appendix A)(Beneski, Kristin) (Entered: 03/30/2023)
Response
Appendix A
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)
Motion to Appear Pro Hac Vice
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)
Motion to Appear Pro Hac Vice
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)
Motion to Appear Pro Hac Vice
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)
Motion to Intervene
Complaint
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)
Motion to Appear Pro Hac Vice
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)
Transcript
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)
Motion to Appear Pro Hac Vice
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)
Order on Motion for Leave to File
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)
Motion to Clarify
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)
Motion to Expedite
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)
Motion to Appear Pro Hac Vice
84
Apr 10, 2023
RESPONSE to Motion re 82 MOTION to Expedite filed by All Plaintiffs. (Beneski, Kristin) (Entered: 04/10/2023)
Response to Motion
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)
Motion to Appear Pro Hac Vice
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)
Reply Memorandum
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)
Motion to Appear Pro Hac Vice
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)
Motion to Appear Pro Hac Vice
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)
Motion to Appear Pro Hac Vice
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)
Motion to Expedite
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)
Order on Motion to Clarify
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)
Memorandum in Opposition to Motion
93
Apr 13, 2023
RESPONSE to Motion re 76 MOTION to Intervene filed by All Plaintiffs. (Beneski, Kristin) (Entered: 04/13/2023)
Response to Motion
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)
Declaration in Opposition to Motion
Exhibit A
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
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)
Motion to Appear Pro Hac Vice
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
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)
Reply Memorandum
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)
Order on Motion to Intervene
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
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)
9CCA Notice of Appeal
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)
Notice of Interlocutory Appeal
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)
Letter-Appeal
Notice of Interlocatory Appeal
Docket Report
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
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)
Motion to Appear Pro Hac Vice
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
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)
9CCA Time Schedule
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)
Motion to Expedite
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
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)
Motion to Expedite
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
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)
Motion to Appear Pro Hac Vice
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
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)
Motion to Withdraw as Attorney
Text of Proposed Order
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
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)
Index
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
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)
Motion 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)
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)
Status Report
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
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)
Motion for Miscellaneous Relief
Text of Proposed Order
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)
Declaration in Support of Motion
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)
Amended/Corrected Document
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)
Motion to Appear Pro Hac Vice
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)
Motion to Appear Pro Hac Vice
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)
Memorandum in Opposition to Motion
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)
Declaration in Opposition to Motion
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
141
Feb 9, 2024
REPLY MEMORANDUM re 133 MOTION to Supplement the Administrative Record filed by All Plaintiffs. (Beneski, Kristin) (Entered: 02/09/2024)
Reply Memorandum
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)
Declaration in Support of Motion
Exhibit B
Exhibit C
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)
Notice of Withdrawal of Counsel
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
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)
Order on Motion for Miscellaneous Relief
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)
Motion to Appear Pro Hac Vice
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)
Notice of Withdrawal of Counsel
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
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)
Index
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)
9CCA Order
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)
Status Report
153
Jul 16, 2024
ORDER SETTING BRIEFING SCHEDULE. Signed by Judge Thomas O. Rice. (WMK, Case Administrator) (Entered: 07/16/2024)
Order
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)
9CCA Memorandum/Opinion
156
Oct 10, 2024
MOTION for Summary Judgment by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Beneski, Kristin) (Entered: 10/10/2024)
Motion for Summary Judgment
Text of Proposed Order
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)
Declaration in Support of Motion
Appendix Index of Excerpts of Administrative Record (EAR)
Appendix EAR Volume A
Appendix EAR Volume B
Appendix EAR Volume C
Appendix EAR Volume D
Appendix EAR Volume E
Appendix EAR Volume F
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)
9CCA Order
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)
9CCA Mandate
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)
Motion to Appear Pro Hac Vice
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
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)
Motion to Extend Deadlines
Text of Proposed Order