Case: Alabama Association of Realtors v. U.S. Dep't of Health and Human Services

1:20-cv-03377 | U.S. District Court for the District of Columbia

Filed Date: Nov. 20, 2020

Closed Date: Sept. 3, 2021

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This civl action was filed on November 20, 2020 by two trade associations, three limited liability companies, and two individual landlords, seeking a judgment setting aside the CDC's eviction moratorium. The district court granted summary judgment for the plaintiffs but stayed the case pending appeal on May 5, 2021. The Supreme Court vacated the stay on August 26, 2021. The case is now closed.This is a case about the legality and constitutionality of the Centers for Disease C…

COVID-19 Summary: This civl action was filed on November 20, 2020 by two trade associations, three limited liability companies, and two individual landlords, seeking a judgment setting aside the CDC's eviction moratorium. The district court granted summary judgment for the plaintiffs but stayed the case pending appeal on May 5, 2021. The Supreme Court vacated the stay on August 26, 2021. The case is now closed.


This is a case about the legality and constitutionality of the Centers for Disease Control and Prevention's (CDC) eviction moratorium, which became effective on September 4, 2020, and prohibited landlords from evicting certain tenants until at least December 31, 2020. On November, 20, 2020, two trade associations of residential real estate owners, three limited liability real estate companies, and two individuals involved in leasing residential property filed this lawsuit in the U.S. District Court for the District of Columbia. They sued the Department of Health and Human Services (HHS), the Department of Justice (DOJ), and the CDC. The plaintiffs sought an injunction setting aside the eviction moratorium, a judgment holding that Section 361(a) of the Public Health Service Act (PHSA) is unconstitutional, an injunction enjoining defendants from enforcing the eviction moratorium, and costs and attorneys' fees.

The plaintiffs asserted that the eviction moratorium violated the Administrative Procedure Act (APA) by failing to observe proper statutory procedures and by exceeding the CDC's statutory authority under Section 361 of the PHSA. The plaintiffs also argued that the eviction moratorium was an arbitrary and capricious agency action. Furthermore, the plaintiffs asserted that Section 361 of the PHSA violated the Article I Vesting Clause and the separation of powers and is therefore unconstitutional to the extent that it authorizes the eviction moratorium. The plaintiffs also argued that the eviction moratorium violated the APA by violating several of the plaintiffs' constitutional rights including the rights provided in the Fifth Amendment's Takings Clause, the Fifth Amendment's Due Process Clause, and the right of access to court for the redress of grievances found in the Article IV Privileges and Immunities Clause, the First Amendment's Petition Clause, the Fifth Amendment's Due Process Clause, and the Fourteenth Amendment's Equal Protection and Due Process Clauses.

The plaintiffs moved for expedited summary judgment on the same day the complaint was filed, November 20, 2020. The defendants opposed the plaintiffs' motion and also moved for summary judgment on December 21. On December 27, 2021, President Trump signed the Consolidated Appropriations Act, which extended the eviction moratorium to January 31, 2021. In response to the new law, the defendants moved to dismiss the plaintiffs' claims regarding the eviction moratorium's statutory violations and the violation of the nondelegation doctrine on January 6, 2021. On January 7, 2021, the plaintiffs moved for a temporary stay of the case, in which the government consented. The Court granted the motion on January 8. The CDC then extended the eviction moratorium twice, with the latter extension set to expire on June 30, 2021. On May 5, 2021, Judge Dabney L. Friedrich granted the plaintiffs' motion for expedited summary judgment and denied the defendants' motion for summary judgment and partial motion to dismiss. 2021 WL 1779282.

The Court set aside the eviction moratorium, finding that HHS and the CDC exceeded the authority provided for in Section 361 of the Public Health Service Act, which empowers the Secretary of HHS to make and enforce regulations necessary to prevent the introduction, transmission, or spread communicable diseases internationally or between states. In carrying out this power, the Secretary is authorized to provide for inspection, fumigation, disinfection, sanitation, pest extermination, the destruction of animals or articles, and other measures that may be necessary. The Secretary is also authorized to apprehend, examine, and detain individuals believed to be infected with a communicable disease, within certain limits. These powers have been delegated to the Director of the CDC by regulation. In determining whether HHS and the CDC exceeded their statutory authority, the Court applied a Chevron analysis. In analyzing the eviction moratorium under Chevron, the Court first looked to whether the text of the PHSA authorized a nationwide halt in evictions. The Court found that the CDC's interpretation of its authority was too broad and that the PHSA did not confer this authority because regulations pursuant to Section 361 must be directed toward specific targets found to be sources of infection. While the CDC argued that Congress ratified the agency's action when it extended the moratorium in the Consolidated Appropriations Act, the Court disagreed with this contention. The Court found that since Congress withdrew its support for the moratorium on January 31, 2021, the moratorium was no longer authorized by Congress and must be analyzed through the PHSA alone.

On the same day Judge Friedrich granted summary judgment for the plaintiffs, the defendants appealed to the District of Columbia Circuit and filed an emergency motion for stay pending appeal and an immediate administrative stay. On May 14, 2021, Judge Friedrich granted the government's motion. In deciding whether to grant the motion, the Court analyzed four factors: (1) likelihood of success on the merits; (2) certainty of irreparable harm; (3) whether a stay would substantially injure other parties with an interest in the proceeding; and (4) the public's interest. The Court found that the government was not likely to succeed on the merits of the case, for the same reasons the Court granted the plaintiffs' motion for summary judgment. However, the Court also stated that the failure to demonstrate a likelihood of success does not preclude a stay if there is a serious legal question remaining in the case. The Court noted that while a majority of courts that have addressed the lawfulness of the CDC's moratorium have found it unlawful, that at least two courts have disagreed. The Court also found that the government showed that irreparable harm would result in absence of a stay due to the connection between COVID-19 transmission and evictions. The Court found that a stay would likely cause financial injury to the plaintiffs but that some of their losses would be recoverable through state court proceedings. Regarding the fourth factor, the Court found that the public interest weighed in favor of a stay due to health reasons. After weighing these four factors, the Court exercised its discretion to grant the government's motion for stay.

On May 17, 2021, the plaintiffs notified the Court that they intended to move the DC Circuit to vacate the order granting the defendants' motion for stay pending appeal and also to file an application to vacate the stay in the U.S. Supreme Court. On June 2, 2021, the DC Circuit denied the plaintiffs' motion to vacate the district court's stay pending appeal. 2021 WL 2221646. The DC Circuit found that the district court did not abuse its discretion in granting the stay. The Court found that the government made a strong showing that it is likely to succeed on the merits because the moratorium fell within the plain text of Section 361(a) of the PHSA. The Court also noted that Congress has recognized HHS's authority to issue the moratorium by extending it in the Consolidated Appropriations Act. The Court found that the record did not show any likelihood for irreparable injury to the plaintiffs and that the moratorium was narrowly tailored because it only applied to certain tenants and preserved the tenant's obligation to pay all rent due.

The plaintiffs then appealed to the United States Supreme Court, requesting that the Court vacate the district court's stay. On June 29, 2021, the Supreme Court denied the plaintiffs' application. 141 S.Ct. 2320 (2021). Justices Thomas, Alito, Gorsuch, and Barrett would have granted the stay. Justice Kavanaugh, in a concurring opinion, stated that he agreed with the plaintiffs and the district court that the CDC exceeded its statutory authority by issuing the moratorium. However, Justice Kavanaugh voted against vacating the stay because he believed that allowing the moratorium to continue until July 31, when the most recent extension of the moratorium was set to expire, would allow for a more orderly distribution of rental assistance funds.

On August 3, 2021, after the previous moratorium had lapsed, the CDC issued a new eviction moratorium that only applied in U.S. counties experiencing high levels of transmission of COVID-19. The next day, the plaintiffs filed an emergency motion vacate the stay pending appeal in the district court. The district court denied the plaintiffs' motion on August 13, 2021, concluding that the D.C. Circuit's prior judgment affirming the district court's previous stay binds the district court. The district court relied on the law-of-the-case doctrine, which states that a court involved in the later phases of a lawsuit should not re-open questions previously decided by that court or a higher one. 2021 WL 3577367. The plaintiffs again appealed to the D.C. Circuit, which again denied the motion to vacate the stay on August 20, 2021. 2021 WL 3721431. The plaintiffs then filed another application to the U.S. Supreme Court to vacate the district court's stay.

On August 26, 2021, the Supreme Court granted the plaintiffs' application to vacate the stay. 2021 WL 378314. The Court, in a per curiam opinion, concluded that the plaintiffs were virtually certain to succeed on the merits of their argument that the CDC exceeded its authority. The Court stated that while Section 361 of the PHSA grants the CDC authority to take measures to control the spread of communicable diseases, the scope of the CDC's authority is limited by the types of measures mentioned in the section, which includes inspection, fumigation, disinfection, sanitation, pest extermination, and the destruction of contaminated animals and articles. The Court stated that this list shows that the CDC has authority to take measures that directly relate to preventing the interstate spread of disease, but that the agency is not authorized to use indirect measures such as the eviction moratorium. The Court noted that interpreting the PHSA to include the power to halt evictions would allow the CDC to exercise powers of vast economic and political significance and that if Congress desires to significantly alter the balance of power within the federalist system, it must do so in clear language. The Court also concluded that the balance of the equities do not justify depriving the plaintiffs of the district court's judgment, stating that as harm to the plaintiffs has increased over the course of the pandemic, that the government's interests have decreased.

On September 2, 2021, the defendants filed an unopposed motion to dismiss the case in the D.C. Circuit, which was granted the next day. 2021 WL 4057718.

The case is now closed.

Summary Authors

Nicholas Gillan (9/13/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18658400/parties/alabama-association-of-realtors-v-united-states-department-of-health-and/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Barrett, Amy Coney (Indiana)

Friedrich, Dabney Langhorne (District of Columbia)

Gorsuch, Neil M. (District of Columbia)

Jackson, Ketanji Brown (District of Columbia)

Millett, Patricia Ann (District of Columbia)

Pillard, Cornelia Thayer Livingston (New York)

Rao, Neomi Jehangir None (New York)

Thomas, Clarence (District of Columbia)

Wilkins, Robert Leon (District of Columbia)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Barrett, Amy Coney (Indiana)

Friedrich, Dabney Langhorne (District of Columbia)

Gorsuch, Neil M. (District of Columbia)

Jackson, Ketanji Brown (District of Columbia)

Millett, Patricia Ann (District of Columbia)

Pillard, Cornelia Thayer Livingston (New York)

Rao, Neomi Jehangir None (New York)

Thomas, Clarence (District of Columbia)

Wilkins, Robert Leon (District of Columbia)

Attorneys(s) for Plaintiff

Kenny, Stephen J. (District of Columbia)

Owen, Megan Lacy (District of Columbia)

Patterson, Autumn Hamit (Texas)

Shumate, Brett (District of Columbia)

Taylor, Charlotte (District of Columbia)

Attorneys(s) for Defendant

Myers, Steven Andrew (District of Columbia)

Netter, Brian D. (District of Columbia)

Robinson, John (District of Columbia)

Vigen, Leslie Cooper (District of Columbia)

Other Attorney(s)

Wolman, Jay Marshall (Connecticut)

Documents in the Clearinghouse

Document

Docket [PACER]

Alabama Association of Realtors v. United States Department of Health and Human Services

Sept. 3, 2021 Docket
1

Complaint for Declaratory and Injunctive Relief

Alabama Association of Realtors v. United States Department of Health and Human Services

Nov. 20, 2020 Complaint
54

Memorandum Opinion

Alabama Association of Realtors v. United States Department of Health and Human Services

2021 WL 1779282

May 5, 2021 Order/Opinion
61

Memorandum Opinion

Alabama Association of Realtors v. United States Department of Health and Human Services

2021 WL 1946376

May 14, 2021 Order/Opinion

Order

Alabama Association of Realtors v. United States Department of Health and Human Services

U. S. Court of Appeals for the District of Columbia Circuit

2021 WL 2221646

June 2, 2021 Order/Opinion

Opinion

Alabama Association of Realtors v. United States Department of Health and Human Services

Supreme Court of the United States

141 S.Ct. 2320

June 29, 2021 Order/Opinion
74

Memorandum Opinion and Order

Alabama Association of Realtors v. United States Department of Health and Human Services

2021 WL 3577367

Aug. 13, 2021 Order/Opinion

Order

Alabama Association of Realtors v. United States Department of Health and Human Services

U. S. Court of Appeals for the District of Columbia Circuit

2021 WL 3721431

Aug. 20, 2021 Order/Opinion

Opinion

Alabama Association of Realtors v. United States Department of Health and Human Services

Supreme Court of the United States

2021 WL 3783142

Aug. 26, 2021 Order/Opinion

Order

Alabama Association of Realtors v. United States Department of Health and Human Services

U. S. Court of Appeals for the District of Columbia Circuit

2021 WL 4057718

Sept. 3, 2021 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18658400/alabama-association-of-realtors-v-united-states-department-of-health-and/

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT against All Plaintiffs against All Defendants ( Filing fee $ 400 receipt number ADCDC-7861856) filed by ROBERT GILSTRAP, FORDHAM & ASSOCIATES, LLC, TITLE ONE MANAGEMENT, LLC, DANNY FORDHAM, ALABAMA ASSOCIATION OF REALTORS, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, GEORGIA ASSOCIATION OF REALTORS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(Shumate, Brett) (Entered: 11/20/2020)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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Nov. 20, 2020 RECAP
2

NOTICE OF RELATED CASE by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC. Case related to Case No. 1:20-cv-3702-WMR (N.D. Ga.); 2:20-cv-02692-MSN-atc (W.D. Tenn.); 6:20-cv-00564 (E.D. Tex.); 5:20-cv-02407-JRA (N.D. Ohio). (Shumate, Brett) (Entered: 11/20/2020)

Nov. 20, 2020 RECAP
3

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FORDHAM & ASSOCIATES, LLC (Shumate, Brett) (Entered: 11/20/2020)

Nov. 20, 2020 PACER
4

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by H.E. CAUTHEN LAND AND DEVELOPMENT, LLC (Shumate, Brett) (Entered: 11/20/2020)

Nov. 20, 2020 PACER
5

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by TITLE ONE MANAGEMENT, LLC (Shumate, Brett) (Entered: 11/20/2020)

Nov. 20, 2020 PACER
6

MOTION for Summary Judgment (Expedited) by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC (Attachments: # 1 Memorandum in Support, # 2 Declaration Fordham Declaration, # 3 Declaration Gilstrap Declaration, # 4 Declaration Cororaton Declaration, # 5 Declaration Walker Declaration, # 6 Declaration Junkin Declaration, # 7 Proposed Order)(Shumate, Brett) (Entered: 11/20/2020)

1 Memorandum in Support

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2 Declaration Fordham Declaration

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3 Declaration Gilstrap Declaration

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4 Declaration Cororaton Declaration

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5 Declaration Walker Declaration

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6 Declaration Junkin Declaration

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7 Proposed Order

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Nov. 20, 2020 RECAP
7

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Megan Lacy Owen, Filing fee $ 100, receipt number ADCDC-7862927. Fee Status: Fee Paid. by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC (Attachments: # 1 Declaration of Megan Lacy Owen, # 2 Proposed Order)(Shumate, Brett) (Entered: 11/20/2020)

Nov. 20, 2020 PACER
8

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Autumn Hamit Patterson, Filing fee $ 100, receipt number ADCDC-7862993. Fee Status: Fee Paid. by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC (Attachments: # 1 Declaration of Autumn Hamit Patterson, # 2 Proposed Order)(Shumate, Brett) (Entered: 11/20/2020)

Nov. 20, 2020 PACER

Case Assigned to Judge Dabney L. Friedrich. (zsb)

Nov. 23, 2020 PACER

MINUTE ORDER granting the plaintiffs' 8 Motion for Admission Pro Hac Vice of Attorney Autumn Hamit Patterson. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on November 23, 2020. (lcdlf2)

Nov. 23, 2020 PACER
9

SUMMONS (7) Issued Electronically as to ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY. (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 11/23/2020)

Nov. 23, 2020 PACER

MINUTE ORDER granting the plaintiffs' 7 Motion for Admission Pro Hac Vice of Attorney Megan Lacy Owen. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit: https://www.dcd.uscourts.gov/sites/dcd/files/NextGEN_Tutorial_for_Registering_for_E-filing.pdf. So Ordered by Judge Dabney L. Friedrich on November 23, 2020. (lcdlf2)

Nov. 23, 2020 PACER
10

STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on November 23, 2020. (lcdlf2) (Entered: 11/23/2020)

Nov. 23, 2020 PACER

.Order

Nov. 23, 2020 PACER
11

NOTICE of Appearance by Autumn Hamit Patterson on behalf of All Plaintiffs (Patterson, Autumn) (Main Document 11 replaced on 11/24/2020) (zeg). (Entered: 11/24/2020)

Nov. 24, 2020 PACER
12

NOTICE of Appearance by Megan Lacy Owen on behalf of All Plaintiffs (Lacy Owen, Megan) (Main Document 12 replaced on 11/24/2020) (zeg). (Main Document 12 replaced on 11/24/2020) (zeg). (Entered: 11/24/2020)

Nov. 24, 2020 PACER
13

CERTIFICATE OF SERVICE by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC re 6 MOTION for Summary Judgment (Expedited) Amended Certificate of Service. (Shumate, Brett) (Entered: 12/03/2020)

Dec. 3, 2020 PACER
14

NOTICE of Appearance by Leslie Cooper Vigen on behalf of All Defendants (Vigen, Leslie) (Entered: 12/03/2020)

Dec. 3, 2020 PACER
15

Joint MOTION for Briefing Schedule by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY (Attachments: # 1 Text of Proposed Order)(Vigen, Leslie) (Entered: 12/03/2020)

Dec. 3, 2020 PACER
16

NOTICE of Appearance by Steven A. Myers on behalf of All Defendants (Myers, Steven) (Entered: 12/03/2020)

Dec. 3, 2020 PACER

MINUTE ORDER granting the parties' 15 Joint Motion for Briefing Schedule. Accordingly, the defendants shall provide the administrative record to the plaintiffs and file a certified list of its contents on or before December 11, 2020; the defendants shall file their opposition to the plaintiffs' expedited summary judgment motion and their cross-motion for summary judgment on or before December 21, 2020; the plaintiffs shall file any reply in support of their motion and their opposition to the defendants' cross-motion for summary judgment on or before December 28, 2020; and the defendants shall file any reply in support of their cross-motion on or before January 6, 2021. It is FURTHER ORDERED that the defendants' obligation to answer shall be deferred to 30 days following resolution of the cross-motions, if the case remains pending. So Ordered by Judge Dabney L. Friedrich on December 4, 2020. (lcdlf2)

Dec. 4, 2020 PACER
17

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 11/30/2020 (Shumate, Brett) (Entered: 12/04/2020)

Dec. 4, 2020 PACER
18

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WILLIAM P. BARR served on 11/30/2020 (Shumate, Brett) (Entered: 12/04/2020)

Dec. 4, 2020 PACER
19

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR DISEASE CONTROL AND PREVENTION served on 11/30/2020 (Shumate, Brett) (Entered: 12/04/2020)

Dec. 4, 2020 PACER
20

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 11/30/2020 (Shumate, Brett) (Entered: 12/04/2020)

Dec. 4, 2020 PACER
21

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 11/30/2020 (Shumate, Brett) (Entered: 12/04/2020)

Dec. 4, 2020 PACER
22

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ROBERT R. REDFIELD served on 11/30/2020 (Shumate, Brett) (Entered: 12/04/2020)

Dec. 4, 2020 PACER
23

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NINA B WITKOFSKY served on 11/30/2020 (Shumate, Brett) (Entered: 12/04/2020)

Dec. 4, 2020 PACER

.Order

Dec. 4, 2020 PACER
24

NOTICE of Filing by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY (Attachments: # 1 Exhibit Administrative Record Certification & Index)(Vigen, Leslie) (Entered: 12/11/2020)

Dec. 11, 2020 PACER
25

NOTICE of Filing by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY re 24 Notice (Other), (Attachments: # 1 Exhibit Administrative Record Recertification & Updated Index)(Vigen, Leslie) (Entered: 12/16/2020)

Dec. 16, 2020 PACER
26

MOTION for Summary Judgment by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY (Attachments: # 1 Text of Proposed Order)(Myers, Steven) (Entered: 12/21/2020)

1 Text of Proposed Order

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Dec. 21, 2020 RECAP
27

Memorandum in opposition to re 6 MOTION for Summary Judgment (Expedited) filed by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Myers, Steven) (Entered: 12/21/2020)

1 Text of Proposed Order

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Dec. 21, 2020 RECAP
28

Memorandum in opposition to re 26 MOTION for Summary Judgment filed by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Shumate, Brett) (Entered: 12/28/2020)

1 Exhibit A

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2 Exhibit B

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Dec. 28, 2020 RECAP
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REPLY to opposition to motion re 6 MOTION for Summary Judgment (Expedited) filed by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Shumate, Brett) (Entered: 12/28/2020)

1 Exhibit A

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2 Exhibit B

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Dec. 28, 2020 RECAP
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NOTICE of Congressional Action by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY (Vigen, Leslie) (Entered: 12/31/2020)

Dec. 31, 2020 RECAP
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REPLY to opposition to motion re 26 MOTION for Summary Judgment filed by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY. (Vigen, Leslie) (Entered: 01/06/2021)

Jan. 6, 2021 RECAP
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Partial MOTION to Dismiss by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Vigen, Leslie) (Entered: 01/06/2021)

1 Memorandum in Support

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2 Text of Proposed Order

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Jan. 6, 2021 PACER
33

Consent MOTION to Stay by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC (Attachments: # 1 Text of Proposed Order)(Shumate, Brett) (Entered: 01/07/2021)

1 Text of Proposed Order

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Jan. 7, 2021 RECAP

MINUTE ORDER. Upon consideration of the plaintiffs' 33 Consent Motion for a Temporary Stay, it is ORDERED that the motion is GRANTED. The plaintiffs' deadline to respond to the defendants' 32 Partial Motion to Dismiss is STAYED. On or before February 8, 2021, the parties shall file a joint status report advising the Court as to how they wish to proceed in this case. So Ordered by Judge Dabney L. Friedrich on January 8, 2021. (lcdlf2)

Jan. 8, 2021 PACER

Set/Reset Deadlines: Status Report due by 2/8/2021 (zjch)

Jan. 8, 2021 PACER
34

NOTICE of Appearance by Charlotte Taylor on behalf of All Plaintiffs (Taylor, Charlotte) (Entered: 01/26/2021)

Jan. 26, 2021 PACER
35

NOTICE of Extension by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY (Attachments: # 1 Exhibit January 29, 2021 CDC Order)(Vigen, Leslie) (Entered: 02/01/2021)

Feb. 1, 2021 PACER
36

Joint STATUS REPORT by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC. (Shumate, Brett) (Entered: 02/08/2021)

Feb. 8, 2021 PACER

MINUTE ORDER. Upon consideration of the parties' 36 Joint Status Report, it is ORDERED that the following schedule shall govern further proceedings: the plaintiffs shall file a response to the defendants' partial motion to dismiss on or before February 15, 2021; the defendants shall file a reply in support of their partial motion to dismiss on or before February 22, 2021; the defendants shall file an updated certified list of the contents of the administrative record on or before February 22, 2021; and the plaintiffs shall file an appendix pursuant to Local Civil Rule 7(n) on or before February 24, 2021. So Ordered by Judge Dabney L. Friedrich on February 10, 2021. (lcdlf2)

Feb. 10, 2021 PACER

Set/Reset Deadlines: Administrative Record due by 2/22/2021. Appendix due by 2/24/2021. Dispositive Motions due by 2/15/2021. Reply to Dispositive Motions due by 2/22/2021. (zjch)

Feb. 10, 2021 PACER

.Order

Feb. 10, 2021 PACER
37

Memorandum in opposition to re 32 Partial MOTION to Dismiss filed by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC. (Attachments: # 1 Text of Proposed Order)(Shumate, Brett) (Entered: 02/15/2021)

1 Text of Proposed Order

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Feb. 15, 2021 RECAP
38

REPLY to opposition to motion re 32 Partial MOTION to Dismiss filed by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY. (Vigen, Leslie) (Entered: 02/22/2021)

Feb. 22, 2021 RECAP
39

NOTICE of Filing by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY (Attachments: # 1 Affidavit Certification of Supplemental Administrative Record, # 2 Supplement Index of Supplemental Administrative Record)(Vigen, Leslie) (Entered: 02/22/2021)

Feb. 22, 2021 PACER
40

JOINT APPENDIX by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC. (Attachments: # 1 Index of Joint Appendix, # 2 Joint Appendix Part 1, # 3 Joint Appendix Part 2, # 4 Joint Appendix Part 3)(Shumate, Brett) (Entered: 02/24/2021)

Feb. 24, 2021 PACER
41

NOTICE OF SUPPLEMENTAL AUTHORITY by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC (Attachments: # 1 Opinion and Order, # 2 Judgment)(Shumate, Brett) (Entered: 02/26/2021)

1 Opinion and Order

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2 Judgment

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Feb. 26, 2021 RECAP
42

RESPONSE re 41 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY. (Myers, Steven) (Entered: 02/27/2021)

Feb. 27, 2021 RECAP
43

REPLY re 41 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC. (Shumate, Brett) (Entered: 02/28/2021)

Feb. 28, 2021 RECAP
44

NOTICE OF SUPPLEMENTAL AUTHORITY by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC (Attachments: # 1 Exhibit A)(Shumate, Brett) (Entered: 03/10/2021)

1 Exhibit A

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March 10, 2021 RECAP
45

RESPONSE re 44 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY. (Vigen, Leslie) (Entered: 03/12/2021)

March 12, 2021 RECAP
46

REPLY re 44 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC. (Shumate, Brett) (Entered: 03/15/2021)

March 15, 2021 PACER
47

NOTICE OF SUPPLEMENTAL AUTHORITY by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC (Attachments: # 1 Exhibit A)(Shumate, Brett) (Entered: 03/15/2021)

March 15, 2021 PACER
48

RESPONSE re 47 NOTICE OF SUPPLEMENTAL AUTHORITY, filed by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY. (Vigen, Leslie) (Entered: 03/19/2021)

March 19, 2021 PACER
49

NOTICE of Imminent Extension of Eviction Moratorium by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Shumate, Brett) (Entered: 03/22/2021)

March 22, 2021 PACER
50

NOTICE of Extension and Supplemental Authority by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC (Attachments: # 1 Exhibit A - Extension of Eviction Moratorium, # 2 Exhibit B - Sixth Circuit Order)(Shumate, Brett) (Entered: 03/29/2021)

1 Exhibit A - Extension of Eviction Moratorium

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2 Exhibit B - Sixth Circuit Order

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March 29, 2021 RECAP
51

RESPONSE re 50 Notice (Other), of Extension and Supplemental Authority filed by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY. (Vigen, Leslie) (Entered: 03/31/2021)

March 31, 2021 PACER

NOTICE of Hearing: Motion Hearing set for 4/14/2021 at 2:00 PM via video before Judge Dabney L. Friedrich. (zjch)

April 2, 2021 PACER
52

NOTICE of Filing by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY (Attachments: # 1 Declaration Certification of Second Supplemental Administrative Record, # 2 Supplement Index of Second Supplemental Administrative Record, # 3 Supplement Supplement to Certified Administrative Record)(Vigen, Leslie) (Entered: 04/07/2021)

1 Declaration Certification of Second Supplemental Administrative Record

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2 Supplement Index of Second Supplemental Administrative Record

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3 Supplement Supplement to Certified Administrative Record

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April 7, 2021 RECAP

Set/Reset Hearings: Motion Hearing set for 4/29/2021 at 10:00 AM via video before Judge Dabney L. Friedrich. (zjch)

April 8, 2021 PACER

Minute Entry for proceedings held before Judge Dabney L. Friedrich: Motion Hearing held on 4/29/2021 re 32 Partial MOTION to Dismiss filed by NINA B WITKOFSKY, CENTERS FOR DISEASE CONTROL AND PREVENTION, WILLIAM P. BARR, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF JUSTICE, ALEX M. AZAR, II, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, 26 MOTION for Summary Judgment filed by NINA B WITKOFSKY, CENTERS FOR DISEASE CONTROL AND PREVENTION, WILLIAM P. BARR, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF JUSTICE, ALEX M. AZAR, II, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. Court Reporter Sara Wick. (zjch)

April 29, 2021 PACER

MINUTE ORDER. Before the Court is the defendants' 57 Emergency Motion for a Stay Pending Appeal of this Court's 53 May 5, 2021 Order vacating the national eviction moratorium at 86 Fed. Reg. 16,731. In this emergency motion, the defendants request an immediate administrative stay to give this Court time to consider and rule upon its motion to stay this case pending appeal. Alternatively, the defendants request that the Court stay its 53 May 5, 2021 Order as to all parties except for the plaintiffs. Defs.' Emergency Mot. for a Stay Pending Appeal at 1 n.1, 8-9, Dkt. 57. Although the plaintiffs have not yet filed an opposition to the defendants' motion, which was filed at 6:54 p.m. this evening, the defendants represent that the plaintiffs oppose the motion. Id. at 1 n.1. In order to give the Court time to consider the merits of the defendants' 57 Emergency Motion for a Stay Pending Appeal, and the plaintiffs time to file an opposition to the motion, the Court will grant the defendants' request for a temporary administrative stay. This Minute Order should not be construed in any way as a ruling on the merits of the defendants' motion. The Court notes, however, that, as the Court has explained, see Mem. Op. at 19, Dkt. 54, the law in this Circuit is clear: where a court concludes that an agency has exceeded its statutory authority, as this Court has done here, see Mem. Op. at 17, vacatur of the rule is the proper remedy in this Circuit. See Nat'l Mining Ass'n v. U.S. Army Corps of Eng'rs, 145 F.3d 1399, 1409 (D.C. Cir. 1998). Based on this clear authority, courts in this Circuit do not restrict vacatur only to those plaintiffs before the Court. See, e.g., O.A. v. Trump, 404 F. Supp. 3d 109, 152-53 (D.D.C. 2019). Indeed, the government has been unable to point to a single case in which a court in this Circuit has done so. See Mot. Hr'g Rough Tr. at 31. Accordingly, it is ORDERED that the Court's 53 May 5, 2021 Order is administratively STAYED. It is further ORDERED that the plaintiffs shall file any opposition to the defendants' motion on or before May 12, 2021, and the defendants shall file any reply within four days of the date the plaintiffs' opposition is filed. So Ordered by Judge Dabney L. Friedrich on May 5, 2021. (lcdlf1)

May 5, 2021 PACER

Set/Reset Deadlines: Responses due by 5/12/2021 (zjch)

May 5, 2021 PACER

USCA Case Number 21-5093 for 55 Notice of Appeal to DC Circuit Court, filed by NINA B WITKOFSKY, CENTERS FOR DISEASE CONTROL AND PREVENTION, WILLIAM P. BARR, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF JUSTICE, ALEX M. AZAR, II, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (eg)

May 5, 2021 PACER
53

ORDER denying the defendants' 26 Motion for Summary Judgment and 32 Partial Motion to Dismiss, and granting the plaintiffs' 6 Motion for Expedited Summary Judgment. See text for details. The Clerk of Court is directed to close this case. Signed by Judge Dabney L. Friedrich on May 5, 2021. (lcdlf1) (Entered: 05/05/2021)

May 5, 2021 RECAP
54

MEMORANDUM OPINION regarding the plaintiffs' 6 Motion for Expedited Summary Judgment and the defendants' 26 Motion for Summary Judgment and 32 Partial Motion to Dismiss. See text for details. Signed by Judge Dabney L. Friedrich on May 5, 2021. (lcdlf1) (Main Document 54 replaced on 8/26/2021) (zjch, ). (Entered: 05/05/2021)

May 5, 2021 RECAP
55

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 54 Memorandum & Opinion, 53 Order on Motion for Summary Judgment,, Order on Motion to Dismiss,,, by WILLIAM P. BARR, ALEX M. AZAR, II, CENTERS FOR DISEASE CONTROL AND PREVENTION, NINA B WITKOFSKY, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, ROBERT R. REDFIELD. Fee Status: No Fee Paid. Parties have been notified. (Vigen, Leslie) (Entered: 05/05/2021)

May 5, 2021 RECAP
56

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 55 Notice of Appeal to DC Circuit Court,. (eg) (Entered: 05/05/2021)

May 5, 2021 RECAP
57

Emergency MOTION to Stay re 54 Memorandum & Opinion, 53 Order on Motion for Summary Judgment,, Order on Motion to Dismiss,,, (Emergency Motion for Stay Pending Appeal and Immediate Administrative Stay) by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY. (Attachments: # 1 Text of Proposed Order)(Myers, Steven) (Entered: 05/05/2021)

1 Text of Proposed Order

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May 5, 2021 RECAP

.Order

May 6, 2021 PACER

Set/Reset Deadlines

May 6, 2021 PACER

USCA Case Number

May 6, 2021 PACER
58

Memorandum in opposition to re 57 Emergency MOTION to Stay re 54 Memorandum & Opinion, 53 Order on Motion for Summary Judgment,, Order on Motion to Dismiss,,, (Emergency Motion for Stay Pending Appeal and Immediate Administrative Stay) filed by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC. (Attachments: # 1 Proposed Order)(Shumate, Brett) (Entered: 05/07/2021)

1 Proposed Order

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May 7, 2021 RECAP
59

REPLY to opposition to motion re 57 Emergency MOTION to Stay re 54 Memorandum & Opinion, 53 Order on Motion for Summary Judgment,, Order on Motion to Dismiss,,, (Emergency Motion for Stay Pending Appeal and Immediate Administrative Stay) filed by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY. (Myers, Steven) (Entered: 05/11/2021)

May 11, 2021 RECAP
60

ORDER granting the defendants' 57 Emergency Motion for Stay Pending Appeal. See text for details. Signed by Judge Dabney L. Friedrich on May 14, 2021. (lcdlf1) (Entered: 05/14/2021)

May 14, 2021 RECAP
61

MEMORANDUM OPINION regarding the defendants' 57 Emergency Motion for Stay Pending Appeal. See text for details. Signed by Judge Dabney L. Friedrich on May 14, 2021. (lcdlf1) (Entered: 05/14/2021)

May 14, 2021 RECAP
62

NOTICE by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC (Shumate, Brett) (Entered: 05/17/2021)

May 17, 2021 RECAP
64

LEAVE TO FILE DENIED- Motion for Joinder This document is unavailable as the Court denied its filing. "Leave to filed DENIED. The Court closed this case on May 5, 2021". Signed by Judge Dabney L. Friedrich on May 17, 2021. (zeg) (Entered: 05/21/2021)

May 17, 2021 PACER
63

RESPONSE re 62 Notice (Other) filed by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY. (Myers, Steven) (Entered: 05/19/2021)

May 19, 2021 RECAP

NOTICE OF ERROR re 62 Notice (Other); emailed to bshumate@jonesday.com, cc'd 13 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. FYI: All documents must be filed in PROPER PLEADING FORMAT. Letters are not accepted unless leave to file has been granted, (zeg, )

May 21, 2021 PACER
65

TRANSCRIPT OF MOTIONS HEARING before Judge Dabney L. Friedrich, held on 04/29/2021. Page Numbers: 1-44. Date of Issuance: 06/14/2021. Court Reporter: Sara Wick, telephone number 202-354-3284. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/5/2021. Redacted Transcript Deadline set for 7/15/2021. Release of Transcript Restriction set for 9/12/2021.(Wick, Sara) (Entered: 06/14/2021)

June 14, 2021 RECAP
66

NOTICE by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY (Myers, Steven) (Entered: 08/03/2021)

Aug. 3, 2021 RECAP
67

Emergency MOTION to Enforce the Supreme Court's Ruling and MOTION to Vacate the Stay Pending Appeal by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC. (Attachments: # 1 Text of Proposed Order)(Shumate, Brett). Added MOTION to Vacate on 8/5/2021 (eg). (Entered: 08/04/2021)

1 Text of Proposed Order

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Aug. 4, 2021 RECAP

MINUTE ORDER. It is ORDERED that the defendants shall file any opposition to the plaintiffs' 67 Emergency Motion before August 6, 2021 at 9:00 a.m. The plaintiffs shall file any reply before August 6, 2021 at 7:00 p.m. So Ordered by Judge Dabney L. Friedrich on August 5, 2021. (lcdlf1)

Aug. 5, 2021 PACER

Order

Aug. 5, 2021 PACER
68

NOTICE of Appearance by John Robinson on behalf of All Defendants (Robinson, John) (Entered: 08/05/2021)

Aug. 5, 2021 PACER

~Util - Set/Reset Deadlines AND .Order

Aug. 5, 2021 PACER

Order

Aug. 6, 2021 PACER

Notice of Hearing

Aug. 6, 2021 PACER
69

Memorandum in opposition to re 67 Emergency MOTION to Enforce the Supreme Court's Ruling and Vacate the Stay Pending Appeal MOTION to Vacate filed by ALEX M. AZAR, II, WILLIAM P. BARR, CENTERS FOR DISEASE CONTROL AND PREVENTION, ROBERT R. REDFIELD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF JUSTICE, NINA B WITKOFSKY. (Attachments: # 1 Text of Proposed Order)(Myers, Steven) (Entered: 08/06/2021)

1 Text of Proposed Order

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Aug. 6, 2021 RECAP
70

MOTION Leave to file brief as amicus curiae re 67 Emergency MOTION to Enforce the Supreme Court's Ruling and Vacate the Stay Pending Appeal MOTION to Vacate by Third Amendment Lawyers Association. (Attachments: # 1 Exhibit Amicus Brief, # 2 Text of Proposed Order)(Wolman, Jay) (Entered: 08/06/2021)

1 Exhibit Amicus Brief

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2 Text of Proposed Order

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Aug. 6, 2021 RECAP

MINUTE ORDER scheduling a hearing by videoconference on the plaintiffs' 67 Emergency Motion on August 9, 2021 at 10:00 a.m. So Ordered by Judge Dabney L. Friedrich on August 6, 2021. (lcdlf1)

Aug. 6, 2021 PACER
71

REPLY to opposition to motion re 67 Emergency MOTION to Enforce the Supreme Court's Ruling and Vacate the Stay Pending Appeal MOTION to Vacate filed by ALABAMA ASSOCIATION OF REALTORS, DANNY FORDHAM, FORDHAM & ASSOCIATES, LLC, GEORGIA ASSOCIATION OF REALTORS, ROBERT GILSTRAP, H.E. CAUTHEN LAND AND DEVELOPMENT, LLC, TITLE ONE MANAGEMENT, LLC. (Shumate, Brett) (Entered: 08/06/2021)

Aug. 6, 2021 RECAP

NOTICE of Hearing: Motion Hearing set for 8/9/2021 at 10:00 AM via video before Judge Dabney L. Friedrich. (zjch)

Aug. 6, 2021 PACER
72

NOTICE of Appearance by Brian D. Netter on behalf of All Defendants (Netter, Brian) (Entered: 08/06/2021)

Aug. 6, 2021 PACER

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Nov. 20, 2020

Closing Date: Sept. 3, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two trade associations whose members own residential properties; two limited liability companies whose members own and manage residential properties; one limited liability company whose members manage residential properties; and two individuals who own and manage residential properties through the limited liability company plaintiffs

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Justice (Washington, DC, District of Columbia), Federal

United States Department of Health and Human Services (Washington, DC, District of Columbia), Federal

Centers for Disease Control and Prevention (Atlanta), Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Petitions clause

Due Process: Procedural Due Process

Equal Protection

Takings

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Issues

Benefit Source:

CARES Act (Covid-related)