Case: Arizona v. Centers for Disease Control & Prevention

6:22-cv-00885 | U.S. District Court for the Western District of Louisiana

Filed Date: April 3, 2022

Closed Date: June 14, 2023

Clearinghouse coding complete

Case Summary

This case concerns several states' challenge to the Biden Administration's decision to end a Centers for Disease Control (CDC) policy whereby migrants were summarily expelled to prevent further COVID-19 spread. Early in the COVID-19 pandemic, the CDC engaged in rulemaking that allowed the Director of the CDC to prevent individuals from entering the United States during a period deemed necessary to avert the danger of introducing a "quarantinable communicable disease into the United States." (Ti…

Early in the COVID-19 pandemic, the CDC engaged in rulemaking that allowed the Director of the CDC to prevent individuals from entering the United States during a period deemed necessary to avert the danger of introducing a "quarantinable communicable disease into the United States." (Title 42 Expulsion) 85 Fed. Reg. 56,424. The rule was finalized on October 13, 2020. Under this rule, the CDC barred all "covered aliens...seeking to enter the United States who lack proper travel documents...whose entry is otherwise contrary to law...[and] who are apprehended at or near the border seeking to unlawfully enter the United States" from entering the country. On August 3, 2021, the CDC issued an order superseding the October order and referencing the current state of the pandemic, emphasizing that congregate settings like detention facilities were still at a heightened risk of COVID-19 outbreaks and that the majority of covered aliens were coming from countries with "markedly lower vaccination rates." On April 1, 2022, the CDC terminated the Title 42 expulsion policy effective May 23, 2022 (Termination Order).

On April 3, 2022, Arizona, Louisiana and Missouri, through their Attorneys General filed this lawsuit in the U.S. District Court for the Western District of Louisiana. The plaintiff states filed the suit against the United States, Joe Biden as President of the United States, and a number of administrative agencies and their heads, including: the CDC and its Director, the U.S. Department of Health and Human Services (HHS) and its Secretary, the United States Department of Homeland Security (DHS) and its Secretary, the U.S. Immigration and Customs Enforcement (ICE) and its interim Director, the U.S. Customs and Border Protection (CBP), and its Commissioner, the U.S. Citizenship and Immigration Services (USCIS) and its Director, the U.S. Border Patrol and its Chief, the U.S. Department of Justice and its Attorney General, and the Executive Office for Immigration Review and its Director. The plaintiffs alleged that the Termination Order violated the Administrative Procedure Act's (APA) requirements, both because the defendants failed to conduct the statutorily required notice-and-comment process and because the Termination Order itself was arbitrary and capricious because the defendants did not estimate or account for the costs of the order, because they did not consider plaintiffs' reliance interests, because they did not consider the immigration consequences of the order, and because they failed to consider obvious alternatives and relevant consequences.The plaintiffs requested a declaratory judgment the Termination Order violated the APA because it was promulgated without notice and comment and was arbitrary and capricious, as well as a preliminary and permanent injunction of the Termination Order, and ultimately vacatur of the Termination Order; they also requested attorneys' fees. The case was assigned to Judge Robert R. Summerhays and Magistrate Judge Carol B. Whitehurst.

The plaintiffs filed an amended complaint on April 14, adding 18 more states as plaintiffs. That same day, the plaintiffs filed a motion for preliminary injunction, claiming their likelihood of success on each of their claims and that without injunctive relief they would suffer irreparable harm; they requested the court enter a nationwide injunction. Specific to their notice-and-comment claim, they argued that the Termination Order did not meet the "Good Cause" or "Foreign Affairs" exception to the APA and that the defendants had time to conduct notice-and-comment rulemaking but chose not to as consistent with a broader pattern of the Biden Administration's immigration actions. Specific to their arbitrary and capricious claim, they stated that the defendants failed to consider financial harms and other reliance interests without proper justification and that the failure to consider the immigration consequences outside of the public-health impacts were arbitrary and capricious.

On April 21, the plaintiffs filed a motion for temporary restraining order (TRO), claiming that DHS was already partially implementing the Termination Order in advance of the announced May 23 termination date. The plaintiffs requested the court enter an order restraining the defendants against any implementation of the order before May 23 and requested a process for DHS to report on its activities so the plaintiffs could determine if further relief was necessary. The plaintiffs claimed the reasoning set forth in their preliminary injunction memorandum applied to the TRO as well.

The defendants responded to the TRO memorandum on April 22, stating that the plaintiffs had no likelihood of success on the merits of their claims and that the plaintiffs could not satisfy several factors of their claims, including irreparable harm or balance of equities. Specific to the likelihood of success, the defendants claimed the plaintiffs were jurisdictionally barred from challenging their processes, due to the narrow carveouts in the Immigration and Nationality Act (INA), which allowed review in the District of Columbia only, and that the action the plaintiffs were challenging was not a final agency action and therefore was not judicially reviewable and otherwise lacked merit. The plaintiffs replied on April 25, reiterating their claims.

On April 25, Judge Summerhays held a status conference to discuss the TRO and announced his intent to grant the motion. He requested the parties confer and attempt to agree on the language to be included in the TRO.

On April 27, the court entered a nationwide TRO against the Termination Order, preventing the defendants from implementing it for the next 14 days, specifically enjoining the defendants from increasing the number of migrants processed through the regular Title 8 proceedings, rather than under Title 42, or reducing the processing of migrants pursuant to Title 42. Thus, the defendants were required to return to "policies and practices in place prior to the issuance of the Termination order, which should have the result...of returning to historical practices in line with historical benchmarks." Furthermore, the defendants were enjoined from taking actions to implement the Termination Order in advance of the May 23, 2022 effective date. The court did, however, allow the defendants to process single adult recidivist border crossers even if such actions resulted in a higher level of Title 8 migrants being processed. Finally, the court required the defendants to submit weekly reports to inform the court and the plaintiffs on:

the number of single adults who were processed under Title 42 and Title 8 by country;
the number of recidivist border crossers who defendants applied expedited removal for;
the number of migrants excepted from Title 42 under the humanitarian exception process, and,
any material change to the defendants' summary expulsion process under Title 42.

On May 20, 2022, judge Robert R. Summerhays granted the plaintiff states' motion for a preliminary injunction against the defendants, preventing them from enforcing the Termination Order, and ordering DHS to keep providing monthly reports. The defendants duly appealed the issue to the United States Court of Appeals for the Fifth Circuit.

On June 13, 2023, the Fifth Circuit Court of Appeals dismissed the case as moot pursuant to the Supreme Court's ruling in Arizona v. Mayorkas, which effectively allowed the Biden administration to put an end to the Title 42 policy. Subsequently, Judge Summerhays put out an order dismissing the case as moot.

	Document
1 6:22-cv-00885	Complaint The State of Arizona v. Centers for Disease Control & Prevention	April 3, 2022	April 3, 2022 Complaint
13-1 6:22-cv-00885	Memorandum in Support of Motion for Preliminary Injunction The State of Arizona v. Centers for Disease Control & Prevention	April 14, 2022	April 14, 2022 Pleading / Motion / Brief
10 6:22-cv-00885	First Amended Complaint The State of Arizona v. Centers for Disease Control & Prevention	April 14, 2022	April 14, 2022 Complaint
24-1 6:22-cv-00885	Memorandum in Support of Motion for Temporary Restraining Order and to Compel Production of Information The State of Arizona v. Centers for Disease Control & Prevention	April 21, 2022	April 21, 2022 Pleading / Motion / Brief
27 6:22-cv-00885	Defendants’ Opposition to Plaintiffs’ Motion for Temporary Restraining Order The State of Arizona v. Centers for Disease Control & Prevention	April 22, 2022	April 22, 2022 Pleading / Motion / Brief
34 6:22-cv-00885	Minutes from Status Conference The State of Arizona v. Centers for Disease Control & Prevention	April 25, 2022	April 25, 2022 Order/Opinion
33 6:22-cv-00885	Plaintiff States’ Reply in Support of their Motion for a Temporary Restraining Order and to Compel Production of Information The State of Arizona v. Centers for Disease Control & Prevention	April 25, 2022	April 25, 2022 Pleading / Motion / Brief
40 6:22-cv-00885	Defendants’ Memorandum in Opposition to Plaintiffs’ Motion for a Preliminary Injunction State of Arizona v. Centers for Disease Control & Prevention	April 29, 2022	April 29, 2022 Pleading / Motion / Brief
60 6:22-cv-00885	Temporary Restraining Order	May 11, 2022	May 11, 2022 Order/Opinion 2022 WL 2022
91 6:22-cv-00885	Order on Motion for Preliminary Injunction State of Louisiana et al v. Centers for Disease Control & Prevention et al	May 20, 2022	May 20, 2022 Order/Opinion 603 F.Supp.3d 603

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants (Filing fee $402, receipt number ALAWDC-5054315) filed by State of Arizona, State of Louisiana, State of Missouri. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil cover sheet)(Attorney Elizabeth Baker Murrill added to party State of Arizona(pty:pla), Attorney Elizabeth Baker Murrill added to party State of Louisiana(pty:pla), Attorney Elizabeth Baker Murrill added to party State of Missouri(pty:pla))(aty,Murrill, Elizabeth) (Entered: 04/03/2022) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Civil cover sheet View on PACER	April 3, 2022	April 3, 2022 Clearinghouse
	Case Assigned/Reassigned	April 3, 2022	April 3, 2022 PACER
	CASE Assigned to Judge Robert R Summerhays and Magistrate Judge Carol B Whitehurst. (crt,Thomas, T)	April 3, 2022	April 3, 2022 PACER
2	SUMMONS ISSUED as to U S Attorney, U S Attorney General, Centers for Disease Control & Prevention, Rochelle Walensky, U S Dept of Health & Human Services, Xavier Becerra, U S Dept of Homeland Security, Alejandro Mayorkas, U S Customs & Border Protection, Christopher Magnus, U S Immigration & Customs Enforcement, Tae Johnson, U S Citizenship & Immigration Services, Ur Jaddou, U S Border Patrol, Raul Ortiz, U S Dept of Justice, Merrick Garland, Executive Off of Immigration, David Neal, Joseph R Biden, Jr, USA. (crt,Thomas, T) (Entered: 04/04/2022)	April 4, 2022	April 4, 2022 PACER
	Case Assigned/Reassigned	April 4, 2022	April 4, 2022 PACER
3	MOTION for D. John Sauer to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5061325) by State of Missouri. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 4/7/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 04/07/2022)	April 7, 2022	April 7, 2022 PACER
4	MOTION for Michael Talent to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5061335) by State of Missouri. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 4/7/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 04/07/2022)	April 7, 2022	April 7, 2022 PACER
5	ORDER granting 3 Motion to Appear Pro Hac Vice for appearance of D John Sauer for State of Missouri. Signed by Magistrate Judge Carol B Whitehurst on 4/8/2022. (crt,Thomas, T) (Entered: 04/08/2022)	April 8, 2022	April 8, 2022 PACER
6	ORDER granting 4 Motion to Appear Pro Hac Vice for appearance of Michael Talent for State of Missouri. Signed by Magistrate Judge Carol B Whitehurst on 4/8/2022. (crt,Thomas, T) (Entered: 04/08/2022)	April 8, 2022	April 8, 2022 PACER
7	NOTICE of Appearance by Jean Lin on behalf of Xavier Becerra, Joseph R Biden, Jr, U S Citizenship & Immigration Services, U S Customs & Border Protection, Centers for Disease Control & Prevention, Merrick Garland, U S Dept of Health & Human Services, U S Dept of Homeland Security, Executive Off of Immigration, U S Immigration & Customs Enforcement, Ur Jaddou, Tae Johnson, U S Dept of Justice, Christopher Magnus, Alejandro Mayorkas, David Neal, Raul Ortiz, U S Border Patrol, USA, Rochelle Walensky (Attorney Jean Lin added to party Xavier Becerra(pty:dft), Attorney Jean Lin added to party Joseph R Biden, Jr(pty:dft), Attorney Jean Lin added to party U S Citizenship & Immigration Services(pty:dft), Attorney Jean Lin added to party U S Customs & Border Protection(pty:dft), Attorney Jean Lin added to party Centers for Disease Control & Prevention(pty:dft), Attorney Jean Lin added to party Merrick Garland(pty:dft), Attorney Jean Lin added to party U S Dept of Health & Human Services(pty:dft), Attorney Jean Lin added to party U S Dept of Homeland Security(pty:dft), Attorney Jean Lin added to party Executive Off of Immigration(pty:dft), Attorney Jean Lin added to party U S Immigration & Customs Enforcement(pty:dft), Attorney Jean Lin added to party Ur Jaddou(pty:dft), Attorney Jean Lin added to party Tae Johnson(pty:dft), Attorney Jean Lin added to party U S Dept of Justice(pty:dft), Attorney Jean Lin added to party Christopher Magnus(pty:dft), Attorney Jean Lin added to party Alejandro Mayorkas(pty:dft), Attorney Jean Lin added to party David Neal(pty:dft), Attorney Jean Lin added to party Raul Ortiz(pty:dft), Attorney Jean Lin added to party U S Border Patrol(pty:dft), Attorney Jean Lin added to party USA(pty:dft), Attorney Jean Lin added to party Rochelle Walensky(pty:dft)) (aty,Lin, Jean) (Entered: 04/13/2022)	April 13, 2022	April 13, 2022 RECAP
8	NOTICE of Appearance by John Robinson on behalf of Xavier Becerra, Joseph R Biden, Jr, U S Citizenship & Immigration Services, U S Customs & Border Protection, Centers for Disease Control & Prevention, Merrick Garland, U S Dept of Health & Human Services, U S Dept of Homeland Security, Executive Off of Immigration, U S Immigration & Customs Enforcement, Ur Jaddou, Tae Johnson, U S Dept of Justice, Christopher Magnus, Alejandro Mayorkas, David Neal, Raul Ortiz, U S Border Patrol, USA, Rochelle Walensky (Attorney John Robinson added to party Xavier Becerra(pty:dft), Attorney John Robinson added to party Joseph R Biden, Jr(pty:dft), Attorney John Robinson added to party U S Citizenship & Immigration Services(pty:dft), Attorney John Robinson added to party U S Customs & Border Protection(pty:dft), Attorney John Robinson added to party Centers for Disease Control & Prevention(pty:dft), Attorney John Robinson added to party Merrick Garland(pty:dft), Attorney John Robinson added to party U S Dept of Health & Human Services(pty:dft), Attorney John Robinson added to party U S Dept of Homeland Security(pty:dft), Attorney John Robinson added to party Executive Off of Immigration(pty:dft), Attorney John Robinson added to party U S Immigration & Customs Enforcement(pty:dft), Attorney John Robinson added to party Ur Jaddou(pty:dft), Attorney John Robinson added to party Tae Johnson(pty:dft), Attorney John Robinson added to party U S Dept of Justice(pty:dft), Attorney John Robinson added to party Christopher Magnus(pty:dft), Attorney John Robinson added to party Alejandro Mayorkas(pty:dft), Attorney John Robinson added to party David Neal(pty:dft), Attorney John Robinson added to party Raul Ortiz(pty:dft), Attorney John Robinson added to party U S Border Patrol(pty:dft), Attorney John Robinson added to party USA(pty:dft), Attorney John Robinson added to party Rochelle Walensky(pty:dft)) (aty,Robinson, John) (Entered: 04/13/2022)	April 13, 2022	April 13, 2022 PACER
9	NOTICE of Appearance by Jonathan D Kossak on behalf of Xavier Becerra, Joseph R Biden, Jr, U S Citizenship & Immigration Services, U S Customs & Border Protection, Centers for Disease Control & Prevention, Merrick Garland, U S Dept of Health & Human Services, U S Dept of Homeland Security, Executive Off of Immigration, U S Immigration & Customs Enforcement, Ur Jaddou, Tae Johnson, U S Dept of Justice, Christopher Magnus, Alejandro Mayorkas, David Neal, Raul Ortiz, U S Border Patrol, USA, Rochelle Walensky (Attorney Jonathan D Kossak added to party Xavier Becerra(pty:dft), Attorney Jonathan D Kossak added to party Joseph R Biden, Jr(pty:dft), Attorney Jonathan D Kossak added to party U S Citizenship & Immigration Services(pty:dft), Attorney Jonathan D Kossak added to party U S Customs & Border Protection(pty:dft), Attorney Jonathan D Kossak added to party Centers for Disease Control & Prevention(pty:dft), Attorney Jonathan D Kossak added to party Merrick Garland(pty:dft), Attorney Jonathan D Kossak added to party U S Dept of Health & Human Services(pty:dft), Attorney Jonathan D Kossak added to party U S Dept of Homeland Security(pty:dft), Attorney Jonathan D Kossak added to party Executive Off of Immigration(pty:dft), Attorney Jonathan D Kossak added to party U S Immigration & Customs Enforcement(pty:dft), Attorney Jonathan D Kossak added to party Ur Jaddou(pty:dft), Attorney Jonathan D Kossak added to party Tae Johnson(pty:dft), Attorney Jonathan D Kossak added to party U S Dept of Justice(pty:dft), Attorney Jonathan D Kossak added to party Christopher Magnus(pty:dft), Attorney Jonathan D Kossak added to party Alejandro Mayorkas(pty:dft), Attorney Jonathan D Kossak added to party David Neal(pty:dft), Attorney Jonathan D Kossak added to party Raul Ortiz(pty:dft), Attorney Jonathan D Kossak added to party U S Border Patrol(pty:dft), Attorney Jonathan D Kossak added to party USA(pty:dft), Attorney Jonathan D Kossak added to party Rochelle Walensky(pty:dft)) (aty,Kossak, Jonathan) (Entered: 04/13/2022)	April 13, 2022	April 13, 2022 PACER
10	AMENDED COMPLAINT against Xavier Becerra, Joseph R Biden, Jr, U S Citizenship & Immigration Services, U S Customs & Border Protection, Centers for Disease Control & Prevention, Merrick Garland, U S Dept of Health & Human Services, U S Dept of Homeland Security, Executive Off of Immigration, U S Immigration & Customs Enforcement, Ur Jaddou, Tae Johnson, U S Dept of Justice, Christopher Magnus, Alejandro Mayorkas, David Neal, Raul Ortiz, U S Border Patrol, USA, Rochelle Walensky filed by State of Arizona, State of Louisiana, State of Missouri, State of West Virginia, State of South Carolina, State of Florida, State of Mississippi, State of Wyoming, State of Georgia, State of Alabama, State of Alaska, State of Utah, State of Tennessee, State of Ohio, State of Idaho, State of Arkansas, State of Nebraska, State of Montana, State of Oklahoma, Commonwealth of Kentucky, State of Kansas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Attorney Elizabeth Baker Murrill added to party State of Alabama(pty:pla), Attorney Elizabeth Baker Murrill added to party State of Alaska(pty:pla), Attorney Elizabeth Baker Murrill added to party State of Arkansas(pty:pla), Attorney Elizabeth Baker Murrill added to party State of Florida(pty:pla), Attorney Elizabeth Baker Murrill added to party State of Georgia(pty:pla), Attorney Elizabeth Baker Murrill added to party State of Idaho(pty:pla), Attorney Elizabeth Baker Murrill added to party State of Kansas(pty:pla), Attorney Elizabeth Baker Murrill added to party Commonwealth of Kentucky(pty:pla), Attorney Elizabeth Baker Murrill added to party State of Mississippi(pty:pla), Attorney Elizabeth Baker Murrill added to party State of Montana(pty:pla), Attorney Elizabeth Baker Murrill added to party State of Nebraska(pty:pla), Attorney Elizabeth Baker Murrill added to party State of Ohio(pty:pla), Attorney Elizabeth Baker Murrill added to party State of Oklahoma(pty:pla), Attorney Elizabeth Baker Murrill added to party State of South Carolina(pty:pla), Attorney Elizabeth Baker Murrill added to party State of Tennessee(pty:pla), Attorney Elizabeth Baker Murrill added to party State of Utah(pty:pla), Attorney Elizabeth Baker Murrill added to party State of West Virginia(pty:pla), Attorney Elizabeth Baker Murrill added to party State of Wyoming(pty:pla))(aty,Murrill, Elizabeth) (Entered: 04/14/2022) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP	April 14, 2022	April 14, 2022 Clearinghouse
	Motions Transferred	April 14, 2022	April 14, 2022 PACER
11	MOTION for Leave to File Excess Pages by State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Tennessee, State of Utah, State of West Virginia, State of Wyoming. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 4/14/2022. (Attachments: # 1 Proposed pleading, # 2 Proposed pleading, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Proposed order, # 10 Proposed order)(aty,Murrill, Elizabeth) (Entered: 04/14/2022) 3 View on RECAP 4 View on RECAP 5 View on RECAP	April 14, 2022	April 14, 2022 PACER
12	ORDER granting 11 Motion for Leave to File Excess Pages. Signed by Judge Robert R Summerhays on 4/14/2022. (crt,Jordan, P) (Entered: 04/14/2022)	April 14, 2022	April 14, 2022 PACER
	Set Motion and R&R Deadlines/Hearings	April 14, 2022	April 14, 2022 PACER
13	MOTION for Preliminary Injunction, MOTION to Expedite by State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Tennessee, State of Utah, State of West Virginia, State of Wyoming. (Motion Ripe Deadline set for 4/14/2022.) (Attachments: # 1 Memorandum / Brief, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Proposed order)(crt,Whidden, C) (Entered: 04/14/2022) 1 Memorandum / Brief View on Clearinghouse 2 Exhibit A View on RECAP 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Exhibit E View on PACER 7 Exhibit F View on PACER 8 Proposed order View on PACER	April 14, 2022	April 14, 2022 RECAP
	Motions Transferred regarding 13 MOTION for Preliminary Injunction, MOTION to Expedite. Motions referred to Judge Robert R Summerhays. (crt,Whidden, C)	April 14, 2022	April 14, 2022 PACER
	Set/Reset Deadlines as to 13 MOTION for Preliminary Injunction. Motion Ripe Deadline set for 4/14/2022. (crt,Whidden, C)	April 14, 2022	April 14, 2022 PACER
14	MOTION for Hearing filed as a STIPULATION re 13 MOTION for Preliminary Injunction by State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Tennessee, State of Utah, State of West Virginia, State of Wyoming. (Attachments: # 1 Proposed order)(aty,Murrill, Elizabeth) Modified on 4/18/2022 to more accurately identify pleading filed. (Alexander, E) (Entered: 04/14/2022) 1 Proposed order View on PACER	April 14, 2022	April 14, 2022 RECAP
	Set Deadlines as to 14 Motion for Hearing filed as a STIPULATION re 13 MOTION for Preliminary Injunction. Motion Ripe Deadline set for 4/14/2022. (crt,Alexander, E)	April 14, 2022	April 14, 2022 PACER
	Set Motion and R&R Deadlines/Hearings	April 18, 2022	April 18, 2022 PACER
15	CORRECTIVE DOCUMENT entitled Stipulation Regarding Schedule for Resolution of Plaintiffs' Motion for Preliminary Injunction filed by State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Tennessee, State of Utah, State of West Virginia, State of Wyoming regarding 14 Motion for Hearing filed as a STIPULATION re 13 MOTION for Preliminary Injunction . (aty,Murrill, Elizabeth) (Entered: 04/19/2022)	April 19, 2022	April 19, 2022 PACER
16	MOTION for Leave to File Brief as Amici Curiae in Support of Plaintiffs' Motion for Preliminary Injunction with consent by Jodey C Arrington, Brian Babin, Jim Banks, Andy Biggs, Dan Bishop, Vern Buchanan, Ted Budd, Michael C Burgess, Kat Cammack, Ben Cline, Michael Cloud, Rodney Davis, Jeff Duncan, Andrew R Garbarino, Louie Gohmert, Bob Good, Lance Gooden, Marjorie Taylor Greene, Michael Guest, Vicky Hartzler, Yvette Herrell, Clay Higgins, Ashley Hinson, Ronny L Jackson, Mike Johnson, Mike Kelly, Doug Lamborn, David Kustoff, Debbie Lesko, Nancy Mace, Lisa McClain, Tom McClintock, Dan Meuser, Mary E Miller, Markwayne Mullin, Greg Murphy, Ralph Norman, Dan Newhouse, Steven M Palazzo, Scott Perry, August Pfluger, David Rouzer, Austin Scott, Adrian Smith, Jason Smith, Lloyd Smucker, Victoria Spartz, Elise M Stefanik, Tom Tiffany, William Timmons, Beth Van Duyne, Randy K Weber, Roger Williams, Lee M Zeldin. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 4/19/2022. (Attachments: # 1 Memorandum / Brief Memorandum in Support of Motion for Leave, # 2 Proposed pleading Title 42 Amicus Brief, # 3 Proposed order)(Attorney John S Campbell, III added to party Jodey C Arrington(pty:am), Attorney John S Campbell, III added to party Brian Babin(pty:am), Attorney John S Campbell, III added to party Jim Banks(pty:am), Attorney John S Campbell, III added to party Andy Biggs(pty:am), Attorney John S Campbell, III added to party Dan Bishop(pty:am), Attorney John S Campbell, III added to party Vern Buchanan(pty:am), Attorney John S Campbell, III added to party Ted Budd(pty:am), Attorney John S Campbell, III added to party Michael C Burgess(pty:am), Attorney John S Campbell, III added to party Kat Cammack(pty:am), Attorney John S Campbell, III added to party Ben Cline(pty:am), Attorney John S Campbell, III added to party Michael Cloud(pty:am), Attorney John S Campbell, III added to party Rodney Davis(pty:am), Attorney John S Campbell, III added to party Jeff Duncan(pty:selreq), Attorney John S Campbell, III added to party Andrew R Garbarino(pty:am), Attorney John S Campbell, III added to party Louie Gohmert(pty:am), Attorney John S Campbell, III added to party Bob Good(pty:am), Attorney John S Campbell, III added to party Lance Gooden(pty:am), Attorney John S Campbell, III added to party Marjorie Taylor Greene(pty:am), Attorney John S Campbell, III added to party Michael Guest(pty:am), Attorney John S Campbell, III added to party Vicky Hartzler(pty:am), Attorney John S Campbell, III added to party Yvette Herrell(pty:am), Attorney John S Campbell, III added to party Clay Higgins(pty:am), Attorney John S Campbell, III added to party Ashley Hinson(pty:am), Attorney John S Campbell, III added to party Ronny L Jackson(pty:am), Attorney John S Campbell, III added to party Mike Johnson(pty:a), Attorney John S Campbell, III added to party Mike Kelly(pty:am), Attorney John S Campbell, III added to party Doug Lamborn(pty:am), Attorney John S Campbell, III added to party David Kustoff(pty:am), Attorney John S Campbell, III added to party Debbie Lesko(pty:am), Attorney John S Campbell, III added to party Nancy Mace(pty:am), Attorney John S Campbell, III added to party Lisa McClain(pty:am), Attorney John S Campbell, III added to party Tom McClintock(pty:am), Attorney John S Campbell, III added to party Dan Meuser(pty:am), Attorney John S Campbell, III added to party Mary E Miller(pty:am), Attorney John S Campbell, III added to party Markwayne Mullin(pty:am), Attorney John S Campbell, III added to party Greg Murphy(pty:am), Attorney John S Campbell, III added to party Ralph Norman(pty:am), Attorney John S Campbell, III added to party Dan Newhouse(pty:am), Attorney John S Campbell, III added to party Steven M Palazzo(pty:am), Attorney John S Campbell, III added to party Scott Perry(pty:am), Attorney John S Campbell, III added to party August Pfluger(pty:am), Attorney John S Campbell, III added to party David Rouzer(pty:am), Attorney John S Campbell, III added to party Austin Scott(pty:am), Attorney John S Campbell, III added to party Adrian Smith(pty:am), Attorney John S Campbell, III added to party Jason Smith(pty:am), Attorney John S Campbell, III added to party Lloyd Smucker(pty:am), Attorney John S Campbell, III added to party Victoria Spartz(pty:am), Attorney John S Campbell, III added to party Elise M Stefanik(pty:selreq), Attorney John S Campbell, III added to party Tom Tiffany(pty:am), Attorney John S Campbell, III added to party William Timmons(pty:am), Attorney John S Campbell, III added to party Beth Van Duyne(pty:am), Attorney John S Campbell, III added to party Randy K Weber(pty:am), Attorney John S Campbell, III added to party Roger Williams(pty:am), Attorney John S Campbell, III added to party Lee M Zeldin(pty:am))(aty,Campbell, John) (Entered: 04/19/2022)	April 19, 2022	April 19, 2022 PACER
17	MOTION for Autumn Hamit Patterson to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5073875) by Jodey C Arrington, Brian Babin, Jim Banks, Andy Biggs, Dan Bishop, Vern Buchanan, Ted Budd, Michael C Burgess, Kat Cammack, Ben Cline, Michael Cloud, Rodney Davis, Jeff Duncan, Andrew R Garbarino, Louie Gohmert, Bob Good, Lance Gooden, Marjorie Taylor Greene, Michael Guest, Vicky Hartzler, Yvette Herrell, Clay Higgins, Ashley Hinson, Ronny L Jackson, Mike Johnson, Mike Kelly, David Kustoff, Doug Lamborn, Debbie Lesko, Nancy Mace, Lisa McClain, Tom McClintock, Dan Meuser, Mary E Miller, Markwayne Mullin, Greg Murphy, Dan Newhouse, Ralph Norman, Steven M Palazzo, Scott Perry, August Pfluger, David Rouzer, Austin Scott, Adrian Smith, Jason Smith, Lloyd Smucker, Victoria Spartz, Elise M Stefanik, Tom Tiffany, William Timmons, Beth Van Duyne, Randy K Weber, Roger Williams, Lee M Zeldin. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 4/19/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Campbell, John) (Entered: 04/19/2022)	April 19, 2022	April 19, 2022 PACER
18	MOTION for Robert Henneke to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5073883) by Jodey C Arrington, Brian Babin, Jim Banks, Andy Biggs, Dan Bishop, Vern Buchanan, Ted Budd, Michael C Burgess, Kat Cammack, Ben Cline, Michael Cloud, Rodney Davis, Jeff Duncan, Andrew R Garbarino, Louie Gohmert, Bob Good, Lance Gooden, Marjorie Taylor Greene, Michael Guest, Vicky Hartzler, Yvette Herrell, Clay Higgins, Ashley Hinson, Ronny L Jackson, Mike Johnson, Mike Kelly, David Kustoff, Doug Lamborn, Debbie Lesko, Nancy Mace, Lisa McClain, Tom McClintock, Dan Meuser, Mary E Miller, Markwayne Mullin, Greg Murphy, Dan Newhouse, Ralph Norman, Steven M Palazzo, Scott Perry, August Pfluger, David Rouzer, Austin Scott, Adrian Smith, Jason Smith, Lloyd Smucker, Victoria Spartz, Elise M Stefanik, Tom Tiffany, William Timmons, Beth Van Duyne, Randy K Weber, Roger Williams, Lee M Zeldin. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 4/19/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Campbell, John) (Entered: 04/19/2022)	April 19, 2022	April 19, 2022 PACER
19	ORDER granting 14 Motion for Hearing. Motion day set for 5/13/2022 10:00 AM in Lafayette, Courtroom 3 before Judge Robert R Summerhays. Signed by Judge Robert R Summerhays on 4/20/2022. (crt,Thomas, T) (Entered: 04/20/2022)	April 20, 2022	April 20, 2022 RECAP
	Set Motion and R&R Deadlines/Hearings	April 20, 2022	April 20, 2022 PACER
	Set/Reset Deadlines as to 13 MOTION for Preliminary Injunction MOTION to Expedite. Responses due by 4/29/2022. Replies due by 5/9/2022. (crt,Thomas, T)	April 20, 2022	April 20, 2022 PACER
20	ORDER granting 16 Motion for Leave to File Brief as Amici Curiae in Support of Plaintiffs' Motion for Preliminary Injunction. Signed by Judge Robert R Summerhays on 4/20/2022. (crt,Thomas, T) (Entered: 04/20/2022)	April 20, 2022	April 20, 2022 PACER
21	AMICI CURIAE MEMORANDUM in Support re 13 MOTION for Preliminary Injunction MOTION to Expedite filed by Jodey C Arrington, Brian Babin, Jim Banks, Andy Biggs, Dan Bishop, Vern Buchanan, Ted Budd, Michael C Burgess, Kat Cammack, Ben Cline, Michael Cloud, Rodney Davis, Jeff Duncan, Andrew R Garbarino, Louie Gohmert, Bob Good, Lance Gooden, Marjorie Taylor Greene, Michael Guest, Vicky Hartzler, Yvette Herrell, Clay Higgins, Ashley Hinson, Ronny L Jackson, Mike Johnson, Mike Kelly, David Kustoff, Doug Lamborn, Debbie Lesko, Nancy Mace, Lisa McClain, Tom McClintock, Dan Meuser, Mary E Miller, Markwayne Mullin, Greg Murphy, Dan Newhouse, Ralph Norman, Steven M Palazzo, Scott Perry, August Pfluger, David Rouzer, Austin Scott, Adrian Smith, Jason Smith, Lloyd Smucker, Victoria Spartz, Elise M Stefanik, Tom Tiffany, William Timmons, Beth Van Duyne, Randy K Weber, Roger Williams, Lee M Zeldin. (crt,Thomas, T) (Entered: 04/20/2022)	April 20, 2022	April 20, 2022 PACER
22	ORDER granting 17 Motion to Appear Pro Hac Vice for appearance of Autumn Hamit Patterson for Amicus parties. Signed by Magistrate Judge Carol B Whitehurst on 4/20/2022. (crt,Thomas, T) (Entered: 04/20/2022)	April 20, 2022	April 20, 2022 PACER
23	ORDER granting 18 Motion to Appear Pro Hac Vice for appearance of Robert Henneke for Amicus parties. Signed by Magistrate Judge Carol B Whitehurst on 4/20/2022. (crt,Thomas, T) (Entered: 04/20/2022)	April 20, 2022	April 20, 2022 PACER
24	MOTION for Temporary Restraining Order, MOTION to Compel by State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Ohio, State of Oklahoma, State of South Carolina, State of Tennessee, State of Utah, State of West Virginia, State of Wyoming. Motion Ripe Deadline set for 4/21/2022. (Attachments: # 1 Memorandum in Support, # 2 Proposed order, # 3 Declaration of Joseph Scott St. John, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C)(aty,St John, Joseph). Modified to add motion event on 4/21/2022 (Thomas, T). (Entered: 04/21/2022) 1 Memorandum in Support View on Clearinghouse 2 Proposed order View on RECAP 3 Declaration of Joseph Scott St. John View on RECAP 4 Exhibit A View on RECAP 5 Exhibit B View on RECAP 6 Exhibit C View on RECAP	April 21, 2022	April 21, 2022 RECAP
25	MOTION for Drew Ensign to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5076933) by State of Arizona. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 4/21/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 04/21/2022)	April 21, 2022	April 21, 2022 PACER
26	ORDER: Considering the Plaintiff States' Motion for a Temporary Restraining Order and to Compel Production of Information ECF No. 24, and in order to avoid possible irreparable harm, IT IS ORDERED THAT Defendants shall file a response to the Motion no later than Friday, April 22, 2022, at noon Central Time. Signed by Judge Robert R Summerhays on 4/21/2022. (crt,Thomas, T) (Entered: 04/21/2022)	April 21, 2022	April 21, 2022 RECAP
27	RESPONSE to Motion re 24 MOTION for Temporary Restraining Order MOTION to Compel Production of Information filed by Xavier Becerra, Joseph R Biden, Jr, U S Citizenship & Immigration Services, U S Customs & Border Protection, Centers for Disease Control & Prevention, Merrick Garland, U S Dept of Health & Human Services, U S Dept of Homeland Security, Executive Off of Immigration, U S Immigration & Customs Enforcement, Ur Jaddou, Tae Johnson, U S Dept of Justice, Christopher Magnus, Alejandro Mayorkas, David Neal, Raul Ortiz, U S Border Patrol, USA, Rochelle Walensky. (Attachments: # 1 Exhibit A, Declaration of Blas Nunez-Neto)(aty,Kossak, Jonathan) (Entered: 04/22/2022) 1 Exhibit A, Declaration of Blas Nunez-Neto View on RECAP	April 22, 2022	April 22, 2022 Clearinghouse
28	ORDER: Presently before the Court is the Plaintiff States Motion for Temporary Restraining Order and to Compel Production of Information ECF No. 24 . The Court has now received the opposition to the Motion filed by the Defendants. Based on the Court's review of the opposition, IT IS ORDERED THAT if the Plaintiff States wish to respond to the Defendants' opposition, they shall file such response no later than noon Central Time on Monday, April 25, 2022; IT IS FURTHER ORDERED THAT the parties are to promptly confer on an expedited discovery plan that addresses: (1) the discovery identified in the Plaintiff States Motion for Temporary Restraining Order; and (2) any discovery in connection with the evidentiary hearing on the Motion for Preliminary Injunction; and IT IS FURTHER ORDERED THAT the Court will hold a status conference with counsel for the parties on Monday, April 25, 2022 at 3:00 p.m. Central Time via Zoom. Only counsel of record for the parties will be permitted to attend the status conference.( Replies due by 4/25/2022.) ( District Judge Status Conference set for 4/25/2022 03:00 PM via zoom by before Judge Robert R Summerhays.) Signed by Judge Robert R Summerhays on 4/22/2022. (crt,Thomas, T) (Entered: 04/22/2022)	April 22, 2022	April 22, 2022 RECAP
29	ORDER granting 25 Motion to Appear Pro Hac Vice for appearance of Drew Ensign for State of Arizona. Signed by Magistrate Judge Carol B Whitehurst on 4/22/2022. (crt,Thomas, T) (Entered: 04/22/2022)	April 22, 2022	April 22, 2022 PACER

Case: Arizona v. Centers for Disease Control & Prevention

6:22-cv-00885 | U.S. District Court for the Western District of Louisiana

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