Case: GenBioPro, Inc. v. Sorsaia

COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8350600. (Attachments: # 1 Proposed Summons as to Mark A. Sorsaia, # 2 Proposed Summons as to Patrick Morrissey, # 3 Civil Cover Sheet) (jsa)

1 Proposed Summons as to Mark A. Sorsaia

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2 Proposed Summons as to Patrick Morrissey

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3 Civil Cover Sheet

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ELECTRONIC SUMMONS ISSUED as to Patrick Morrissey, Mark A. Sorsaia, re: 1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachment: # 1 summons as to Patrick Morrissey) (jsa)

STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: counsel of record; any unrepresented party) (jsa)

NOTICE OF CHANGE OF ATTORNEY INFORMATION by Christina L. Smith updating name and/or firm information on behalf of GenBioPro, Inc. (Smith, Christina)

STATEMENT OF VISITING ATTORNEY from Daphne O'Connor on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8351204. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

STATEMENT OF VISITING ATTORNEY from John Elwood on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8351217. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

STATEMENT OF VISITING ATTORNEY from Robert Katerberg on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8351222. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

CASE assigned to Judge Robert C. Chambers. (klc)

Case Assigned

STATEMENT OF VISITING ATTORNEY from Ariela M. Migdal on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8352878. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

STATEMENT OF VISITING ATTORNEY from David C. Frederick on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8352912. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

STATEMENT OF VISITING ATTORNEY from Eliana M. Pfeffer on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8352922. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

STATEMENT OF VISITING ATTORNEY from Mary Charlotte Carroll on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8352931. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

STATEMENT OF VISITING ATTORNEY from Skye Perryman on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8353966. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

STATEMENT OF VISITING ATTORNEY from Kristen P. Miller on behalf of GenBioPro, Inc. Local counsel: Anthony J. Majestro. Fee $50.00. Receipt # AWVSDC-8353968. (Attachment: # 1 WVSB receipt)(Majestro, Anthony)

SUMMONS RETURNED EXECUTED for Patrick Morrissey, re: 1 Complaint. Curtis Capehart, Deputy Attorney General, served on 1/30/2023 pursuant to his agreement to accept service via electronic mail on behalf of Patrick Morrisey, answer due 2/21/2023. (Majestro, Anthony) (Modified on 1/31/2023 to add the name of the person served and means of service) (mkw).

SUMMONS RETURNED EXECUTED for Mark A. Sorsaia, re: 1 Complaint. Katelyn Barr, Legal Assistant, served on 1/31/2023 on behalf of Mark A. Sorsaia, answer due 2/21/2023. (Majestro, Anthony) (Modified on 2/1/2023 to add the name of the person served) (mkw).

DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Plaintiff GenBioPro, Inc. (Majestro, Anthony)

RULE 12(B)(1) AND RULE 12(B)(6) MOTION by Mark A. Sorsaia to Dismiss for Failure to State a Claim, re: 1 Complaint. (jsa)

MEMORANDUM OF LAW by Mark A. Sorsaia in support of 17 RULE 12(B)(1) AND RULE 12(B)96) MOTION by Mark A. Sorsaia to Dismiss for Failure to State a Claim, re: 1 Complaint. (jsa)

MOTION by Patrick Morrisey to Dismiss re: 1 Complaint. (Attachments: # 1 Proposed Order)(Capehart, Curtis) (Modified on 2/22/2023 to add link to #1 complaint) (mk).

1 Proposed Order

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MEMORANDUM by Patrick Morrisey in support of 19 MOTION by Patrick Morrisey to Dismiss re: 1 Complaint. (Capehart, Curtis)

STATEMENT OF VISITING ATTORNEY from Denise M. Harle on behalf of Patrick Morrisey. Local counsel: Curtis R. A. Capehart. Fee $50.00. Receipt # AWVSDC-8373158. (Capehart, Curtis)

STATEMENT OF VISITING ATTORNEY from Erin M. Hawley on behalf of Patrick Morrisey. Local counsel: Curtis R. A. Capehart. Fee $50.00. Receipt # AWVSDC-8373175. (Capehart, Curtis)

NOTICE OF APPEARANCE by Jeffrey A. Kimble on behalf of State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas. (Kimble, Jeffrey)

MOTION by State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas for Leave to File Motion of Arkansas, Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, and Texas for Leave to File an Amicus Brief in Support of the Defendants in this matter, with proposed document attached. (Attachment: # 1 Exhibit)(Kimble, Jeffrey)

1 Exhibit

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UNOPPOSED MOTION by GenBioPro, Inc. to Extend Deadline to Respond to Defendant Mark A. Sorsaia's 17 MOTION to Dismiss to 3/7/2023. (Attachment: # 1 Proposed Order)(Majestro, Anthony) (Modified on 3/1/2023 to add link to #17 motion) (mkw).

ORDER GRANTING PLAINTIFF'S MOTION TO EXTEND DEADLINE TO RESPOND TO DEFENDANT MARK A. SORSAIA MOTION TO DISMISS granting Plaintiff's 25 MOTION to Extend Deadline to Respond to Defendant Mark A. Sorsaia's Motion to Dismiss; Plaintiff shall file its response on 3/7/2023. Signed by Judge Robert C. Chambers on 3/2/2023. (cc: counsel of record who have registered to receive an electronic NEF) (cla)

UNOPPOSED MOTION by GenBioPro, Inc. to Extend Deadline to Respond to 19 MOTION by Patrick Morrisey to Dismiss, re: 1 Complaint to 3/17/2023 and UNOPPOSED MOTION by GenBioPro, Inc. to Exceed Page Limit for its Response. (Attachment: # 1 Proposed Order)(Smith, Christina)

ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION TO EXTEND DEADLINE AND PAGE LIMIT TO RESPOND TO DEFENDANT PATRICK MORRISEY'S MOTION TO DISMISS granting the 27 UNOPPOSED MOTION by GenBioPro, Inc. to Extend Deadline to Respond to 19 MOTION by Patrick Morrisey to Dismiss and to Exceed Page Limit for its Response; Plaintiff shall file its Response to Defendant Morrisey's Motion to Dismiss on 3/17/2023. Signed by Judge Robert C. Chambers on 3/6/2023. (cc: counsel of record who have registered to receive an electronic NEF) (jsa)

ORDER granting the 24 MOTION by State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas for Leave to File an Amicus Brief in Support of the Defendants; directing the Clerk to file the Amicus Brief. Signed by Judge Robert C. Chambers on 3/6/2023. (cc: counsel of record; any unrepresented parties) (jsa)

AMICUS BRIEF by State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas in support of 17 MOTION by Mark A. Sorsaia to Dismiss for Failure to State a Claim and 19 MOTION by Patrick Morrisey to Dismiss 1 Complaint. (jsa)

OPPOSITION by GenBioPro, Inc. to 17 MOTION by Mark A. Sorsaia to Dismiss. (Smith, Christina) (Modified on 3/8/2023 to remove link to #18 memorandum in support) (mkw).

STATEMENT OF VISITING ATTORNEY from Dylan L. Jacobs on behalf of State of Arkansas. Local counsel: Jeffrey A. Kimble. Fee $50.00. Receipt #AWVSDC-8373482. (Attachment: # 1 Receipt) (jsa) (Modified on 3/13/2023 to correct the filed date) (Entered: 03/13/2023)

STATEMENT OF VISITING ATTORNEY from Asher Steinberg on behalf of State of Arkansas. Local counsel: Jeffrey A. Kimble. Fee $50.00. Receipt #AWVSDC-8373444. (Attachment: # 1 Receipt) (jsa) (Modified on 3/13/2023 to correct the filed date) (mkw). (Entered: 03/13/2023)

STATEMENT OF VISITING ATTORNEY from Nicholas J. Bronni on behalf of State of Arkansas. Local counsel: Jeffrey A. Kimble. Fee $50.00. Receipt #AWVSDC-8373457 (Attachment: # 1 Receipt) (jsa) (Modified on 3/13/2023 to correct the filed date) (mkw). (Entered: 03/13/2023)

OPPOSITION by GenBioPro, Inc. to 19 MOTION by Patrick Morrisey to Dismiss, re: 1 Complaint. (Attachment: # 1 Appendix Statutory Addendum)(Majestro, Anthony) (Modified on 3/20/2023 to remove link to #20 memorandum) (mkw).

1 Appendix Statutory Addendum

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STATEMENT OF VISITING ATTORNEY from Kaixin Fan on behalf of Rachel Rebouche, Lewis Grossman, I. Glenn Cohen, Allison Whelan, Greer Donley, David S. Cohen, Patricia J. Zettler, Peter Barton Hutt. Local counsel: Russell D. Jessee. Fee $50.00. Receipt # AWVSDC-8385797. (Jessee, Russell)

STATEMENT OF VISITING ATTORNEY from Beth Braiterman on behalf of Rachel Rebouche, Lewis Grossman, I. Glenn Cohen, Allison Whelan, Greer Donley, David S. Cohen, Patricia J. Zettler, Peter Barton Hutt. Local counsel: Russell Jessee. Fee $50.00. Receipt # AWVSDC-8385806. (Jessee, Russell)

STATEMENT OF VISITING ATTORNEY from Julia F. Post on behalf of Rachel Rebouche, Lewis Grossman, I. Glenn Cohen, Allison Whelan, Greer Donley, David S. Cohen, Patricia J. Zettler, Peter Barton Hutt. Local counsel: Russell D. Jessee. Fee $50.00. Receipt # AWVSDC-8385822. (Jessee, Russell)

STATEMENT OF VISITING ATTORNEY from Denise Esposito on behalf of Rachel Rebouche, Lewis Grossman, I. Glenn Cohen, Allison Whelan, Greer Donley, David S. Cohen, Patricia J. Zettler, Peter Barton Hutt. Local counsel: Russell D. Jessee. Fee $50.00. Receipt # AWVSDC-8385834. (Jessee, Russell)

MOTION by David S. Cohen, I. Glenn Cohen, Greer Donley, Lewis Grossman, Peter Barton Hutt, Rachel Rebouche, Allison Whelan, Patricia J. Zettler for Leave to File An Amicus Curiae Brief in Support of Plaintiff's 35 Opposition to Defendants' Motions to Dismiss, with proposed document attached. (Attachment: # 1 Exhibit - Brief)(Jessee, Russell) (Modified on 3/21/2023 to add link to #35 opposition) (mkw).

1 Exhibit - Brief

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UNOPPOSED MOTION by Patrick Morrisey to Extend Deadline for Reply to Plaintiff's 35 Response In Opposition. (Capehart, Curtis) (Modified on 3/24/2023 to remove link to #19 motion and #1 complaint and add link to #35 opposition) (mkw).

ORDER granting Defendant Patrick Morrisey's 41 UNOPPOSED MOTION to Extend Deadline for Reply in Support of Defendant's Morrisey's Motion to Dismiss; reply due by 3/31/2023. Signed by Judge Robert C. Chambers on 3/24/2023. (cc: counsel of record and any unrepresented parties) (cla)

ORDER granting 40 MOTION by David S. Cohen, I. Glenn Cohen, Greer Donley, Lewis Grossman, Peter Barton Hutt, Rachel Rebouche, Allison Whelan, Patricia J. Zettler for Leave to File An Amicus Curiae Brief in Support of Plaintiff's Opposition to Defendants' Motions to Dismiss and directing the Clerk to file the Amicus Brief. Signed by Judge Robert C. Chambers on 3/27/2023. (cc: counsel and any unrepresented parties) (mkw)

BRIEF by David S. Cohen, I. Glenn Cohen, Greer Donley, Lewis Grossman, Peter Barton Hutt, Rachel Rebouche, Allison Whelan, Patricia J. Zettler as Amici Curiae in support of 35 OPPOSITION by GenBioPro, Inc. to Defendants' Motions to Dismiss filed pursuant to the 43 Order. (mkw)

REPLY by Patrick Morrisey to 35 Response In Opposition. (Capehart, Curtis)

LETTER-FORM NOTICE by GenBioPro, Inc. in opposition to 17 MOTION by Mark A. Sorsaia to Dismiss for Failure to State a Claim and 19 MOTION by Patrick Morrisey to Dismiss and 45 Reply to Response. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Majestro, Anthony) (Modified on 4/13/2023 to remove link to #18 and #20 memorandums) (mkw).

1 Exhibit A

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2 Exhibit B

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ORDER setting a hearing concerning the issue of standing for 4/24/2023 at 2:00 PM in Huntington before Judge Robert C. Chambers, re: 17 MOTION by Mark A. Sorsaia to Dismiss for Failure to State a Claim and 19 MOTION by Patrick Morrisey to Dismiss; one hour will be allotted for argument; Counsel arguing the motions will appear in person. Signed by Judge Robert C. Chambers on 4/13/2023. (cc: counsel of record; any unrepresented parties) (jsa)

MOTION by Mark A. Sorsaia, Patrick Morrisey to Stay This Case Pending the Outcome of Alliance for Hippocratic Medicine v. U. S. Food & Drug Administration, No. 2:22-cv-00223 (N.D. Tex.). (Attachment: # 1 Exhibit A)(Capehart, Curtis) (Modified on 4/18/2023 to add party filer) (mkw).

1 Exhibit A

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MEMORANDUM by Mark A. Sorsaia, Patrick Morrisey in support of 48 MOTION by Mark A. Sorsaia, Patrick Morrisey to Stay This Case Pending the Outcome of Alliance for Hippocratic Medicine v. U. S. Food & Drug Administration, No. 2:22-cv-00223 (N.D. Tex.) (Capehart, Curtis) (Modified on 4/18/2023 to add party filer) (mkw).

OPPOSITION by GenBioPro, Inc. to 48 MOTION by Mark A. Sorsaia, Patrick Morrisey to Stay This Case Pending the Outcome of Alliance for Hippocratic Medicine v. U. S. Food & Drug Administration, No. 2:22-cv-00223 (N.D. Tex.). (Attachments: # 1 Exhibit A - Maryland Comp.) (Majestro, Anthony)

1 Exhibit A - Maryland Comp.

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REPLY by Patrick Morrisey to 50 Memorandum In Opposition. (Attachment: # 1 Exhibit A)(Capehart, Curtis)

1 Exhibit A

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ORDER denying Defendants' 48 MOTION for Stay; to facilitate the argument scheduled for 4/24/2023, the Court informs the parties that Plaintiff will present its arguments first. Signed by Judge Robert C. Chambers on 4/21/2023. (cc: counsel of record; any unrepresented parties) (jsa)

MOTION HEARING held by Judge Robert C. Chambers on 4/24/2023; Court Reporter: Catherine Schutte-Stant. (trj)

MEMORANDUM OPINION AND ORDER denying in part Defendants' 17 and 19 MOTIONS to Dismiss as to their arguments concerning standing; holding in abeyance the remainder of the Motions; directing counsel to appear in person on 5/23/2023 at 1:30 p.m. in Huntington to argue the remaining issues raised in the Motions. Signed by Judge Robert C. Chambers on 5/2/2023. (cc: counsel of record; any unrepresented parties) (jsa)

ORDER in consideration of the Supreme Court's opinion in National Pork Producers Council v. Ross, No. 21468, S. Ct. (2023), directing the parties to file supplemental briefing by Friday, May 19, 2023. Signed by Judge Robert C. Chambers on 5/11/2023. (cc: attys; any unrepresented parties) (mkw)

TRANSCRIPT OF PROCEEDINGS of Motion Hearing held on 04/24/2023, before Judge Robert C. Chambers. Court Reporter Catherine Schutte-Stant, Telephone number 304-347-3151. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 5/30/2023. Redaction Request due 6/7/2023. Redacted Transcript Deadline set for 6/20/2023. Release of Transcript Restriction set for 8/15/2023. (css)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT for pro se and non-electronic filers re 56 Transcript of Motion Hearing held on 04/24/2023, before Judge Robert C. Chambers. Court Reporter Catherine Schutte-Stant, Telephone number 304-347-3151. (klc)

SUPPLEMENTAL BRIEFING by GenBioPro, Inc. in response to the Court's 55 Order. (Majestro, Anthony)

SUPPLEMENTAL BRIEFING by Patrick Morrisey in response to the Court's 55 Order. (Capehart, Curtis)

NOTICE OF FILING by GenBioPro, Inc. to correct page eleven of its Statutory Addendum attached to its 35 Opposition. (Attachment: # 1 Exhibit A)(Majestro, Anthony)

1 Exhibit Exhibit A

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MOTION HEARING held by Judge Robert C. Chambers on 5/23/2023; Court Reporter: Kathy Swinhart. (trj)

Transcript - Miscellaneous

Notice of Filing of Official Transcript

Transcript Request

1 Envelope

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