Case: Missouri v. Biden

3:22-cv-01213 | U.S. District Court for the Western District of Louisiana

Filed Date: May 5, 2022

Case Ongoing

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Case Summary

This case concerns communication between U.S. officials and technology companies and allegations that numerous federal officials coerced social-media platforms into censoring certain social media content in violation of the First Amendment. Plaintiffs, Missouri, Louisiana, and five private persons (social-media users) claimed that Defendants suppressed conservative-leaning free speech, such as suppressing the Hunter Biden laptop story prior to the 2020 Presidential election, suppressing speech …

This case concerns communication between U.S. officials and technology companies and allegations that numerous federal officials coerced social-media platforms into censoring certain social media content in violation of the First Amendment.

Plaintiffs, Missouri, Louisiana, and five private persons (social-media users) claimed that Defendants suppressed conservative-leaning free speech, such as suppressing the Hunter Biden laptop story prior to the 2020 Presidential election, suppressing speech about the lab-leak theory of COVID-19’s origin, suppressing speech about the efficiency of masks and COVID-19 lockdowns, suppressing speech about the efficiency of COVID-19 vaccines, suppressing speech about election integrity in the 2020 presidential election, suppressing speech about the security of voting by mail, suppressing parody content about Defendants, suppressing negative posts about the economy, and suppressing negative posts about President Biden.

On May 5, 2022, Plaintiffs, represented by Attorney Generals of Missouri and Louisiana, New Civil Liberties Alliance and private counsel, filed the lawsuit in the United States District Court for the Western District of Louisiana Monroe Division, which they subsequently amended twice. They sued Joseph Biden (President of the U.S.), White House Press Secretary, Surgeon General of the United States, Secretary of the Department of Health and Human Services (“DHHS”), DHHS, Director of the National Institute of Allergy and Infectious Diseases (“NIAID”) and Chief Medical Advisor to the President, NIAID, Centers for Disease Control and Prevention (CDC), Chief of the Digital Media Branch of the Division of Public Affairs within the CDC, United States Census Bureau (“Census Bureau”), Senior Advisor for Communications with the U.S. Census Bureau, U.S. Department of Commerce, Secretary of the Department of Homeland Security (“DHS”), Under Secretary of the Office of Strategy, Policy, and Plans, within the DHS, Senior Counselor for National Security within the Office of the Secretary of DHS, DHS, Director of the Cybersecurity and Infrastructure Security Agency within the DHS (“CISA”), CISA, White House National Climate Advisor, Director of “Disinformation Governance Board” within the DHS, the White House Senior COVID-19 Advisor, Deputy Assistant to the President and Director of Digital Strategy at the White House, the White House Covid-19 Director of Strategic Communications and Engagement, White House Digital Director for the Covid-19 Response Team, the Deputy Director of Strategic Communications and Engagement at the White House COVID-19 Response Team, Deputy Director for Strategic Communications and External Engagement for the White House Covid-19 Response Team, the White House Covid-19 Director of Strategic Communications and Engagement, the White House Covid-19 Supply Coordinator, White House Counsel, White House Partnerships Manager, Special Assistant to the President at the White House, Administrator of the U.S. Digital Service within the Office of Management and Budget in the Executive Office of the President, U.S. Department of Justice (“DOJ”), Federal Bureau of Investigation (“FBI”), the Foreign Influence Task Force (“FITF”), the Section Chief for the FBI’s Foreign Influence Task Force, Supervisory Special Agent of Squad CY-1 in the San Francisco Division of the FBI, Social Media Team Lead, Digital Media Branch, Division of Public Affairs at the CDC, Deputy Communications Director at the CDC, Chief Engagement Officer for the Surgeon General, a member of the Digital Engagement Team at HHS, Deputy Director, Office of Communications, HRSA within HHS, Director of Digital Engagement at HHS and Deputy Director of the Office of Digital Strategy at the White House, Deputy Assistant Secretary for Public Engagement at HHS, Deputy Digital Director at HHS, Senior Cybersecurity Advisory within CISA in the Department of Homeland Security, a member of the “Mis, Dis, and Mal-information (MDM) Team” within CISA at DHS, two members of Mis, Dis, and Mal-information (MDM) Team within CISA at DHS, CISA’s Senior Election Security Lead, a member of DHS’s Countering Foreign Influence Task Force, National Risk Management Center, and the Chief of the Mis-, Dis-, Malinformation Team at CISA, Division Chief for the Communications Directorate at the U.S. Census Bureau, Director of Operations at Census Open Innovation Labs at the Census Bureau and Senior Advisor on the American Rescue Plan Team at the White House, Deputy Director of the Office of Faith Based and Neighborhood Partnerships at the Census Bureau, U.S. Food and Drug Administration (“FDA”), Associate Commissioner for External Affairs within the Office of the Commissioner at the FDA, Acquisition Strategy Program Manager for the Office of Health Communications and Education at the FDA, Director of Social Media at the FDA, U.S. Department of State (“State Department”), Acting Coordinator of the State Department’s Global Engagement Center, a Senior Technical Advisor and/or Senior Advisor for the Global Engagement Center of the State Department, Acting Coordinator for the Global Engagement Center at the State Department, a member of the Technology Engagement Team at the Global Engagement Center at the State Department, U.S. Department of the Treasury (“Treasury”), U.S. Election Assistance Commission (“EAC”), the Interim Executive Director of the EAC, and Director of Communications for the EAC.

Plaintiffs brought suit under Administrative Procedure Act (“APA”) (5 U.S.C. § 706(2)(A)-(D)).  Plaintiffs claimed that the actions of Defendants constituted violation of First Amendment of the U.S. Constitution, Missouri Constitution, Louisiana Constitution, action in excess of Statutory Authority and violation of APA. They also requested the case to be certified as class action. Plaintiffs sought declaratory judgment as well as preliminary and permanent injunction. The case was assigned to U.S. District Judge Terry A. Doughty.

On May 3, 2023, Defendants opposed the Plaintiffs’ motion for preliminary injunction, by arguing – inter alia – that Plaintiffs fail to satisfy their burden of demonstrating that irreparable harm would result in the absence of a preliminary injunction and fail to show a likelihood of success on the merits of the case.

On July 4, 2023, the court granted in part, and denied in part, the motion for preliminary injunction. It found that Plaintiffs presented substantial evidence in support of their claims that they were the victims of a far-reaching and widespread censorship campaign, and they are likely to succeed on the merits of their First Amendment free speech claim against the Defendants. However, the court denied the request to certify this matter as class action by finding that Plaintiffs did not satisfy the four baseline requirements for class action certification, i.e. numerosity, commonality, typicality, and adequacy of representation.

On July 5, 2023, Defendants appealed the preliminary injunction order in the U.S. Court of Appeals Fifth Circuit. On July 6, 2023, Defendants also filed a motion to stay preliminary injunction pending appeal and, alternatively, for administrative stay. Plaintiffs opposed both forms of relief on July 9, 2023. The motion was denied by court on July 10, 2023.

On July 24, 2023, the court consolidated this case with case number 3:23-cv-00381 (“Kennedy v. Biden”). This order was issued upon the motion to consolidate of Plaintiffs in Kennedy v. Biden, which was not opposed by Plaintiffs Missouri and Louisiana, but only by individual Plaintiffs. Defendants had not opposed the motion to consolidate if standing of plaintiffs in Kennedy v. Biden was established. When granting the motion to consolidate, the court found that the issue of suppression of free speech by the government by coercing and/or significantly encouraging social media platforms is the same and both cases involve the exact same Defendants and are pending in the same district and division before the same judge.

On September 8, 2023, the U.S. Court of Appeals Fifth Circuit affirmed the district court’s order on preliminary injunction only with respect to White House, the Surgeon General, the CDC, and the FBI, it modified the injunction in part and reversed it as to all other Defendants/officials. It denied the Defendants’ motion for a stay pending appeal as moot, while it granted the Defendants’ request to extend the administrative stay for ten days pending an application to the Supreme Court of the United States.

On October 20, 2023, the Supreme Court stayed the injunction. Justice Alito, with whom Justice Thomas and Justice Gorsuch joined, dissented from granting the application to stay.

On June 26, 2024, the Supreme Court reversed the judgment of the Fifth Circuit and remanded the case for further proceedings. It found that neither the individuals nor the state Plaintiffs have established Article III standing to seek an injunction against any Defendant. In this regard, on the same day, the U.S. District Court Fifth Circuit vacated the judgment of the District Court and the preliminary injunction in their entirety and remanded the case for further proceedings.

In light of Supreme Court’s opinion, on August 27, 2024, the United States District Court Western District of Louisiana Monroe Division, ordered the parties to brief their respective positions on whether further jurisdictional discovery limited to the issue of standing could aid this court’s evaluation of its continuing jurisdiction over this case, or alternatively, whether dismissal is appropriate.

On September 10, 2024, the U.S. Court of Appeals Fifth Circuit ordered a temporary administrative stay until further order by the court.

On September 17, 2024, Plaintiffs filed a memorandum in support of further discovery and in opposition to dismissal of the complaint. They argued that the court should not dismiss this case but should provide for additional discovery to establish jurisdiction. Alternatively, or in addition, they claimed that the court should permit them to amend the Complaint to add members of the Disinformation Dozen as plaintiffs, refine their standing theories, and attest to ongoing harm.

On October 8, 2024, Defendants filed a supplemental brief arguing that – on the basis of the Supreme Court’s findings – the court lacks subject-matter jurisdiction to proceed further in this action because the Plaintiffs have not met their burden to establish Article III standing, and the proper course is to dismiss the action. They also argued that the court should further reject any additional jurisdictional or merits discovery and should deny Plaintiffs leave to amend their complaint.

On October 29, 2024, Plaintiffs replied to Defendants’ arguments by claiming – inter alia – that the Supreme Court’s determination on standing for a preliminary injunction does not warrant dismissal of the case, if Plaintiff's supplemental declarations do not suffice to verify their standing, they at least warrant additional discovery and that the Plaintiff should be allowed to to file a fourth amended complaint.

On November 5, 2024. Defendants filed their surreply, in which they argued that if the court does not strike new declarations of Plaintiffs, the court should reject the new declarations as insufficient to show Article III standing, and hence insufficient to avert dismissal of the action for lack of subject-matter jurisdiction.

The case is ongoing.

Summary Authors

Afrore Shaipi (1/3/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63290154/parties/missouri-v-biden/


Judge(s)
Attorney for Plaintiff

Brown, Zhonette M (Louisiana)

Burns, John C (Louisiana)

Capps, Charles F (Louisiana)

Attorney for Defendant
Expert/Monitor/Master/Other

Arabie, Brian Wade (Louisiana)

Barham, Travis Christopher (Louisiana)

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Documents in the Clearinghouse

Document
1

3:22-cv-01213

Complaint

May 5, 2022

May 5, 2022

Complaint
45

3:22-cv-01213

First Amended Complaint

Aug. 2, 2022

Aug. 2, 2022

Complaint
84

3:22-cv-01213

Second Amended Complaint

Oct. 6, 2022

Oct. 6, 2022

Complaint
227

3:22-cv-01213

Plaintiffs Motion for Leave to Amend Complaint to Add Class Allegations and For Class Certification

March 20, 2023

March 20, 2023

Pleading / Motion / Brief
224

3:22-cv-01213

Memorandum Ruling

March 20, 2023

March 20, 2023

Order/Opinion

662 F.Supp.3d 626

225

3:22-cv-01213

Order

March 20, 2023

March 20, 2023

Order/Opinion
234

3:22-cv-01213

Order

March 30, 2023

March 30, 2023

Order/Opinion
236

3:22-cv-01213

Motion to Consolidate

April 1, 2023

April 1, 2023

Pleading / Motion / Brief
240

3:22-cv-01213

Memorandum Order

April 5, 2023

April 5, 2023

Order/Opinion

2023 WL 4389074

268

3:22-cv-01213

Third Amended Complaint

May 5, 2023

May 5, 2023

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63290154/missouri-v-biden/

Last updated Jan. 30, 2025, 8:12 p.m.

ECF Number Description Date Link Date / Link

CASE Assigned to Judge Terry A Doughty and Magistrate Judge Kayla D McClusky. (crt,Thomas, T)

May 5, 2022

May 5, 2022

PACER
1

COMPLAINT against All Defendants (Filing fee $402, receipt number ALAWDC-5093842) filed by State of Louisiana, State of Missouri. (Attachments: # (1) Civil cover sheet)(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)

1 Civil cover sheet

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May 5, 2022

May 5, 2022

Clearinghouse
2

SUMMONS ISSUED as to U S Attorney, U S Attorney General, Joseph R Biden, Jr, Jennifer Rene Psaki, Vivek H. Murthy, Xavier Becerra, Dept of Health & Human Services, Dr. Anthony Fauci, National Institute of Allergy and Infectious Diseases, Centers for Disease Control & Prevention, Alejandro Mayorkas, Dept of Homeland Security, Jen Easterly, Jen Easterly, Nina Jankowicz. (crt,Thomas, T)

May 5, 2022

May 5, 2022

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SUMMONS ISSUED as to Cybersecurity & Infrastructure Security Agency. (crt,Thomas, T)

May 6, 2022

May 6, 2022

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4

SUMMONS REISSUED as to Joseph R Biden, Jr. (crt,Thomas, T)

May 27, 2022

May 27, 2022

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5

MOTION for D. John Sauer to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5124378) by State of Missouri. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 6/1/2022. (Attachments: # (1) Certificate of good standing, # (2) Proposed order)(aty,Murrill, Elizabeth)

1 Certificate of good standing

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2 Proposed order

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June 1, 2022

June 1, 2022

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6

MOTION for Michael Talent to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5124394) by State of Missouri. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 6/1/2022. (Attachments: # (1) Certificate of good standing, # (2) Proposed order)(aty,Murrill, Elizabeth)

1 Certificate of good standing

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2 Proposed order

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June 1, 2022

June 1, 2022

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7

ORDER granting [5] Motion to Appear Pro Hac Vice for appearance of D John Sauer for State of Missouri. Signed by Magistrate Judge Kayla D McClusky on 6/2/2022. (crt,Leday, A)

June 2, 2022

June 2, 2022

RECAP
8

ORDER granting [6] Motion to Appear Pro Hac Vice for appearance of Michael Talent for State of Missouri. Signed by Magistrate Judge Kayla D McClusky on 6/2/2022. (crt,Leday, A)

June 2, 2022

June 2, 2022

RECAP
9

AFFIDAVIT of Service for Summons and Complaint served on Joseph R. Biden, Jr., in his official capacity as President of the United States, et al. on May 10, 2022 and May 27, 2022, filed by State of Missouri. (Attachments: # (1) Exhibit 1)(aty,Sauer, Dean)

1 Exhibit 1

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June 3, 2022

June 3, 2022

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Motions Transferred regarding 11 MOTION for Leave to File Excess Pages . Motions referred to Judge Terry A Doughty. (crt,Thomas, T)

June 14, 2022

June 14, 2022

PACER
10

MOTION for Preliminary Injunction by State of Louisiana, State of Missouri. Motion Ripe Deadline set for 6/14/2022. (Attachments: # (1) Exhibit A-Decl. of Tammy Glenn, # (2) Exhibit B-Decl. of Mark Senger, # (3) Exhibit C-Decl. of Jay Bhattacharya, # (4) Exhibit D-Decl. of Martin Kulldorff, # (5) Exhibit E-Decl. of Jim Hoft, # (6) Exhibit F-Decl. of Patrick Flesch, # (7) Exhibit G-Decl. of Aaron Kheriaty, # (8) Exhibit H-Decl. of Jeff Allen, # (9) Exhibit I-Decl. of Mark Changizi, # (10) Exhibit J-Decl. of Daniel Kotzin, # (11) Exhibit K-Decl. of A.J. Kitchen, # (12) Exhibit L-Decl. of Jill Hines, # (13) Exhibit M-Decl. of Ashley Bosch, # (14) Exhibit N-Decl. of Joshua McCollum, # (15) Exhibit O-Decl. of Jessica Marie Gulmire)(Attorney Dean John Sauer added to party State of Louisiana(pty:pla))(aty,Sauer, Dean)

1 Exhibit A-Decl. of Tammy Glenn

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2 Exhibit B-Decl. of Mark Senger

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3 Exhibit C-Decl. of Jay Bhattacharya

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4 Exhibit D-Decl. of Martin Kulldorff

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5 Exhibit E-Decl. of Jim Hoft

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6 Exhibit F-Decl. of Patrick Flesch

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7 Exhibit G-Decl. of Aaron Kheriaty

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8 Exhibit H-Decl. of Jeff Allen

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9 Exhibit I-Decl. of Mark Changizi

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10 Exhibit J-Decl. of Daniel Kotzin

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11 Exhibit K-Decl. of A.J. Kitchen

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12 Exhibit L-Decl. of Jill Hines

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13 Exhibit M-Decl. of Ashley Bosch

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14 Exhibit N-Decl. of Joshua McCollum

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15 Exhibit O-Decl. of Jessica Marie Gulmire

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June 14, 2022

June 14, 2022

Clearinghouse
11

MOTION for Leave to File Excess Pages by State of Louisiana, State of Missouri. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 6/14/2022. (Attachments: # (1) Proposed Overlength Memorandum in Support of Motion for Preliminary Injunction)(Attorney Dean John Sauer added to party State of Louisiana(pty:pla))(aty,Sauer, Dean) Modified on 6/14/2022 (Thomas, T).

1 Proposed Overlength Memorandum in Support of Motion for Preli

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June 14, 2022

June 14, 2022

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12

MINUTE ENTRY: Defendants' Response as to [10] MOTION for Preliminary Injunction is due by 6/28/2022. Plaintiffs may file a reply no later than seven days thereafter. Signed by Judge Terry A Doughty on 6/14/2022. (crt,Crawford, A)

June 14, 2022

June 14, 2022

Clearinghouse
13

PROPOSED ORDER/JUDGMENT by State of Louisiana, State of Missouri re [11] Motion for Leave to File Excess Pages,. (aty,Sauer, Dean)

June 14, 2022

June 14, 2022

RECAP
14

ORDER granting [11] Motion for Leave to File Excess Pages. Signed by Judge Terry A Doughty on 6/15/2022. (crt,Crawford, A)

June 15, 2022

June 15, 2022

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15

MEMORANDUM in Support re [10] MOTION for Preliminary Injunction filed by State of Louisiana, State of Missouri. (crt,Crawford, A)

June 15, 2022

June 15, 2022

Clearinghouse
16

NOTICE of Appearance by Kyla Snow on behalf of Xavier Becerra, Joseph R Biden, Jr, Cybersecurity & Infrastructure Security Agency, Centers for Disease Control & Prevention, Jen Easterly, Anthony Fauci, Dept of Health & Human Services, Dept of Homeland Security, Nina Jankowicz, Alejandro Mayorkas, Vivek H Murthy, National Institute of Allergy & Infectious Diseases, Jennifer Rene Psaki (Attorney Kyla Snow added to party Xavier Becerra(pty:dft), Attorney Kyla Snow added to party Joseph R Biden, Jr(pty:dft), Attorney Kyla Snow added to party Cybersecurity & Infrastructure Security Agency(pty:dft), Attorney Kyla Snow added to party Centers for Disease Control & Prevention(pty:dft), Attorney Kyla Snow added to party Jen Easterly(pty:dft), Attorney Kyla Snow added to party Anthony Fauci(pty:dft), Attorney Kyla Snow added to party Dept of Health & Human Services(pty:dft), Attorney Kyla Snow added to party Dept of Homeland Security(pty:dft), Attorney Kyla Snow added to party Nina Jankowicz(pty:dft), Attorney Kyla Snow added to party Alejandro Mayorkas(pty:dft), Attorney Kyla Snow added to party Vivek H Murthy(pty:dft), Attorney Kyla Snow added to party National Institute of Allergy & Infectious Diseases(pty:dft), Attorney Kyla Snow added to party Jennifer Rene Psaki(pty:dft)) (aty,Snow, Kyla)

June 15, 2022

June 15, 2022

RECAP

Motions Transferred regarding 17 MOTION to Expedite Preliminary-Injunction-Related Discovery. Motions referred to Judge Terry A Doughty. (crt,Thomas, T)

June 17, 2022

June 17, 2022

PACER
17

MOTION to Expedite Preliminary-Injunction-Related Discovery by State of Louisiana, State of Missouri. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 6/17/2022. (Attorney Dean John Sauer added to party State of Louisiana(pty:pla))(aty,Sauer, Dean)

June 17, 2022

June 17, 2022

Clearinghouse
18

MEMORANDUM in Support re [17] MOTION to Expedite Preliminary-Injunction-Related Discovery filed by State of Louisiana, State of Missouri. (aty,Sauer, Dean)

June 17, 2022

June 17, 2022

Clearinghouse
19

MINUTE ENTRY continuing Defendants' deadline to file a response to the Motion for Preliminary Injunction until after resolution of the pending discovery motion. Signed by Judge Terry A Doughty on 6/21/2022. (crt,Crawford, A)

June 21, 2022

June 21, 2022

RECAP
20

PROPOSED ORDER/JUDGMENT by State of Louisiana, State of Missouri re [17] Motion to Expedite,. (aty,Sauer, Dean)

June 21, 2022

June 21, 2022

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Motions Transferred

June 21, 2022

June 21, 2022

PACER
21

MINUTE ENTRY: Defendants' Response as to [17] MOTION to Expedite Preliminary-Injunction-Related Discovery is due by 7/1/2022. Plaintiffs may file a reply no later than five days thereafter. Signed by Judge Terry A Doughty on 6/22/2022. (crt,Crawford, A)

June 22, 2022

June 22, 2022

RECAP
22

MOTION for Todd A. Scott to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5150235) by State of Missouri. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 6/23/2022. (Attachments: # (1) Certificate of good standing, # (2) Proposed order)(aty,Murrill, Elizabeth)

1 Certificate of good standing

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2 Proposed order

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June 23, 2022

June 23, 2022

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23

MOTION for Kenneth C. Capps to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5152223) by State of Missouri. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 6/24/2022. (Attachments: # (1) Certificate of good standing, # (2) Proposed order)(aty,Murrill, Elizabeth)

1 Certificate of good standing

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2 Proposed order

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June 24, 2022

June 24, 2022

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24

ORDER granting [22] Motion to Appear Pro Hac Vice for appearance of Todd A Scott for State of Missouri. Signed by Magistrate Judge Kayla D McClusky on 6/24/2022. (crt,Leday, A)

June 24, 2022

June 24, 2022

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25

ORDER granting [23] Motion to Appear Pro Hac Vice for appearance of Kenneth C Capps for State of Missouri. Signed by Magistrate Judge Kayla D McClusky on 6/27/2022. (crt,Leday, A)

June 27, 2022

June 27, 2022

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26

MEMORANDUM in Opposition re [17] MOTION to Expedite Preliminary-Injunction-Related Discovery filed by Xavier Becerra, Joseph R Biden, Jr, Cybersecurity & Infrastructure Security Agency, Centers for Disease Control & Prevention, Jen Easterly, Anthony Fauci, Dept of Health & Human Services, Dept of Homeland Security, Nina Jankowicz, Alejandro Mayorkas, Vivek H Murthy, National Institute of Allergy & Infectious Diseases, Jennifer Rene Psaki. (aty,Cholera, Kuntal)

July 1, 2022

July 1, 2022

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27

NOTICE of Appearance by Kuntal Cholera on behalf of Xavier Becerra, Joseph R Biden, Jr, Cybersecurity & Infrastructure Security Agency, Centers for Disease Control & Prevention, Jen Easterly, Anthony Fauci, Dept of Health & Human Services, Dept of Homeland Security, Nina Jankowicz, Alejandro Mayorkas, Vivek H Murthy, National Institute of Allergy & Infectious Diseases, Jennifer Rene Psaki (Attorney Kuntal Cholera added to party Xavier Becerra(pty:dft), Attorney Kuntal Cholera added to party Joseph R Biden, Jr(pty:dft), Attorney Kuntal Cholera added to party Cybersecurity & Infrastructure Security Agency(pty:dft), Attorney Kuntal Cholera added to party Centers for Disease Control & Prevention(pty:dft), Attorney Kuntal Cholera added to party Jen Easterly(pty:dft), Attorney Kuntal Cholera added to party Anthony Fauci(pty:dft), Attorney Kuntal Cholera added to party Dept of Health & Human Services(pty:dft), Attorney Kuntal Cholera added to party Dept of Homeland Security(pty:dft), Attorney Kuntal Cholera added to party Nina Jankowicz(pty:dft), Attorney Kuntal Cholera added to party Alejandro Mayorkas(pty:dft), Attorney Kuntal Cholera added to party Vivek H Murthy(pty:dft), Attorney Kuntal Cholera added to party National Institute of Allergy & Infectious Diseases(pty:dft), Attorney Kuntal Cholera added to party Jennifer Rene Psaki(pty:dft)) (aty,Cholera, Kuntal) (Main Document 27 modified to nonfillable form and replaced on 7/1/2022) (Thomas, T).

July 1, 2022

July 1, 2022

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Motions Transferred regarding 28 Consent MOTION for Leave to File Excess Pages for their Reply Memorandum in Support of Their Motion for Expedited Preliminary-Injunction-Related Discovery. Motions referred to Judge Terry A Doughty. (crt,Taylor, L)

July 6, 2022

July 6, 2022

PACER
28

Consent MOTION for Leave to File Excess Pages for their Reply Memorandum in Support of Their Motion for Expedited Preliminary-Injunction-Related Discovery by State of Louisiana, State of Missouri. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 7/6/2022. (Attachments: # (1) Memorandum / Brief Plaintiffs Reply Memorandum in Support of Their Motion for Expedited Preliminary Injunction-Related Discovery, # (2) Proposed order Proposed Order)(aty,Sauer, Dean)

1 Memorandum / Brief Plaintiffs Reply Memorandum in Support of Their Motion for Ex

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2 Proposed order Proposed Order

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July 6, 2022

July 6, 2022

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ORDER granting [28] Motion for Leave to File Excess Pages. Signed by Judge Terry A Doughty on 7/7/2022. (crt,Crawford, A)

July 7, 2022

July 7, 2022

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30

REPLY to Response to [17] MOTION to Expedite Preliminary-Injunction-Related Discovery, filed by State of Louisiana, State of Missouri. (crt,Crawford, A)

July 7, 2022

July 7, 2022

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Motions Transferred

July 7, 2022

July 7, 2022

PACER
31

Consent MOTION for Leave to File Excess Pages by Xavier Becerra, Joseph R Biden, Jr, Cybersecurity & Infrastructure Security Agency, Centers for Disease Control & Prevention, Jen Easterly, Anthony Fauci, Dept of Health & Human Services, Dept of Homeland Security, Nina Jankowicz, Alejandro Mayorkas, Vivek H Murthy, National Institute of Allergy & Infectious Diseases, Jennifer Rene Psaki. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 7/8/2022. (Attachments: # (1) Proposed order)(aty,Snow, Kyla)

1 Proposed order

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July 8, 2022

July 8, 2022

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ORDER granting [31] Motion for Leave to File Brief in Excess of Page Limitation. Signed by Magistrate Judge Kayla D McClusky on 7/11/2022. (crt,Crawford, A)

July 11, 2022

July 11, 2022

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NOTICE of Appearance by Indraneel Sur on behalf of Xavier Becerra, Joseph R Biden, Jr, Cybersecurity & Infrastructure Security Agency, Centers for Disease Control & Prevention, Jen Easterly, Anthony Fauci, Dept of Health & Human Services, Dept of Homeland Security, Nina Jankowicz, Alejandro Mayorkas, Vivek H Murthy, National Institute of Allergy & Infectious Diseases, Jennifer Rene Psaki (Attorney Indraneel Sur added to party Joseph R Biden, Jr(pty:dft)) (aty,Sur, Indraneel) Modified to add filers on 7/12/2022 (Thomas, T).

July 12, 2022

July 12, 2022

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34

MEMORANDUM RULING AND ORDER granting [17] Motion to Expedite Preliminary Injunction-Related Discovery. Signed by Judge Terry A Doughty on 7/12/2022. (crt,Crawford, A)

July 12, 2022

July 12, 2022

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35

MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Complaint, MOTION to Dismiss For Failure to State a Claim Plaintiffs' Complaint by Xavier Becerra, Joseph R Biden, Jr, Cybersecurity & Infrastructure Security Agency, Centers for Disease Control & Prevention, Jen Easterly, Anthony Fauci, Dept of Health & Human Services, Dept of Homeland Security, Nina Jankowicz, Alejandro Mayorkas, Vivek H Murthy, National Institute of Allergy & Infectious Diseases, Jennifer Rene Psaki. Motions referred to Kayla D McClusky. (Attachments: # (1) Memorandum / Brief, # (2) Proposed order)(aty,Snow, Kyla)

1 Memorandum / Brief

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2 Proposed order

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July 12, 2022

July 12, 2022

Clearinghouse
36

NOTICE of Motion Setting regarding: [35] MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss For Failure to State a Claim. Motions referred to Magistrate Judge Kayla D McClusky. Responses due by 8/3/2022. (crt,Thomas, T)

July 13, 2022

July 13, 2022

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NOTICE of Compliance with the Court's July 12, 2022 Order by State of Louisiana, State of Missouri (aty,Sauer, Dean)

July 19, 2022

July 19, 2022

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38

MOTION to Intervene by Judson Witham. Motions referred to Magistrate Judge Kayla D McClusky. Motion Ripe Deadline set for 7/25/2022. (Attachments: # (1) Copy of Intervention, # (2) Envelope)(crt,Bunting, M)

1 Copy of Intervention

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2 Envelope

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July 25, 2022

July 25, 2022

RECAP

Motions Transferred regarding 38 MOTION to Intervene. Motions referred to Judge Terry A Doughty. (crt,Bunting, M)

July 28, 2022

July 28, 2022

PACER
39

MOTION to Intervene by Kimberly D Hogan. Motions referred to Magistrate Judge Kayla D McClusky. Motion Ripe Deadline set for 7/28/2022. (Attachments: # (1) Exhibit A-H, # (2) Exhibit, # (3) Certificate, # (4) Civil cover sheet, # (5) Envelope)(crt,Bunting, M) (Additional attachment(s) added on 7/29/2022: # (6) Exhibit) (Bunting, M).

1 Exhibit A-H

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2 Exhibit

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3 Certificate

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4 Civil cover sheet

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5 Envelope

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6 Exhibit

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July 28, 2022

July 28, 2022

RECAP
40

MOTION to Intervene by Mike Webb. Motions referred to Magistrate Judge Kayla D McClusky. Motion Ripe Deadline set for 7/28/2022. (crt,Bunting, M)

July 28, 2022

July 28, 2022

RECAP

Motions Transferred regarding 39 MOTION to Intervene, 40 MOTION to Intervene. Motions referred to Judge Terry A Doughty. (crt,Bunting, M)

July 29, 2022

July 29, 2022

PACER
41

Consent MOTION for Extension of Time to File Response/Reply re [35] MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Complaint, MOTION to Dismiss For Failure to State a Claim with consent < by State of Louisiana, State of Missouri. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 7/29/2022. (Attachments: # (1) Proposed order)(aty,Sauer, Dean) Modified to add docket entry relationship and edit docket text on 8/1/2022 (Thomas, T).

1 Proposed order

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July 29, 2022

July 29, 2022

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42

MEMORANDUM ORDER denying [38] Motion to Intervene. Signed by Judge Terry A Doughty on 7/29/2022. (crt,Crawford, A)

July 29, 2022

July 29, 2022

RECAP
43

MEMORANDUM ORDER denying [39] and [40] Motions to Intervene. Signed by Judge Terry A Doughty on 8/1/2022. (crt,Crawford, A)

Aug. 1, 2022

Aug. 1, 2022

RECAP

Per 44 Order - Set Deadlines as to 35 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Complaint, MOTION to Dismiss For Failure to State a Claim Plaintiffs' Complaint. Replies due by 8/20/2022. (crt,Leday, A)

Aug. 2, 2022

Aug. 2, 2022

PACER
44

ORDER granting [41] Motion for Extension of Time to File Response/Reply re [35] MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Complaint, MOTION to Dismiss For Failure to State a Claim. Responses due by 8/12/2022. Signed by Magistrate Judge Kayla D McClusky on 8/2/2022. (crt,Leday, A) Modified on 8/2/2022 to add Reply date of 8/20/22 for same (Leday, A).

Aug. 2, 2022

Aug. 2, 2022

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45

AMENDED COMPLAINT against Xavier Becerra, Joseph R Biden, Jr, Cybersecurity & Infrastructure Security Agency, Centers for Disease Control & Prevention, Jen Easterly, Anthony Fauci, Dept of Health & Human Services, Dept of Homeland Security, Nina Jankowicz, Alejandro Mayorkas, Vivek H Murthy, National Institute of Allergy & Infectious Diseases, Karine Jean-Pierre, Carol Crawford, Jennifer Shopkorn, United States Census Bureau, U.S. Department of Commerce, Robert Silvers, Samantha Vinograd, Gina McCarthy filed by State of Louisiana, State of Missouri, Aaron Kheriaty, Martin Kulldorff, Jim Hoft, Jayanta Bhattacharya, Jill Hines. (Attachments: # (1) Exhibit A - CDC Emails, # (2) Exhibit B - Decl. of Mark Senger, # (3) Exhibit C- Decl. of Jay Bhattacharya, # (4) Exhibit D - Decl. of Martin Kulldorff, # (5) Exhibit E - Decl. of Jim Hoft, # (6) Exhibit F - Decl. of Patrick Flesch, # (7) Exhibit G - Decl. of Aaron Kheriaty, # (8) Exhibit H - Decl. of Jeff Allen, # (9) Exhibit I - Decl. of Mark Changizi, # (10) Exhibit J - Decl. of Daniel Kotzin, # (11) Exhibit K - Decl. of A.J. Kitchen, # (12) Exhibit L - Decl. of Jill Hines, # (13) Exhibit M - Decl. of Ashley Bosch, # (14) Exhibit N - Decl. of Joshua McCollum, # (15) Exhibit O - Decl. of Jessica Marie Gulmire)(Attorney Dean John Sauer added to party Jayanta Bhattacharya(pty:pla), Attorney Dean John Sauer added to party Jill Hines(pty:pla), Attorney Dean John Sauer added to party Jim Hoft(pty:pla), Attorney Dean John Sauer added to party Aaron Kheriaty(pty:pla), Attorney Dean John Sauer added to party Martin Kulldorff(pty:pla))(aty,Sauer, Dean)

1 Exhibit A - CDC Emails

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2 Exhibit B - Decl. of Mark Senger

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3 Exhibit C- Decl. of Jay Bhattacharya

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4 Exhibit D - Decl. of Martin Kulldorff

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5 Exhibit E - Decl. of Jim Hoft

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6 Exhibit F - Decl. of Patrick Flesch

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7 Exhibit G - Decl. of Aaron Kheriaty

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8 Exhibit H - Decl. of Jeff Allen

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9 Exhibit I - Decl. of Mark Changizi

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10 Exhibit J - Decl. of Daniel Kotzin

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11 Exhibit K - Decl. of A.J. Kitchen

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12 Exhibit L - Decl. of Jill Hines

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13 Exhibit M - Decl. of Ashley Bosch

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14 Exhibit N - Decl. of Joshua McCollum

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15 Exhibit O - Decl. of Jessica Marie Gulmire

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Aug. 2, 2022

Aug. 2, 2022

Clearinghouse
46

SUMMONS ISSUED as to U S Attorney, U S Attorney General, Karine Jean-Pierre, Carol Crawford, Jennifer Shopkorn, United States Census Bureau, U S Dept of Commerce, Robert Silvers, Samantha Vinograd, Gina McCarthy. (crt,Thomas, T)

Aug. 2, 2022

Aug. 2, 2022

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47

NOTICE of Joinder in Previously Filed Motion for Preliminary Injunction by State of Louisiana, State of Missouri (aty,Sauer, Dean)

Aug. 2, 2022

Aug. 2, 2022

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48

MOTION for Jenin Younes to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5201495) by Jayanta Bhattacharya, Jill Hines, Aaron Kheriaty, Martin Kulldorff. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 8/3/2022. (Attachments: # (1) Certificate of good standing, # (2) Proposed order)(aty,Murrill, Elizabeth) Modified filers on 8/3/2022 (Miletello, A).

1 Certificate of good standing

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2 Proposed order

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Aug. 3, 2022

Aug. 3, 2022

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49

CORRECTIVE DOCUMENT entitled Proposed Order filed by Jayanta Bhattacharya, Jill Hines, Aaron Kheriaty, Martin Kulldorff regarding [48] MOTION for Jenin Younes to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5201495) . (aty,Murrill, Elizabeth)

Aug. 3, 2022

Aug. 3, 2022

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50

DEFICIENT NOTICE by State of Missouri of Proof of Service of First Amended Complaint (aty,Sauer, Dean) Modified to reflect deficiency on 8/4/2022 (Thomas, T).

Aug. 4, 2022

Aug. 4, 2022

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51

NOTICE of Deficiency to Dean John Sauer on behalf of State of Missouri regarding [50] Notice (Other). Reason: For attorneys admitted pro hac vice, signature or endorsement of local counsel is required. Please refer to LR83.2.6 for more specific requirements. (crt,Thomas, T)

Aug. 4, 2022

Aug. 4, 2022

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52

NOTICE by State of Louisiana, State of Missouri of Corrected Proof of Service of First Amended Complaint (aty,Sauer, Dean)

Aug. 4, 2022

Aug. 4, 2022

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53

NOTICE of Withdrawal of Motion to Dismiss by Xavier Becerra, Joseph R Biden, Jr, Cybersecurity & Infrastructure Security Agency, Centers for Disease Control & Prevention, Jen Easterly, Anthony Fauci, Dept of Health & Human Services, Dept of Homeland Security, Nina Jankowicz, Alejandro Mayorkas, Vivek H Murthy, National Institute of Allergy & Infectious Diseases, Jennifer Rene Psaki (aty,Snow, Kyla)

Aug. 8, 2022

Aug. 8, 2022

Clearinghouse
54

MOTION for Extension of Time to File Answer with consent by Xavier Becerra, Joseph R Biden, Jr, U S Census Bureau, U S Dept of Commerce, Carol Crawford, Cybersecurity & Infrastructure Security Agency, Centers for Disease Control & Prevention, Jen Easterly, Anthony Fauci, Dept of Health & Human Services, Dept of Homeland Security, Nina Jankowicz, Karine Jean-Pierre, Alejandro Mayorkas, Gina McCarthy, Vivek H Murthy, National Institute of Allergy & Infectious Diseases, Jennifer Rene Psaki, Jennifer Shopkorn, Robert Silvers, Samantha Vinograd. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 8/8/2022. (Attachments: # (1) Proposed order)(Attorney Kyla Snow added to party U S Census Bureau(pty:dft), Attorney Kyla Snow added to party U S Dept of Commerce(pty:dft), Attorney Kyla Snow added to party Carol Crawford(pty:dft), Attorney Kyla Snow added to party Karine Jean-Pierre(pty:dft), Attorney Kyla Snow added to party Gina McCarthy(pty:dft), Attorney Kyla Snow added to party Jennifer Shopkorn(pty:dft), Attorney Kyla Snow added to party Robert Silvers(pty:dft), Attorney Kyla Snow added to party Samantha Vinograd(pty:dft))(aty,Snow, Kyla) Modified docket text on 8/8/2022 (Whitener, M).

1 Proposed order

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Aug. 8, 2022

Aug. 8, 2022

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55

ORDER granting [48] Motion to Appear Pro Hac Vice for appearance of Jenin Younes for Jayanta Bhattacharya, Jill Hines, Aaron Kheriaty, Martin Kulldorff. Signed by Magistrate Judge Kayla D McClusky on 8/8/2022. (crt,Leday, A)

Aug. 8, 2022

Aug. 8, 2022

RECAP
57

MOTION for Reconsideration re [42] Order on Motion to Intervene by Judson Witham. Motions referred to Magistrate Judge Kayla D McClusky. (Attachments: # (1) Envelope)(crt,Whitener, M)

1 Envelope

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Aug. 8, 2022

Aug. 8, 2022

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56

ORDER granting [54] Motion for Extension of Time to Answer re [45] Amended Complaint. Xavier Becerra answer due 8/30/2022; Joseph R Biden, Jr answer due 8/30/2022; U S Census Bureau answer due 8/30/2022; U S Dept of Commerce answer due 8/30/2022; Carol Crawford answer due 8/30/2022; Cybersecurity & Infrastructure Security Agency answer due 8/30/2022; Centers for Disease Control & Prevention answer due 8/30/2022; Jen Easterly answer due 8/30/2022; Anthony Fauci answer due 8/30/2022; Dept of Health & Human Services answer due 8/30/2022; Dept of Homeland Security answer due 8/30/2022; Nina Jankowicz answer due 8/30/2022; Karine Jean-Pierre answer due 8/30/2022; Alejandro Mayorkas answer due 8/30/2022; Gina McCarthy answer due 8/30/2022; Vivek H Murthy answer due 8/30/2022; National Institute of Allergy & Infectious Diseases answer due 8/30/2022; Jennifer Rene Psaki answer due 8/30/2022; Jennifer Shopkorn answer due 8/30/2022; Robert Silvers answer due 8/30/2022; Samantha Vinograd answer due 8/30/2022. Signed by Magistrate Judge Kayla D McClusky on 8/9/2022. (crt,Whitener, M)

Aug. 9, 2022

Aug. 9, 2022

RECAP
58

NOTICE of Motion Setting regarding: [57] MOTION for Reconsideration re [42] Order on Motion to Intervene. Motions referred to Judge Terry A Doughty. Responses due by 9/1/2022 (crt,Whitener, M)

Aug. 11, 2022

Aug. 11, 2022

RECAP
61

ADDENDUM AND NOTICE by Judson Witham. (Attachments: # (1) Envelope)(crt,Thomas, T)

1 Envelope

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Aug. 11, 2022

Aug. 11, 2022

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59

MOTION for John J. Vecchione to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5212768) by Jayanta Bhattacharya, Jill Hines, Aaron Kheriaty, Martin Kulldorff. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 8/12/2022. (Attachments: # (1) Certificate of good standing, # (2) Proposed order)(aty,Murrill, Elizabeth)

1 Certificate of good standing

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2 Proposed order

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Aug. 12, 2022

Aug. 12, 2022

RECAP
60

ORDER denying [57] Motion for Reconsideration re [42] Order on Motion to Intervene filed by Judson Witham. Signed by Judge Terry A Doughty on 8/12/2022. (crt,Crawford, A)

Aug. 12, 2022

Aug. 12, 2022

RECAP
62

ORDER granting [59] Motion to Appear Pro Hac Vice for appearance of John J Vecchione for Jayanta Bhattacharya, Jill Hines, Aaron Kheriaty, Martin Kulldorff. Signed by Magistrate Judge Kayla D McClusky on 8/15/2022. (crt,Leday, A)

Aug. 15, 2022

Aug. 15, 2022

RECAP
63

NOTICE OF APPEAL as to [43] Order on Motion to Intervene, by Mike Webb, pro se. FEE STATUS: NOT PAID (Attachments: # (1) 5th Circuit Transmittal Letter)(crt,WalkerSld, B)

1 5th Circuit Transmittal Letter

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Aug. 16, 2022

Aug. 16, 2022

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65

AMENDED NOTICE OF APPEAL as to [43] Order on Motion to Intervene, by Mike Webb, pro se. (Attachments: # (1) Envelope)(crt,WalkerSld, B) (Main Document 65 and Attachment 1 replaced on 8/17/2022) (WalkerSld, B).

1 Envelope

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Aug. 16, 2022

Aug. 16, 2022

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66

AMENDED NOTICE OF APPEAL as to [43] Order on Motion to Intervene, by Mike Webb, pro se. (Attachments: # (1) Envelope)(crt,WalkerSld, B) (Main Document 66 replaced and Attachment 1 replaced on 8/17/2022) (WalkerSld, B).

1 Envelope

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Aug. 16, 2022

Aug. 16, 2022

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64

FEE LETTER requesting payment of appeal filing fee sent to Mike Webb re [63] Notice of Appeal. (Attachments: # (1) Application to Proceed In Forma Pauperis)(crt,WalkerSld, B)

1 Application to Proceed In Forma Pauperis

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Aug. 17, 2022

Aug. 17, 2022

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USCA Case Number 22-30531 for 63 Notice of Appeal, 65 Amended Notice of Appeal and 66 Amended Notice of Appeal filed by Mike Webb. (crt,WalkerSld, B)

Aug. 19, 2022

Aug. 19, 2022

PACER
67

Consent MOTION for Extension of Time to File Answer with consent by Xavier Becerra, Joseph R Biden, Jr, U S Census Bureau, U S Dept of Commerce, Carol Crawford, Cybersecurity & Infrastructure Security Agency, Centers for Disease Control & Prevention, Jen Easterly, Anthony Fauci, Dept of Health & Human Services, Dept of Homeland Security, Nina Jankowicz, Karine Jean-Pierre, Alejandro Mayorkas, Gina McCarthy, Vivek H Murthy, National Institute of Allergy & Infectious Diseases, Jennifer Rene Psaki, Jennifer Shopkorn, Robert Silvers, Samantha Vinograd. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 8/23/2022. (Attachments: # (1) Proposed order)(aty,Snow, Kyla)

1 Proposed order

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Aug. 23, 2022

Aug. 23, 2022

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Motions Transferred regarding 68 Joint MOTION for Extension of Time to File Joint Statement with consent . Motions referred to Judge Terry A Doughty. (crt,Thomas, T)

Aug. 26, 2022

Aug. 26, 2022

PACER
68

Joint MOTION for Extension of Time to File Joint Statement with consent by Xavier Becerra, Joseph R Biden, Jr, U S Census Bureau, U S Dept of Commerce, Carol Crawford, Cybersecurity & Infrastructure Security Agency, Centers for Disease Control & Prevention, Jen Easterly, Anthony Fauci, Dept of Health & Human Services, Dept of Homeland Security, Nina Jankowicz, Karine Jean-Pierre, Alejandro Mayorkas, Gina McCarthy, Vivek H Murthy, National Institute of Allergy & Infectious Diseases, Jennifer Rene Psaki, Jennifer Shopkorn, Robert Silvers, All Plaintiffs, Samantha Vinograd. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 8/26/2022. (Attachments: # (1) Proposed order)(aty,Snow, Kyla) Modified to add filers on 8/26/2022 (Thomas, T).

1 Proposed order

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Aug. 26, 2022

Aug. 26, 2022

RECAP
69

ORDER granting [67] Motion for Extension of Time to Answer [45] Amended Complaint. Xavier Becerra answer due 9/13/2022; Joseph R Biden, Jr answer due 9/13/2022; U S Census Bureau answer due 9/13/2022; U S Dept of Commerce answer due 9/13/2022; Carol Crawford answer due 9/13/2022; Cybersecurity & Infrastructure Security Agency answer due 9/13/2022; Centers for Disease Control & Prevention answer due 9/13/2022; Jen Easterly answer due 9/13/2022; Anthony Fauci answer due 9/13/2022; Dept of Health & Human Services answer due 9/13/2022; Dept of Homeland Security answer due 9/13/2022; Nina Jankowicz answer due 9/13/2022; Karine Jean-Pierre answer due 9/13/2022; Alejandro Mayorkas answer due 9/13/2022; Gina McCarthy answer due 9/13/2022; Vivek H Murthy answer due 9/13/2022; National Institute of Allergy & Infectious Diseases answer due 9/13/2022; Jennifer Shopkorn answer due 9/13/2022; Robert Silvers answer due 9/13/2022; Samantha Vinograd answer due 9/13/2022. Signed by Magistrate Judge Kayla D McClusky on 8/26/2022. (crt,Leday, A)

Aug. 26, 2022

Aug. 26, 2022

RECAP
70

ORDER granting [68] Motion for Extension. The parties' Joint Statement shall be filed by 3:00 pm on 8/31/22. Signed by Judge Terry A Doughty on 8/29/2022. (crt,Crawford, A)

Aug. 29, 2022

Aug. 29, 2022

RECAP
71

JOINT STATEMENT on Discovery Disputes by All Parties (Attachments: # (1) Exhibit Ex. 1 Defendants Interrogatory Responses, # (2) Exhibit Ex. 2 Census-Treasury-State, # (3) Exhibit Ex. 3 White House, # (4) Exhibit Ex. 4 Facebook Executive, # (5) Exhibit Ex. 5 Text Messages, # (6) Exhibit Ex. 6 BOLO, # (7) Exhibit Ex. 7 Approval of Debunks, # (8) Exhibit Ex. 8 CISA and Flagging, # (9) Exhibit Ex. 9 Reporting Channels, # (10) Exhibit Ex. 10 KJP RFP Responses, # (11) Exhibit Ex. 11 Fauci RFP Responses, # (12) Exhibit Ex. 12 Aug 27 Email from DOJ, # (13) Exhibit Ex. 13 HHS RFP Responses)(aty,Sauer, Dean) Modified on 8/31/2022 to add filers and modify docket text (Miletello, A).

1 Exhibit Ex. 1 Defendants Interrogatory Responses

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2 Exhibit Ex. 2 Census-Treasury-State

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3 Exhibit Ex. 3 White House

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4 Exhibit Ex. 4 Facebook Executive

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5 Exhibit Ex. 5 Text Messages

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6 Exhibit Ex. 6 BOLO

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7 Exhibit Ex. 7 Approval of Debunks

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8 Exhibit Ex. 8 CISA and Flagging

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9 Exhibit Ex. 9 Reporting Channels

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10 Exhibit Ex. 10 KJP RFP Responses

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11 Exhibit Ex. 11 Fauci RFP Responses

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12 Exhibit Ex. 12 Aug 27 Email from DOJ

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13 Exhibit Ex. 13 HHS RFP Responses

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Aug. 31, 2022

Aug. 31, 2022

RECAP
72

MEMORANDUM RULING re [71] Joint Statement on Discovery Disputes. The discovery disputes contained in the Joint Statement herein are granted in part and denied in part. Any additional discovery ordered herein shall be provided within 21 days from the date of this order. It Is Further Ordered that within ten days after the production of any objected-to responses, Plaintiffs shall notify Defendants of any depositions they wish to take. It Is Further Ordered that Plaintiffs and Defendants continue to adhere to the remaining schedule for expedited discovery. Signed by Judge Terry A Doughty on 9/6/2022. (crt,Crawford, A)

Sept. 6, 2022

Sept. 6, 2022

RECAP
73

Unopposed MOTION to Stay Response Deadlines for Plaintiffs First Amended Complaint and Anticipated Second Amended Complaint by Xavier Becerra, Joseph R Biden, Jr, U S Census Bureau, U S Dept of Commerce, Carol Crawford, Cybersecurity & Infrastructure Security Agency, Centers for Disease Control & Prevention, Jen Easterly, Anthony Fauci, Dept of Health & Human Services, Dept of Homeland Security, Nina Jankowicz, Karine Jean-Pierre, Alejandro Mayorkas, Gina McCarthy, Vivek H Murthy, National Institute of Allergy & Infectious Diseases, Jennifer Rene Psaki, Jennifer Shopkorn, Robert Silvers, Samantha Vinograd. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 9/7/2022. (aty,Cholera, Kuntal)

Sept. 7, 2022

Sept. 7, 2022

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74

ORDER granting [73] Motion to Stay Answer Deadlines. Defendants deadline to respond to the First Amended Complaint is STAYED. Defendants' deadline to respond to Plaintiffs forthcoming Second Amended Complaint is also STAYED. The parties shall file, within fourteen days of the filing of the Second AmendedComplaint, a joint status report proposing a schedule for motion to dismiss briefing with respect to the Second Amended Complaint. Signed by Magistrate Judge Kayla D McClusky on 9/12/2022. (crt,Miletello, A)

Sept. 12, 2022

Sept. 12, 2022

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75

MOTION to Proceed In Forma Pauperis on Appeal by Mike Webb. Motion Ripe Deadline set for 9/12/2022. (Attachments: # (1) Exhibit, # (2) Envelope)(crt,WalkerSld, B) (Additional attachment(s) added on 9/13/2022: # (3) Proposed Order) (WalkerSld, B).

1 Exhibit

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2 Envelope

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3 Proposed Order

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Sept. 12, 2022

Sept. 12, 2022

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76

MOTION for Divulgence of Judicial Conflicts of Interests by Judson Witham. Motions referred to Magistrate Judge Kayla D McClusky. Motion Ripe Deadline set for 9/12/2022. (Attachments: # (1) Envelope)(crt,Thomas, T)

1 Envelope

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Sept. 12, 2022

Sept. 12, 2022

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Motions Transferred regarding 75 MOTION to Proceed In Forma Pauperis on Appeal. Motions referred to Judge Terry A Doughty. (crt,WalkerSld, B)

Sept. 13, 2022

Sept. 13, 2022

PACER
77

ORDER granting [75] Motion for Leave to Appeal in forma pauperis. Signed by Judge Terry A Doughty on 9/13/2022. (crt,Crawford, A)

Sept. 13, 2022

Sept. 13, 2022

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78

ORDER denying [76] Motion for Divulgence of Judicial Conflicts of Interests. Signed by Judge Terry A Doughty on 9/14/2022. (crt,Crawford, A)

Sept. 14, 2022

Sept. 14, 2022

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Motions Transferred regarding 80 MOTION for Demand of Equal Treatment and to Stop Discrimination MOTION for Recusal. Motions referred to Judge Terry A Doughty. (crt,Thomas, T)

Sept. 15, 2022

Sept. 15, 2022

PACER
79

MOTION for Demand of Equal Treatment and Equity by Judson Witham. Motions referred to Magistrate Judge Kayla D McClusky. Motion Ripe Deadline set for 9/15/2022. (Attachments: # (1) Envelope)(crt,Thomas, T)

1 Envelope

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Sept. 15, 2022

Sept. 15, 2022

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80

MOTION for Demand of Equal Treatment and to Stop Discrimination, MOTION for Recusal (Motion Ripe Deadline set for 9/15/2022.) by Judson Witham. Motions referred to Magistrate Judge Kayla D McClusky. (Attachments: # (1) Envelope)(crt,Thomas, T)

1 Envelope

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Sept. 15, 2022

Sept. 15, 2022

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81

ELECTRONIC ORDER mooting [79] Motion. The information the movant seeks is already part of the public record. Signed by Magistrate Judge Kayla D McClusky on 9/16/2022. (jud,McClusky, Kayla)

Sept. 16, 2022

Sept. 16, 2022

PACER

ELECTRONIC ORDER mooting 79 Motion. The information the movant seeks is already part of the public record. Signed by Magistrate Judge Kayla D McClusky on 9/16/2022. (jud,McClusky, Kayla)

Sept. 16, 2022

Sept. 16, 2022

PACER
82

ORDER denying [80] Motion for Demand of Equal Treatment and to Stop Discrimination; denying [80] Motion for Recusal. Signed by Judge Terry A Doughty on 9/16/2022. (crt,Crawford, A)

Sept. 16, 2022

Sept. 16, 2022

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Order on Motion for Miscellaneous Relief

Sept. 16, 2022

Sept. 16, 2022

PACER
83

NOTICE of Claims and Liens upon Judgment by Judson Witham (Attachments: # (1) Envelope)(crt,Miletello, A)

1 Envelope

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Sept. 22, 2022

Sept. 22, 2022

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ELECTRONICALLY CERTIFIED Record on Appeal to US Court of Appeals re 63 Notice of Appeal, 65 Amended Notice of Appeal and 66 Amended Notice of Appeal is now available to Appellate Counsel via the 5th Circuit Court of Appeals website. See Instructions for Access and Use of the Electronic Record Download Feature of CM/ECF by clicking here. (USCA #22-30531) If you do not have access to the Electronic Download Feature of CM/ECF, please submit your request for the certified record on appeal to the District Court. (crt,WalkerSld, B)

Sept. 30, 2022

Sept. 30, 2022

PACER

Appeal Record Certified to USCA

Oct. 3, 2022

Oct. 3, 2022

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: May 5, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Missouri, Louisiana, and five private persons.

Plaintiff Type(s):

Private Plaintiff

State Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Department of Health and Human Service (District of Columbia), Federal

United States Census Bureau (District of Columbia), Federal

Department of Homeland Security (District of Columbia), Federal

Federal Bureau of Investigation (District of Columbia), Federal

U.S. Food and Drug Administration (District of Columbia), Federal

U.S. Election Assistance Commission (District of Columbia), Federal

White House Press Secretary (District of Columbia), Federal

National Institute of Allergy and Infectious Diseases (District of Columbia), Federal

U.S. Department of Commerce (District of Columbia), None

Cybersecurity and Infrastructure Security Agency (District of Columbia), Federal

Foreign Influence Task Force (District of Columbia), Federal

U.S. Department of State (District of Columbia), Federal

Joseph Biden (District of Columbia), Federal

Surgeon General of the United States (District of Columbia), Federal

Centers for Disease Control and Prevention (District of Columbia), Federal

U.S. Department of Commerce (District of Columbia), Federal

U.S. Department of Justice (District of Columbia), Federal

U.S. Food and Drug Administration (District of Columbia), None

U.S. Department of the Treasury (District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Other