Case: United States v. Citizens for a Pro-Life Society, Inc.

Complaint with jury demand against All Defendants. Filing fee exempt. Filed by United States of America. (Attachments: # 1 Civil Cover Sheet, # 2 Summons - Audrey Whipple, # 3 Summons - Citizens for a Pro Life Society, Inc., # 4 Summons - Clara McDonald, # 5 Summons - Jay Smith, # 6 Summons - Laura Gies, # 7 Summons - Lauren Handy, # 8 Summons - Monica Miller, # 9 Summons - Christopher Moscinski, # 10 Summons - Red Rose Rescue) (Deucher, Elizabeth) (Entered: 05/20/2024)

1 Civil Cover Sheet

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2 Summons - Audrey Whipple

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3 Summons - Citizens for a Pro Life Society, Inc.

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4 Summons - Clara McDonald

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5 Summons - Jay Smith

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6 Summons - Laura Gies

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7 Summons - Lauren Handy

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8 Summons - Monica Miller

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9 Summons - Christopher Moscinski

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10 Summons - Red Rose Rescue

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Original Summons and Magistrate Consent Form issued to counsel for service upon All Defendants. (Attachments: # 1 Magistrate Consent Form) (R,AP) (Entered: 05/20/2024)

1 Magistrate Consent Form

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Utility Event

Judge Christopher A. Boyko assigned to case. (R,AP)

Random Assignment of Magistrate Judge

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James E. Grimes, Jr. (R,AP)

Service by Clerk. Summons and Complaint addressed to Monica Miller placed in U.S. Mail. Type of service: certified mail. Receipt # 7009 2250 0003 4102 4106. (C,Dv)

Service by Clerk. Summons and Complaint addressed to Christopher Moscinski placed in U.S. Mail. Type of service: certified mail. Receipt # 7009 2250 0003 4102 4052. (C,Dv)

Service by Clerk. Summons and Complaint addressed to Laura Gies placed in U.S. Mail. Type of service: certified mail. Receipt # 7009 2250 0003 4102 4083. (C,Dv)

Service by Clerk. Summons and Complaint addressed to Lauren Handy placed in U.S. Mail. Type of service: certified mail. Receipt # 7009 2250 0003 4102 2454. (C,Dv)

Service by Clerk. Summons and Complaint addressed to Jay Smith placed in U.S. Mail. Type of service: certified mail. Receipt # 7009 2250 0003 4102 4045. (C,Dv)

Service by Clerk. Summons and Complaint addressed to Clara McDonald placed in U.S. Mail. Type of service: certified mail. Receipt # 7009 2250 0003 4102 4113. (C,Dv)

Service by Clerk. Summons and Complaint addressed to Audrey Whipple placed in U.S. Mail. Type of service: certified mail. Receipt # 7009 2250 0003 4102 4076. (C,Dv)

Service by Clerk

Service by Clerk. Summons and Complaint addressed to Red Rose Rescue placed in U.S. Mail. Type of service: certified mail. Receipt # 7009 2250 0003 4102 4090. (C,Dv)

Service by Clerk. Summons and Complaint addressed to Red Rose Rescue c/o Agent Monica Miller placed in U.S. Mail. Type of service: certified mail. Receipt # 7009 2250 0003 4102 4090. (C,Dv)

Service by Clerk. Summons and Complaint addressed to Citizens for a Pro-Life Society, Inc. placed in U.S. Mail. Type of service: certified mail. Receipt # 7009 2250 0003 4102 4069. (C,Dv)

Service by Clerk. Summons and Complaint addressed to Citizens for a Pro-Life Society, Inc. c/o Agent Monica Miller placed in U.S. Mail. Type of service: certified mail. Receipt # 7009 2250 0003 4102 4069. (C,Dv)

Return of Service by Clerk by certified mail executed upon Monica Miller on 5/24/2024, filed on behalf of United States of America. Related document(s) 2 . (S,DA) (Entered: 05/29/2024)

Return of Service by Clerk by certified mail executed upon Christopher Moscinski on 5/24/2024, filed on behalf of United States of America. Related document(s) 2 . (S,DA) (Entered: 05/29/2024)

Return of Service by Clerk by certified mail executed upon Citizens for a Pro-Life Society, Inc. c/o Agent Monica Miller on 5/24/2024, filed on behalf of United States of America. Related document(s) 2 . (S,DA) (Entered: 05/29/2024)

Return of Service by Clerk by certified mail executed upon Lauren Handy on 5/24/2024, filed on behalf of United States of America. Related document(s) 2 . (S,DA) (Entered: 05/29/2024)

Return of Service by Clerk by certified mail executed upon Red Rose Rescue c/o Agent Monica Miller on 5/24/2024, filed on behalf of United States of America. Related document(s) 2 . (S,DA) (Entered: 05/29/2024)

Attorney Appearance by Joseph J. Froliklong filed by on behalf of United States of America. (Froliklong, Joseph) (Entered: 05/31/2024)

Attorney Appearance by Robert J. Muise filed by on behalf of Christopher Moscinski. (Muise, Robert) (Entered: 06/10/2024)

Unopposed Motion for extension of time until August 1, 2024 to answer and/or respond to the Complaint filed by Defendant Christopher Moscinski. (Muise, Robert) (Entered: 06/10/2024)

Proposed Order filed by Christopher Moscinski. Related document(s) 10 . (Muise, Robert) (Entered: 06/10/2024)

Service by Clerk. Summons and Complaint addressed to Jay Smith placed in U.S. Mail. Type of service: certified mail. Receipt # 70093410000058021518. (W,Jo)

Service by Clerk

Order [non-document] granting Defendant's 10 Unopposed Motion for extension of time until August 1, 2024 to answer and/or respond to the Complaint. Judge Christopher A. Boyko on 6/11/2024.(L,Ja)

Order on Motion for extension of time to answer

Praecipe for issuance of Alias Summons to Clara McDonald filed by United States of America. (Attachments: # 1 Summons)(Deucher, Elizabeth) (Entered: 06/12/2024)

Alias Summons issued to counsel for service upon Clara McDonald. (F,AW) (Entered: 06/12/2024)

Praecipe for issuance of Alias Summons to Jay Smith filed by United States of America. (Attachments: # 1 Summons)(Deucher, Elizabeth) (Entered: 06/12/2024)

Alias Summons issued to counsel for service upon Jay Smith. (F,AW) (Additional attachment(s) added on 6/12/2024: # 1 Corrected Summons) (F,AW). (Entered: 06/12/2024)

Service by Clerk

Service by Clerk. Alias Summons and Complaint addressed to Clara McDonald placed in U.S. Mail. Type of service: certified mail. Receipt # 7009 3410 0000 5802 1525. (S,DA)

Return of Service by Clerk by certified mail executed upon Jay Smith on 6/10/2024, filed on behalf of United States of America. Related document(s) 2 . (S,DA) (Entered: 06/13/2024)

Service by Clerk. Alias Summons and Complaint addressed to Jay Smith placed in U.S. Mail. Type of service: certified mail. Receipt # 7009 3410 0000 5802 1532. (S,DA)

Service by Clerk

Waiver of Service Returned Executed by United States of America. Laura Gies waiver sent on 6/10/2024, answer due 8/9/2024 filed on behalf of United States of America (Deucher, Elizabeth) (Entered: 06/25/2024)

Waiver of Service Returned Executed by United States of America. Audrey Whipple waiver sent on 6/10/2024, answer due 8/9/2024 filed on behalf of United States of America (Deucher, Elizabeth) (Entered: 06/26/2024)

Return of Service by Clerk by certified mail executed upon Jay Smith on 6/26/2024. No delivery date on green card, date obtained from U.S. Postal Service website. Filed on behalf of United States of America. Related document(s) 15 . (E,P) (Entered: 07/01/2024)

Notice of Case Management Conference with telephonic case management conference to be held on 8/20/2024 at 2:00 PM before Judge Christopher A. Boyko. This Court requires the participation of lead counsel. The Court will host the conference call and inform counsel by way of separate email of the telephone number for the conference call. Parties shall be available by phone, if needed. Judge Christopher A. Boyko on 7/3/2024. (Attachments: # 1 Ex A. Report of the Parties' Planning Meeting, # 2 Ex. B Consent Package)(L,Ja) (Entered: 07/03/2024)

Attorney Appearance by Catherine Short filed by on behalf of Laura Gies. (Short, Catherine) (Entered: 07/11/2024)

Attorney Appearance by Catherine Short filed by on behalf of Audrey Whipple. (Short, Catherine) (Entered: 07/11/2024)

Certified mail receipt returned, for service upon Clara McDonald but contains no signature or date. Related document(s) 2 . (S,DA) (Entered: 07/22/2024)

Verified Motion for attorney Robert J. Dunn to Appear Pro Hac Vice. Filing fee $ 120, receipt number 153066, filed by Defendant Jay Smith. (Attachments: # 1 Certificate of Good Standing)(L,MI) (Entered: 07/23/2024)

Order [non-document]granting Defendant's Motion for appearance pro hac vice by attorney Robert J. Dunn for Jay Smith. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 24 ). Judge Christopher A. Boyko on 7/23/2024.(L,Ja)

Order on Motion to appear pro hac vice

Motion to dismiss for failure to state a claim filed by Defendant Christopher Moscinski. Related document(s) 1 . (Attachments: # 1 Brief in Support)(Muise, Robert) (Entered: 07/29/2024)

Notice of Service of Defendant Moscinski's motion to dismiss and brief in support filed by Christopher Moscinski. Related document(s) 25 .(Muise, Robert) (Entered: 07/29/2024)

Motion for Order Adjourning Case Management Conference filed by Defendant Christopher Moscinski. Related document(s) 20 . (Attachments: # 1 Proposed Order)(Muise, Robert) (Entered: 08/01/2024)

Motion to dismiss for failure to state a claim, and Motion to dismiss for lack of jurisdiction filed by Laura Gies, Audrey Whipple. (Attachments: # 1 Brief in Support) (Short, Catherine) (Entered: 08/02/2024)

Order on Motion for order

Order [non-document] The Court grants Defendant Christopher Moscinski's Motion to Adjourn Case Management Conference (ECF # 27 ). The Court continues the CMC set for August 20, 2024 until after the Court has issued a ruling on Moscinski's pending Motion to Dismiss. Judge Christopher A. Boyko on 8/2/2024.(L,Ja)

Motion to dismiss for failure to state a claim filed by Citizens for a Pro-Life Society, Inc., Lauren Handy, Monica Miller, Red Rose Rescue. (Attachments: # 1 Brief in Support)(Cannon, Martin) (Entered: 08/03/2024)

Return of Service by Clerk unexecuted upon Audrey Whipple. Service attempted by certified mail on 5/24/2024 filed on behalf of United States of America. Related document(s) 2 . (S,DA) (Entered: 08/14/2024)

Answer to 1 Complaint, filed by Jay Smith. (Dunn, Robert) (Entered: 08/14/2024)

Attorney Appearance by Robert J. Dunn filed by on behalf of Jay Smith. (Dunn, Robert) (Entered: 08/14/2024)

Motion for joinder filed by Defendant Jay Smith. Related document(s) 29 . (Dunn, Robert) (Entered: 08/20/2024)

Opposition to 25 Motion to dismiss for failure to state a claim filed by United States of America. (Attachments: # 1 Brief in Support)(Deucher, Elizabeth) (Entered: 08/28/2024)

Order on Motion for Joinder

Order [non-document] granting Defendant Jay Smith's Motion 33 to Join in Motion to Dismiss (# 29 ) of Citizens for Pro-Life Society, Inc., Red Rose Rescue, Monica Miller and Lauren Handy and to adopt the arguments they raise. Judge Christopher A. Boyko on 8/28/2024. (L,Ja)

Opposition to 28 Motion to dismiss for failure to state a claim, and Motion to dismiss for lack of jurisdiction filed by United States of America. (Attachments: # 1 Brief in Support) (Deucher, Elizabeth) (Entered: 09/03/2024)

Opposition to 29 Motion to dismiss for failure to state a claim filed by United States of America. (Attachments: # 1 Brief in Support)(Deucher, Elizabeth) (Entered: 09/03/2024)

Reply in support of 25 Motion to dismiss for failure to state a claim filed by Christopher Moscinski. (Muise, Robert) (Entered: 09/10/2024)

Reply in support of 28 Motion to dismiss for failure to state a claim, and Motion to dismiss for lack of jurisdiction filed by Laura Gies, Audrey Whipple. (Short, Catherine) (Entered: 09/16/2024)

Opinion and Order: For reasons set forth in this order, Defendant Moscinski's Motion to dismiss for failure to state a claim is denied (Related Doc # 25 ). Judge Christopher A. Boyko on 10/29/2024.(L,Ja) (Additional attachment(s) added on 10/29/2024: # 1 Order) (L,Ja). Modified on 10/29/2024, to reflect correct order (L,Ja). (Entered: 10/29/2024)

Motion to extend time in which to answer the Complaint filed by Defendant Christopher Moscinski. (Attachments: # 1 Proposed Order)(Muise, Robert) Modified docket text on 11/1/2024 (H,Ch). (Entered: 10/30/2024)

Order on Motion for extension of time to answer

Order [non-document] granting Defendant Moscinski's 40 Motion for extension of time until November 26, 2024 to answer Complaint. Judge Christopher A. Boyko on 10/31/2024.(L,Ja)

Answer to 1 Complaint, with Jury Demand, Third party complaint against Merrick Garland, Counterclaim against United States of America filed by Christopher Moscinski. (Attachments: # 1 Summons on a Third-Party Complaint)(Muise, Robert) (Entered: 11/22/2024)

Third Party Summons issued to counsel for service upon Merrick Garland. (H,Ch) (Entered: 11/25/2024)

Opinion and Order: For reasons set forth in this order, Defendants' 28 motion to dismiss is denied. Judge Christopher A. Boyko on 11/26/2024.(L,Ja) (Entered: 11/26/2024)

Notice of Failure to File Corporate Disclosure Statement

Notice by Clerk that Citizens for a Pro-Life Society, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (H,Ch)

Attorney Appearance by Connor J. Hackert filed by on behalf of Merrick Garland. (Hackert, Connor) (Entered: 12/03/2024)

Declaration of Service via email per the authorization of Attorney Connor Hackert, Trial Attorney, U.S. Department of Justice, Civil Division, Constitutional & Specialized Torts on behalf of Defendant Merrick Garland in his individual capacity executed upon Defendant Merrick Garland in his individual capacity on December 4, 2024 filed on behalf of Christopher Moscinski Related document(s) 42, 41 . (Muise, Robert) Modified docket text on 12/5/2024 (H,Ch). (Entered: 12/04/2024)

Answer and affirmative defenses to 1 Complaint, filed by Audrey Whipple, Laura Gies. (Short, Catherine) Modified text on 12/10/2024 (L,MI). (Entered: 12/09/2024)

Joint Motion for Scheduling Order filed by United States of America. (Attachments: # 1 Proposed Order)(Froliklong, Joseph) (Entered: 12/26/2024)

Order granting Parties' Joint Motion Scheduling Order (Related Doc # 47 ). Judge Christopher A. Boyko on 12/30/2024.(L,Ja) (Entered: 12/30/2024)

Opinion and Order: denying Defendants' Motion to dismiss for failure to state a claim (Related Doc # 29 ). Judge Christopher A. Boyko on 1/3/2025.(L,Ja) (Entered: 01/03/2025)

Notice of Failure to File Corporate Disclosure Statement

SECOND Notice by Clerk that Citizens for a Pro-Life Society, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (S,HR)

Motion to dismiss official-capacity claims filed by 3rd Pty Defendant Merrick Garland, Counter-Defendant United States of America. Related document(s) 41 . (Robinson, John) (Entered: 01/17/2025)

Motion to strike Third-Party Claim or Alternatively, Motion to dismiss party Attorney General Merrick Garland in his Personal Capacity, Motion to dismiss for lack of jurisdiction, Motion to dismiss for failure to state a claim filed by 3rd Pty Defendant Merrick Garland. Related document(s) 41 . (Attachments: # 1 Brief in Support)(Hackert, Connor) (Entered: 01/17/2025)

1 Brief in Support

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Motion to dismiss with prejudice filed by Counter-Defendant United States of America, Plaintiff United States of America. (Attachments: # 1 Brief in Support, # 2 Proposed Order)(Rush, Regan) (Entered: 01/30/2025)

1 Brief in Support

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2 Proposed Order

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Attorney Appearance by Brennan T. Brooks filed by on behalf of Citizens for a Pro-Life Society, Inc., Red Rose Rescue, Lauren Handy, Monica Miller. (Brooks, Brennan) (Entered: 01/30/2025)

Corporate Disclosure Statement filed by Citizens for a Pro-Life Society, Inc.. (Brooks, Brennan) (Entered: 01/30/2025)

Order on Motion to dismiss

Order [non-document] In light of the parties' representations in email communications with the Court that there is no opposition, the Governments Motion to Dismiss (# 52 ) the Complaint with prejudice is granted. Defendant Moscinski's Counterclaims and Third-Party Complaint remain for independent adjudication at this time. However, the parties further represent that they are discussing possible resolution of those claims. Therefore, the briefing schedule of December 30, 2024 is vacated and Plaintiff Government and Defendant Moscinski shall file a joint status report on February 21, 2025, unless the Counterclaims and Third-Party Complaint have resolved by that date. Judge Christopher A. Boyko on 2/7/2025.(L,Ja)

Joint Proposed Stipulation of Dismissal with Prejudice filed by United States of America. (Robinson, John) (Entered: 02/17/2025)

Marginal Entry Order of Case Dismissal approving Parties' 55 stipulation of dismissal of Moscinskis counterclaims and third-party complaint with prejudice. Judge Christopher A. Boyko on 2/19/2027. (L,Ja) (Entered: 02/19/2025)