Case: Commonwealth of Massachusetts v. National Institutes of Health

Commonwealth of Massachusetts v. National Institute of Health

Commonwealth of Massachusetts v. National Institute of Health

Office of the Director, National Institutes of Health

COMPLAINT for Declaratory and Injunctive Relief against Matthew Memoli, M.D., M.S., U.S. Department of Health and Human Services ( HHS), Dorothy Fink, National Institutes of Health Filing fee: $ 405, receipt number AMADC-10832195 (Fee Status: Filing Fee paid), filed by COMMONWEALTH OF MASSACHUSETTS. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Dirks, Katherine) (Entered: 02/10/2025)

1 Civil Cover Sheet

View on PACER

2 Category Form

View on PACER

Order on Motion for Leave to Appear

Order on Motion for Leave to File Excess Pages

Notice of Case Assignment

Notice Setting or Resetting Hearing on Motion

NOTICE of Appearance by Chris Pappavaselio on behalf of COMMONWEALTH OF MASSACHUSETTS (Pappavaselio, Chris) (Entered: 02/10/2025)

NOTICE of Appearance by Katherine B. Dirks on behalf of COMMONWEALTH OF MASSACHUSETTS (Dirks, Katherine) (Entered: 02/10/2025)

Emergency MOTION for Temporary Restraining Order by State of Maine, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, COMMONWEALTH OF MASSACHUSETTS, State of Vermont, State of Washington, State of Wisconsin, Attorney General Dana Nessel on behalf of the People of the State of Michigan, State of Illinois, State of Arizona, State of California, State of Connecticut, State of Colorado, State of Delaware, State of Hawaii.(Dirks, Katherine) (Entered: 02/10/2025)

MOTION for Leave to File Excess Pages in Memorandum in Support of Temporary Restraining Order by State of Maine, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, COMMONWEALTH OF MASSACHUSETTS, State of Vermont, State of Washington, State of Wisconsin, Attorney General Dana Nessel on behalf of the People of the State of Michigan, State of Illinois, State of Arizona, State of California, State of Connecticut, State of Colorado, State of Delaware, State of Hawaii.(Dirks, Katherine) (Entered: 02/10/2025)

DECLARATION re 4 Emergency MOTION for Temporary Restraining Order by COMMONWEALTH OF MASSACHUSETTS. (Attachments: # 1 Exhibit 1, NOT-OD-25-068: Supplemental Guidance, # 2 Exhibit 2, Major Savings FY 2018 (excerpts), # 3 Exhibit 3, Major Savings FY 2020 (excerpts), # 4 Exhibit 4, NOT-OD-24-110, # 5 Exhibit 5, NIH X Post, # 6 Exhibit 6, NIH - Why Should I Participate in a Clinical Trial, # 7 Exhibit 7, NY Ken Dill Declaration, # 8 Exhibit 8, CA Rafael Jaime Declaration, # 9 Exhibit 9, CA UC Declaration, # 10 Exhibit 10, CO Moseley Declaration, # 11 Exhibit 11, CO Elliman Declaration, # 12 Exhibit 12, CO Schwartz Declaration, # 13 Exhibit 13, CT UConn Declaration, # 14 Exhibit 14, CT Yale Declaration, # 15 Exhibit 15, DE Allen Declaration, # 16 Exhibit 16, DE UD Declaration, # 17 Exhibit 17, IL SIU Declaration, # 18 Exhibit 18, IL UI Declaration, # 19 Exhibit 19, MA Barton Declaration, # 20 Exhibit 20, MD Jarrell Declaration, # 21 Exhibit 21, MD Pines Declaration, # 22 Exhibit 22, ME Low Declaration, # 23 Exhibit 23, MI Lupia Declaration, # 24 Exhibit 24, MI MSU Declaration, # 25 Exhibit 25, MI Wayne State Declaration, # 26 Exhibit 26, NJ Princeton Declaration, # 27 Exhibit 27, NJ Rutgers Declaration, # 28 Exhibit 28, NM UNM Declaration, # 29 Exhibit 29, NV NSU Declaration, # 30 Exhibit 30, NV UNLV Declaration, # 31 Exhibit 31, NY Friedman Declaration, # 32 Exhibit 32, OR Barr-Gillespie Declaration, # 33 Exhibit 33, RI URI Declaration, # 34 Exhibit 34, RI Brown Declaration, # 35 Exhibit 35, RI CNE Declaration, # 36 Exhibit 36, RI Ramratnam Declaration, # 37 Exhibit 37, NV UNR Declaration, # 38 Exhibit 38, VT Dombrowski Declaration, # 39 Exhibit 39, WA UW Declaration, # 40 Exhibit 40, WA WSU Declaration, # 41 Exhibit 41, WI UW-Madison Declaration, # 42 Exhibit 42, WI O'Connor Declaration, # 43 Exhibit 43, CA CSU Declaration)(Pappavaselio, Chris) (Entered: 02/10/2025)

1 Exhibit 1, NOT-OD-25-068: Supplemental Guidance

View on PACER

2 Exhibit 2, Major Savings FY 2018 (excerpts)

View on PACER

3 Exhibit 3, Major Savings FY 2020 (excerpts)

View on PACER

4 Exhibit 4, NOT-OD-24-110

View on PACER

5 Exhibit 5, NIH X Post

View on PACER

6 Exhibit 6, NIH - Why Should I Participate in a Clinical Trial

View on PACER

7 Exhibit 7, NY Ken Dill Declaration

View on PACER

8 Exhibit 8, CA Rafael Jaime Declaration

View on PACER

9 Exhibit 9, CA UC Declaration

View on RECAP

10 Exhibit 10, CO Moseley Declaration

View on PACER

11 Exhibit 11, CO Elliman Declaration

View on RECAP

12 Exhibit 12, CO Schwartz Declaration

View on PACER

13 Exhibit 13, CT UConn Declaration

View on PACER

14 Exhibit 14, CT Yale Declaration

View on RECAP

15 Exhibit 15, DE Allen Declaration

View on PACER

16 Exhibit 16, DE UD Declaration

View on PACER

17 Exhibit 17, IL SIU Declaration

View on PACER

18 Exhibit 18, IL UI Declaration

View on PACER

19 Exhibit 19, MA Barton Declaration

View on RECAP

20 Exhibit 20, MD Jarrell Declaration

View on PACER

21 Exhibit 21, MD Pines Declaration

View on PACER

22 Exhibit 22, ME Low Declaration

View on RECAP

23 Exhibit 23, MI Lupia Declaration

View on PACER

24 Exhibit 24, MI MSU Declaration

View on PACER

25 Exhibit 25, MI Wayne State Declaration

View on RECAP

26 Exhibit 26, NJ Princeton Declaration

View on RECAP

27 Exhibit 27, NJ Rutgers Declaration

View on RECAP

28 Exhibit 28, NM UNM Declaration

View on RECAP

29 Exhibit 29, NV NSU Declaration

View on PACER

30 Exhibit 30, NV UNLV Declaration

View on RECAP

31 Exhibit 31, NY Friedman Declaration

View on RECAP

32 Exhibit 32, OR Barr-Gillespie Declaration

View on PACER

33 Exhibit 33, RI URI Declaration

View on RECAP

34 Exhibit 34, RI Brown Declaration

View on RECAP

35 Exhibit 35, RI CNE Declaration

View on PACER

36 Exhibit 36, RI Ramratnam Declaration

View on PACER

37 Exhibit 37, NV UNR Declaration

View on PACER

38 Exhibit 38, VT Dombrowski Declaration

View on PACER

39 Exhibit 39, WA UW Declaration

View on PACER

40 Exhibit 40, WA WSU Declaration

View on PACER

41 Exhibit 41, WI UW-Madison Declaration

View on RECAP

42 Exhibit 42, WI O'Connor Declaration

View on PACER

43 Exhibit 43, CA CSU Declaration

View on RECAP

ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (CEH) (Entered: 02/10/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 5 MOTION for Leave to File Excess Pages in Memorandum in Support of Temporary Restraining Order. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (CEH) (Entered: 02/10/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Shannon Stevenson Filing fee: $ 125, receipt number AMADC-10833062 by State of Colorado. (Attachments: # 1 Certificate of Shannon Stevenson)(Pappavaselio, Chris) (Entered: 02/10/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Alex Hemmer Filing fee: $ 125, receipt number AMADC-10833098 by State of Illinois. (Attachments: # 1 Certification of Alex Hemmer)(Pappavaselio, Chris) (Entered: 02/10/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 9 Motion for Leave to Appear Pro Hac Vice Added Shannon Stevenson. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (CEH) (Entered: 02/10/2025)

MEMORANDUM in Support re 4 Emergency MOTION for Temporary Restraining Order filed by State of Maine, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, COMMONWEALTH OF MASSACHUSETTS, State of Vermont, State of Washington, State of Wisconsin, State of Illinois, State of Arizona, State of California, State of Connecticut, State of Colorado, State of Delaware, State of Hawaii. (Dirks, Katherine) (Entered: 02/10/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Angela Cai Filing fee: $ 125, receipt number AMADC-10833112 by State of New Jersey. (Attachments: # 1 Certificate of Angela Cai)(Pappavaselio, Chris) (Entered: 02/10/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Spencer Coates, Ellen Range Filing fee: $ 250, receipt number AMADC-10833132 by State of Washington. (Attachments: # 1 Certificate of Spencer Coates, # 2 Certificate of Ellen Range)(Pappavaselio, Chris) (Entered: 02/10/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Jonathan Rose Filing fee: $ 125, receipt number AMADC-10833159 by State of Vermont. (Attachments: # 1 Certificate of Jonathan Rose)(Pappavaselio, Chris) (Entered: 02/10/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Aaron Bibb Filing fee: $ 125, receipt number AMADC-10833188 by State of Wisconsin. (Attachments: # 1 Certificate of Aaron Bibb)(Pappavaselio, Chris) (Entered: 02/10/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Molly Thomas-Jensen, Rabia Muqaddam Filing fee: $ 250, receipt number AMADC-10833221 by State of New York. (Attachments: # 1 Certificate of Molly Thomas-Jensen, # 2 Certificate of Rabia Muqaddam)(Pappavaselio, Chris) (Entered: 02/10/2025)

District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 02/10/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 10 Motion for Leave to Appear Pro Hac Vice Added Alex Hemmer. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (CEH) (Entered: 02/10/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 13 Motion for Leave to Appear Pro Hac Vice Added Angela Kai. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (CEH) (Entered: 02/10/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 14 Motion for Leave to Appear Pro Hac Vice Added Spencer W. Coates, and Ellen Range. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (CEH) (Entered: 02/10/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 15 Motion for Leave to Appear Pro Hac Vice Added Jonathan Rose. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (CEH) (Entered: 02/10/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 16 Motion for Leave to Appear Pro Hac Vice Added Aaron J. Bibb. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (CEH) (Entered: 02/10/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 17 Motion for Leave to Appear Pro Hac Vice Added Molly Thomas-Jensen, and Rabia Muqaddam. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (CEH) (Entered: 02/10/2025)

District Judge Angel Kelley: ORDER GRANTING PLAINTIFF STATES' EX PARTE EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER. (MAL) (Entered: 02/10/2025)

ELECTRONIC NOTICE Setting Hearing on Motion 4 Emergency MOTION for Temporary Restraining Order : Motion Hearing set for 2/21/2025 10:00 AM in Courtroom 8 (In person only) before District Judge Angel Kelley. (MAL) (Entered: 02/10/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Elizabeth Kramer Filing fee: $ 125, receipt number AMADC-10834484 by State of Minnesota. (Attachments: # 1 Certificate of Elizabeth Kramer)(Pappavaselio, Chris) (Entered: 02/11/2025)

1 Certificate of Elizabeth Kramer

View on PACER

Order on Motion for Leave to Appear

MOTION for Leave to Appear Pro Hac Vice for admission of Christina Beatty-Walters Filing fee: $ 125, receipt number AMADC-10834507 by State of Oregon. (Attachments: # 1 Certificate of Christina Beatty-Walters)(Pappavaselio, Chris) (Entered: 02/11/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Michael K. Skold Filing fee: $ 125, receipt number AMADC-10834520 by State of Connecticut. (Attachments: # 1 Certificate of Michael Skold)(Pappavaselio, Chris) (Entered: 02/11/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Daniel Mosteller Filing fee: $ 125, receipt number AMADC-10834532 by State of North Carolina. (Attachments: # 1 Certificate of Daniel Mosteller)(Pappavaselio, Chris) (Entered: 02/11/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Jordan Broadbent Filing fee: $ 125, receipt number AMADC-10834549 by State of Rhode Island. (Attachments: # 1 Certificate of Jordan Broadbent)(Pappavaselio, Chris) (Entered: 02/11/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 27 Motion for Leave to Appear Pro Hac Vice Added Elizabeth Kramer. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (CEH) (Entered: 02/11/2025)

NOTICE of Appearance by Molly Thomas-Jensen on behalf of State of New York (Thomas-Jensen, Molly) (Entered: 02/11/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 28 Motion for Leave to Appear Pro Hac Vice Added Christina L. Beatty-Walters. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (CEH) (Entered: 02/11/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 29 Motion for Leave to Appear Pro Hac Vice Added Michael K. Skold. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (CEH) (Entered: 02/11/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 30 Motion for Leave to Appear Pro Hac Vice Added Daniel P. Mosteller. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (CEH) (Entered: 02/11/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 31 Motion for Leave to Appear Pro Hac Vice Added Jordan Broadbent. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (CEH) (Entered: 02/11/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Joshua Bendor Filing fee: $ 125, receipt number AMADC-10834626 by State of Arizona. (Attachments: # 1 Certificate of Joshua Bendor)(Pappavaselio, Chris) (Entered: 02/11/2025)

NOTICE of Appearance by Jonathan T Rose on behalf of State of Vermont (Rose, Jonathan) (Entered: 02/11/2025)

Summons Issued as to Dorothy Fink, Matthew Memoli, M.D., M.S., National Institutes of Health, U.S. Department of Health and Human Services ( HHS). Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (LBO) (Entered: 02/11/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 38 Motion for Leave to Appear Pro Hac Vice Added Joshua D. Bendor. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (CEH) (Entered: 02/11/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Sophia TonNu, Emilio Varanini, Daniel Ambar Filing fee: $ 375, receipt number AMADC-10834750 by State of California. (Attachments: # 1 Certificate of Sophia TonNu, # 2 Certificate of Emilio Varanini, # 3 Certificate of Daniel Ambar)(Pappavaselio, Chris) (Entered: 02/11/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Linus Banghart-Linn Filing fee: $ 125, receipt number AMADC-10835675 by Attorney General Dana Nessel. (Attachments: # 1 Certificate of Linus Banghart-Linn)(Pappavaselio, Chris) (Entered: 02/11/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 42 Motion for Leave to Appear Pro Hac Vice Added Sophia T. TonNu, Emilio Varanini, and Daniel Ambar. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (CEH) (Entered: 02/11/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 43 Motion for Leave to Appear Pro Hac Vice Added Linus Banghart-Linn. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (CEH) (Entered: 02/11/2025)

STATUS REPORT by Matthew Memoli, M.D., M.S., U.S. Department of Health and Human Services ( HHS), Dorothy Fink, National Institutes of Health. (Attachments: # 1 Declaration of Dr. Michael Lauer)(Sacks, Marcus) (Entered: 02/11/2025)

1 Declaration of Dr. Michael Lauer

View on RECAP

NOTICE of Appearance by Thomas Ports, Jr on behalf of Matthew Memoli, M.D., M.S., U.S. Department of Health and Human Services ( HHS), Dorothy Fink, National Institutes of Health (Ports, Thomas) (Entered: 02/11/2025)

NOTICE of Appearance by Kevin VanLandingham on behalf of Matthew Memoli, M.D., M.S., U.S. Department of Health and Human Services ( HHS), Dorothy Fink, National Institutes of Health (VanLandingham, Kevin) (Entered: 02/11/2025)

NOTICE of Appearance by Aaron Bibb on behalf of State of Wisconsin (Bibb, Aaron) (Entered: 02/11/2025)

NOTICE of Appearance by Marcus S Sacks on behalf of Matthew Memoli, M.D., M.S., U.S. Department of Health and Human Services ( HHS), Dorothy Fink, National Institutes of Health (Sacks, Marcus) (Entered: 02/11/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Kalikoonlani D. Fernandes, David D. Day Filing fee: $ 250, receipt number AMADC-10837233 by State of Hawaii. (Attachments: # 1 Certificate of Kalikoonlani D. Fernandes, # 2 Certificate of David D. Day)(Pappavaselio, Chris) (Entered: 02/12/2025)

Order on Motion for Leave to Appear

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 51 Motion for Leave to Appear Pro Hac Vice Added Kalikoonlani D. Fernandes and David D. Day. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (CEH) (Entered: 02/12/2025)

NOTICE of Appearance by Daniel Ambar on behalf of State of California (Ambar, Daniel) (Entered: 02/12/2025)

NOTICE of Appearance by Emilio Eugene Varanini, IV on behalf of State of California (Varanini, Emilio) (Entered: 02/12/2025)

Assented to MOTION for Leave to File Excess Pages by Matthew Memoli, M.D., M.S., U.S. Department of Health and Human Services ( HHS), Dorothy Fink, National Institutes of Health.(Sacks, Marcus) (Entered: 02/12/2025)

NOTICE of Appearance by Jordan Broadbent on behalf of State of Rhode Island (Broadbent, Jordan) (Entered: 02/13/2025)

Order on Motion for Leave to File Excess Pages

Order

Order on Motion for Leave to Appear

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 55 Assented to MOTION for Leave to File Excess Pages. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (CEH) (Entered: 02/13/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Adam Kirschner Filing fee: $ 125, receipt number AMADC-10839011 by State of Maryland. (Attachments: # 1 Certificate of Adam Kirschner)(Pappavaselio, Chris) (Entered: 02/13/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of R. Sam Horan Filing fee: $ 125, receipt number AMADC-10839794 by State of Illinois. (Attachments: # 1 Certificate of R. Sam Horan)(Pappavaselio, Chris) (Entered: 02/13/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered. The Court directs counsel in all three actions to coordinate and submit a joint statement, to include proposed speakers and time limits for argument at the February 21, 2025 motion hearing, no later than 12:00 P.M. on February 19, 2025. The Court will issue its order as to the argument schedule on February 20, 2025. The joint statement should be filed in all three matters.The Court further directs Defendants to submit a single, consolidated opposition to the Motion for a Temporary Restraining Order. The single opposition should be filed in all three matters.Associated Cases: 1:25-cv-10338-AK, 1:25-cv-10340-AK, 1:25-cv-10346-AK. (MAL) (Entered: 02/13/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 58 Motion for Leave to Appear Pro Hac Vice Added Adam Kirschner. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (CEH) (Entered: 02/13/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 59 Motion for Leave to Appear Pro Hac Vice Added R. Sam Horan. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (CEH) (Entered: 02/13/2025)

NOTICE of Appearance by Adam Kirschner on behalf of State of Maryland (Kirschner, Adam) (Entered: 02/13/2025)

NOTICE of Appearance by Christina Beatty-Walters on behalf of State of Oregon (Beatty-Walters, Christina) (Entered: 02/13/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Heidi Parry Stern Filing fee: $ 125, receipt number AMADC-10840810 by State of Nevada. (Attachments: # 1 Certificate of Heidi Parry Stern)(Pappavaselio, Chris) (Entered: 02/13/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 65 Motion for Leave to Appear Pro Hac Vice Added Heidi Parry Stern. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (CEH) (Entered: 02/14/2025)

Order on Motion for Leave to Appear

Amicus brief filed

NOTICE of Appearance by Richard Samuel Horan on behalf of State of Illinois (Horan, Richard) (Entered: 02/14/2025)

MOTION for Leave to File Amicus Brief filed by Cody R. Hart and Derrill J. Fussell. (Additional attachment(s) added on 2/14/2025: # 1 PROPOSED BRIEF OF AMICI CURIAE "The People" Cody R. Hart and Derrill Fussell IN OPPOSITION TO PLAINTIFF STATE OF WASHINGTON APPEARENCE AND MOTIONING, # 2 Certification of the people Cody R. Hart and Derrill Fussell In Support of Motion for Leave to Appear as Amici Curiae, # 3 Declaration of Service) (CEH). Modified on 2/14/2025 to correct docket entry and replace documents previously submitted at Dkt 69 to current entry. NEF regenerated to all parties (CEH). (Entered: 02/14/2025)

PROPOSED BRIEF OF AMICI CURIAE "The People" Cody R. Hart and Derrill Fussell IN OPPOSITION TO PLAINTIFF STATE OF WASHINGTON APPEARENCE AND MOTIONING filed by Cody Hart, Derrill Fussell. (Attachments: # 1 Declaration of Service, # 2 Certification of the people Cody R. Hart and Derrill Fussell In Support of Motion for Leave to Appear as Amici Curiae) (CEH) Modified on 2/14/2025 to correct entry, please refer to Dkt 68 . NEF regenerated to all parties (CEH). (Entered: 02/14/2025)

1 Declaration of Service

View on PACER

2 Certification of the people Cody R. Hart and Derrill Fussell In Support of Moti

View on PACER

NOTICE of Appearance by Brian Lea on behalf of Matthew Memoli, M.D., M.S., U.S. Department of Health and Human Services ( HHS), Dorothy Fink, National Institutes of Health (Lea, Brian) (Entered: 02/14/2025)

NOTICE of Appearance by Heidi Parry Stern on behalf of State of Nevada (Stern, Heidi) (Entered: 02/14/2025)

MOTION for Extension of Time to Feb. 14, 2025 to File Consolidated Opposition Brief by Matthew Memoli, M.D., M.S., U.S. Department of Health and Human Services ( HHS), Dorothy Fink, National Institutes of Health.(VanLandingham, Kevin) (Entered: 02/14/2025)

Opposition re 4 Emergency MOTION for Temporary Restraining Order filed by Matthew Memoli, M.D., M.S., U.S. Department of Health and Human Services ( HHS), Dorothy Fink, National Institutes of Health. (Attachments: # 1 Bundesen Decl.)(VanLandingham, Kevin) (Entered: 02/14/2025)

1 Bundesen Decl.

View on PACER

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 72 Motion for Extension of Time to File. (MAL) (Entered: 02/15/2025)

Order on Motion for Extension of Time to File

MOTION Leave to File a Single, Consolidated Reply Brief of 25 Pages by State of Maine, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, Commonwealth of Massachusetts, State of Vermont, State of Washington, State of Wisconsin, Attorney General Dana Nessel, State of Illinois, State of Arizona, State of California, State of Connecticut, State of Colorado, State of Delaware, State of Hawaii.(Dirks, Katherine) (Entered: 02/17/2025)

AFFIDAVIT OF SERVICE Executed by Commonwealth of Massachusetts. All Defendants. Acknowledgement filed by Commonwealth of Massachusetts. (Attachments: # 1 Affidavit of service on D. Mass. USAO)(Pappavaselio, Chris) (Entered: 02/17/2025)

Opposition re 75 MOTION Leave to File a Single, Consolidated Reply Brief of 25 Pages filed by Matthew Memoli, M.D., M.S., U.S. Department of Health and Human Services ( HHS), Dorothy Fink, National Institutes of Health. (Ports, Thomas) (Entered: 02/18/2025)

Order AND ~Util - Terminate Motions

Notice Setting or Resetting Hearing on Motion

District Judge Angel Kelley: ELECTRONIC ORDER entered. As the Court sees little difference between three ten-page briefs and one, consolidated thirty-page brief, Plaintiffs' request to file a single, consolidated reply brief of thirty (30) pages is GRANTED.The above resolves the motions filed at: 25-cv-10338-AK [Dkt. 75], 25-cv-10340-AK [Dkt. 32], and 25-cv-10346-AK [Dkt. 76].Associated Cases: 1:25-cv-10338-AK, 1:25-cv-10340-AK, 1:25-cv-10346-AK (MAL) (Entered: 02/18/2025)

NOTICE of Appearance by Sophia TonNu on behalf of State of California (TonNu, Sophia) (Entered: 02/18/2025)

MOTION for Leave to File Memorandum of Law as Amicus Curiae in Support of Plaintiffs' Motion for A Temporary Restraining Order by Massachusetts Biotechnology Council, Inc..(Gold, Eric) (Entered: 02/18/2025)

REPLY to Response to 4 Emergency MOTION for Temporary Restraining Order filed by State of Maine, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, Commonwealth of Massachusetts, State of Vermont, State of Washington, State of Wisconsin, Attorney General Dana Nessel, State of Illinois, State of Arizona, State of California, State of Connecticut, State of Colorado, State of Delaware, State of Hawaii. (Dirks, Katherine) (Entered: 02/18/2025)

Second AFFIDAVIT of Katherine Dirks in Support re 4 Emergency MOTION for Temporary Restraining Order filed by State of Maine, State of Maryland, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, Commonwealth of Massachusetts, State of Vermont, State of Washington, State of Wisconsin, Attorney General Dana Nessel, State of Illinois, State of Arizona, State of California, State of Connecticut, State of Colorado, State of Delaware, State of Hawaii. (Attachments: # 1 Exhibit 44, # 2 Exhibit 45, # 3 Exhibit 46, # 4 Exhibit 47, # 5 Exhibit 48, # 6 Exhibit 49, # 7 Exhibit 50, # 8 Exhibit 51, # 9 Exhibit 52, # 10 Exhibit 53, # 11 Exhibit 54)(Dirks, Katherine) (Entered: 02/18/2025)

1 Exhibit 44

View on RECAP

2 Exhibit 45

View on RECAP

3 Exhibit 46

View on RECAP

4 Exhibit 47

View on RECAP

5 Exhibit 48

View on RECAP

6 Exhibit 49

View on RECAP

7 Exhibit 50

View on RECAP

8 Exhibit 51

View on RECAP

9 Exhibit 52

View on RECAP

10 Exhibit 53

View on RECAP

11 Exhibit 54

View on RECAP

ELECTRONIC NOTICE Setting Hearing on Emergency MOTION for Temporary Restraining Order (Dkt. 4 in 1:25-cv-10338-AK); (Dkt. 5 in 1:25-cv-10340-AK); and (Dkt. 2 in 1:25-cv-10346-AK). Audio access to the hearing will be available to the media and public (max. 1000 participants). Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact the session here. Motion Hearing set for 2/21/2025 10:00 AM in Courtroom 8 (In person with remote access provided) before District Judge Angel Kelley. Associated Cases: 1:25-cv-10338-AK, 1:25-cv-10340-AK, 1:25-cv-10346-AK (MAL) (Entered: 02/18/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered. As the motion neither identifies an appropriate interest nor sufficient reasons as to why the matters asserted are relevant to the disposition of the case, 68 MOTION for Leave to File Amicus Brief filed by Cody R. Hart and Derrill J. Fussell is DENIED. (MAL) (Entered: 02/19/2025)

Order on Motion for Leave to File Document

Order