Case: Association of American Medical Colleges v. National Institutes of Health

Commonwealth of Massachusetts v. National Institutes of Health

Commonwealth of Massachusetts v. National Institutes of Health

Commonwealth of Massachusetts v. National Institutes of Health

Commonwealth of Massachusetts v. National Institutes of Health

Commonwealth of Massachusetts v. National Institutes of Health

Office of the Director, National Institutes of Health

COMPLAINT against Dorothy Fink, Matthew Memoli, National Institutes of Health, U.S. Department of Health and Human Services ( HHS) Filing fee: $ 405, receipt number AMADC-10833283 (Fee Status: Filing Fee paid), filed by Association of American Medical Colleges, the American Association of Colleges of Pharmacy, the Association for Schools and Programs of Public Health, the Conference of Boston Teaching Hospitals, Inc., Greater New York Hospital Association. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Bueker, John) (Entered: 02/10/2025)

1 Civil Cover Sheet

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2 Category Form

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Notice of Case Assignment

NOTICE of Appearance by John P. Bueker on behalf of Association of American Medical Colleges, the American Association of Colleges of Pharmacy, the Association for Schools and Programs of Public Health, the Conference of Boston Teaching Hospitals, Inc., Greater New York Hospital Association (Bueker, John) (Entered: 02/10/2025)

CORPORATE DISCLOSURE STATEMENT by Association of American Medical Colleges, the American Association of Colleges of Pharmacy, the Association for Schools and Programs of Public Health, the Conference of Boston Teaching Hospitals, Inc., Greater New York Hospital Association. (Bueker, John) (Entered: 02/10/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Stephanie A. Webster Filing fee: $ 125, receipt number AMADC-10833346 by Association of American Medical Colleges, the American Association of Colleges of Pharmacy, the Association for Schools and Programs of Public Health, the Conference of Boston Teaching Hospitals, Inc., Greater New York Hospital Association.(Bueker, John) (Entered: 02/10/2025)

Emergency MOTION for Temporary Restraining Order by Association of American Medical Colleges, the American Association of Colleges of Pharmacy, the Association for Schools and Programs of Public Health, the Conference of Boston Teaching Hospitals, Inc., Greater New York Hospital Association. (Attachments: # 1 Exhibit Declaration of Heather H. Pierce)(Bueker, John) (Entered: 02/10/2025)

1 Exhibit Declaration of Heather H. Pierce

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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. (RN) (Entered: 02/10/2025)

NOTICE of Appearance by Douglas Hallward-Driemeier on behalf of Association of American Medical Colleges, the American Association of Colleges of Pharmacy, the Association for Schools and Programs of Public Health, the Conference of Boston Teaching Hospitals, Inc., Greater New York Hospital Association (Hallward-Driemeier, Douglas) (Entered: 02/10/2025)

District Judge Angel Kelley: ORDER GRANTING PLAINTIFFS' EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER entered. (MAL) (Entered: 02/10/2025)

ELECTRONIC NOTICE Setting Hearing on Motion 5 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: 02/11/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 4 Motion for Leave to Appear Pro Hac Vice Added Stephanie A. Webster. 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)

Notice Setting or Resetting Hearing on Motion

Order on Motion for Leave to Appear

District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 02/11/2025)

Summons Issued as to Dorothy Fink, Matthew Memoli, 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: ORDER TO SHOW CAUSE entered. Plaintiff Medical Organizations shall show cause by Thursday, February 13, 2025 at 12:00 PM EST why this case should not be returned to the Clerk for random assignment for further proceedings. (MAL) (Entered: 02/11/2025)

NOTICE of Appearance by Marcus S Sacks on behalf of National Institutes of Health, Matthew Memoli, U.S. Department of Health and Human Services ( HHS), Dorothy Fink (Sacks, Marcus) (Entered: 02/12/2025)

STATUS REPORT by National Institutes of Health, Matthew Memoli, U.S. Department of Health and Human Services ( HHS), Dorothy Fink. (Attachments: # 1 Declaration of Dr. Michael Lauer)(Sacks, Marcus) (Entered: 02/12/2025)

1 Declaration of Dr. Michael Lauer

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AFFIDAVIT OF SERVICE Executed by the Association for Schools and Programs of Public Health, the American Association of Colleges of Pharmacy, Association of American Medical Colleges, the Conference of Boston Teaching Hospitals, Inc., Greater New York Hospital Association. Acknowledgement filed by the Association for Schools and Programs of Public Health, the American Association of Colleges of Pharmacy, Association of American Medical Colleges, the Conference of Boston Teaching Hospitals, Inc., Greater New York Hospital Association. (Bueker, John) (Entered: 02/12/2025)

AFFIDAVIT OF SERVICE Executed by the Association for Schools and Programs of Public Health, the American Association of Colleges of Pharmacy, Association of American Medical Colleges, the Conference of Boston Teaching Hospitals, Inc., Greater New York Hospital Association. Acknowledgement filed by the Association for Schools and Programs of Public Health, the American Association of Colleges of Pharmacy, Association of American Medical Colleges, the Conference of Boston Teaching Hospitals, Inc., Greater New York Hospital Association. (Bueker, John) (Entered: 02/12/2025)

AFFIDAVIT OF SERVICE Executed by the Association for Schools and Programs of Public Health, the American Association of Colleges of Pharmacy, Association of American Medical Colleges, the Conference of Boston Teaching Hospitals, Inc., Greater New York Hospital Association. Acknowledgement filed by the Association for Schools and Programs of Public Health, the American Association of Colleges of Pharmacy, Association of American Medical Colleges, the Conference of Boston Teaching Hospitals, Inc., Greater New York Hospital Association. (Bueker, John) (Entered: 02/12/2025)

AFFIDAVIT OF SERVICE Executed by the Association for Schools and Programs of Public Health, the American Association of Colleges of Pharmacy, Association of American Medical Colleges, the Conference of Boston Teaching Hospitals, Inc., Greater New York Hospital Association. Acknowledgement filed by the Association for Schools and Programs of Public Health, the American Association of Colleges of Pharmacy, Association of American Medical Colleges, the Conference of Boston Teaching Hospitals, Inc., Greater New York Hospital Association. (Bueker, John) (Entered: 02/12/2025)

NOTICE of Appearance by Kevin VanLandingham on behalf of National Institutes of Health, Matthew Memoli, U.S. Department of Health and Human Services ( HHS), Dorothy Fink (VanLandingham, Kevin) (Entered: 02/12/2025)

RESPONSE TO ORDER TO SHOW CAUSE by Association of American Medical Colleges, the American Association of Colleges of Pharmacy, the Association for Schools and Programs of Public Health, the Conference of Boston Teaching Hospitals, Inc., Greater New York Hospital Association. (Bueker, John) (Entered: 02/13/2025)

Order

District Judge Angel Kelley: ELECTRONIC ORDER entered. After review of the 21 Response to Order to Show Cause filed by Plaintiffs, the Court DISCHARGES the 13 Order to Show Cause and determines that the two cases are related for the purpose of Local Rule 40.1(g). The Court notes: (1) this case and the Commonwealth case arise out of the same occurrence; (2) the injunctive relief sought in this case requires many of the same factual determinations as in the Commonwealth case; (3) counsel representing Defendants in this case “do not oppose continuing to treat these cases as related” [Dkt. 21 at 1]; and (4) random reassignment of this case poses a risk of Defendants becoming subject to conflicting court orders regarding Plaintiffs here, whose member institutions reside in all twenty-two states that are plaintiffs in the Commonwealth case. (MAL) (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)

NOTICE of Appearance by Stephanie A. Webster on behalf of Association of American Medical Colleges, the American Association of Colleges of Pharmacy, the Association for Schools and Programs of Public Health, the Conference of Boston Teaching Hospitals, Inc., Greater New York Hospital Association (Webster, Stephanie) (Entered: 02/13/2025)

Assented to MOTION for Leave to File Excess Pages by National Institutes of Health, Matthew Memoli, U.S. Department of Health and Human Services ( HHS), Dorothy Fink.(Sacks, Marcus) (Entered: 02/13/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 25 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: 02/14/2025)

Order on Motion for Leave to File Excess Pages

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

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

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

Opposition re 5 Emergency MOTION for Temporary Restraining Order filed by National Institutes of Health, Matthew Memoli, U.S. Department of Health and Human Services ( HHS), Dorothy Fink. (Attachments: # 1 Bundesen Decl.)(VanLandingham, Kevin) (Entered: 02/14/2025)

1 Bundesen Decl.

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District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 29 Motion for Extension of Time to File. (MAL) (Entered: 02/15/2025)

Order on Motion for Extension of Time to File

MOTION for Leave to File a Single, Consolidated Reply Brief by Association of American Medical Colleges, the American Association of Colleges of Pharmacy, the Association for Schools and Programs of Public Health, the Conference of Boston Teaching Hospitals, Inc., Greater New York Hospital Association.(Bueker, John) (Entered: 02/17/2025)

Opposition re 32 MOTION for Leave to File a Single, Consolidated Reply Brief filed by National Institutes of Health, Matthew Memoli, U.S. Department of Health and Human Services ( HHS), Dorothy Fink. (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)

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 5 Emergency MOTION for Temporary Restraining Order filed by Association of American Medical Colleges, the American Association of Colleges of Pharmacy, the Association for Schools and Programs of Public Health, the Conference of Boston Teaching Hospitals, Inc., Greater New York Hospital Association. (Bueker, John) (Entered: 02/18/2025)

DECLARATION re 5 Emergency MOTION for Temporary Restraining Order by Association of American Medical Colleges, the American Association of Colleges of Pharmacy, the Association for Schools and Programs of Public Health, the Conference of Boston Teaching Hospitals, Inc., Greater New York Hospital Association. (Bueker, John) (Entered: 02/18/2025)

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)

JOINT STATEMENT of counsel regarding February 21, 2025 hearing. (Bueker, John) (Entered: 02/19/2025)

Order

Order on Motion for Leave to File Document

District Judge Angel Kelley: ELECTRONIC ORDER entered. As the motion is unopposed, properly identifies the movant's interest, and provides information relevant to the disposition of the case, 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. is GRANTED.The above resolves the motions filed at: 25-cv-10338-AK [Dkt. 80], 25-cv-10340-AK [Dkt. 35], and 25-cv-10346-AK [Dkt. 79]. 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.Associated Cases: 1:25-cv-10338-AK, 1:25-cv-10340-AK, 1:25-cv-10346-AK (MAL) (Entered: 02/19/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered. On February 13, 2025, this Court ordered the parties to submit a joint statement to include a proposed list of issues, speakers, and time limits for the motion hearing scheduled for February 21, 2025.The Court ADOPTS the proposed schedule, as submitted jointly by the parties. Associated Cases: 1:25-cv-10338-AK, 1:25-cv-10340-AK, 1:25-cv-10346-AK (MAL) (Entered: 02/19/2025)

Assented to MOTION for Leave to File Proposed Amicus Brief by Cities, Counties, and Mayors. (Attachments: # 1 Exhibit Proposed Amicus Brief)(Miller, Jonathan) (Entered: 02/19/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered. As the motion is unopposed, properly identifies the movants' interest, and provides information relevant to the disposition of the case, MOTION for Leave to File Proposed Amicus Brief by Cities, Counties, and Mayors is GRANTED.The above resolves the motions filed at: 25-cv-10338-AK [Dkt. 89], 25-cv-10340-AK [Dkt. 42], and 25-cv-10346-AK [Dkt. 85].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. Associated Cases: 1:25-cv-10338-AK, 1:25-cv-10340-AK, 1:25-cv-10346-AK (MAL) (Entered: 02/20/2025)

Order on Motion for Leave to File Document AND Order on Motion for Leave to File Document AND Order on Motion for Leave to File Document

AMICUS BRIEF filed by Cities, Counties, and Mayors . (Miller, Jonathan) (Entered: 02/20/2025)

AMICUS BRIEF filed by Massachusetts Biotechnology Council, Inc. . (Gold, Eric) (Entered: 02/20/2025)

Electronic Clerk's Notes for proceedings held before District Judge Angel Kelley: Motion Hearing held on 2/21/2025 re 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). The Court heard oral argument on the pending motions and took the matter under advisement. (Court Reporter: Linda Walsh at lwalshsteno@gmail.com.)(Attorneys present: Dirks, Unikowsky, Bueker, Lea) Associated Cases: 1:25-cv-10338-AK, 1:25-cv-10340-AK, 1:25-cv-10346-AK (MAL) (Entered: 02/21/2025)

Order

Motion Hearing

District Judge Angel Kelley: ELECTRONIC ORDER entered. For the reasons stated on the record at the February 21, 2025, motion hearing, the existing temporary restraining order is extended and will remain in effect until further order is issued resolving the request for a preliminary injunction.Associated Cases: 1:25-cv-10338-AK, 1:25-cv-10340-AK, 1:25-cv-10346-AK (MAL) (Entered: 02/21/2025)

STATUS REPORT by National Institutes of Health, Matthew Memoli, U.S. Department of Health and Human Services ( HHS), Dorothy Fink. (Attachments: # 1 Exhibit 1 - Bundesen Declaration)(Ports, Thomas) (Entered: 02/26/2025)

1 Exhibit 1 - Bundesen Declaration

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Notice of Filing of Official Transcript

Transcript of Motion Hearing held on February 21, 2025, before Judge Angel Kelley. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Linda Walsh at lwalshsteno@gmail.com. Redaction Request due 3/19/2025. Redacted Transcript Deadline set for 3/31/2025. Release of Transcript Restriction set for 5/27/2025. Associated Cases: 1:25-cv-10338-AK, 1:25-cv-10340-AK, 1:25-cv-10346-AK (DRK) (Entered: 02/26/2025)

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at https://www.mad.uscourts.gov/caseinfo/transcripts.htm Associated Cases: 1:25-cv-10338-AK, 1:25-cv-10340-AK, 1:25-cv-10346-AK(DRK) (Entered: 02/26/2025)

District Judge Angel Kelley: MEMORANDUM AND ORDER ON MOTION FOR PRELIMINARY INJUNCTION entered. For the reasons stated in the attached memorandum, Plaintiffs' Motion for Preliminary Injunction is GRANTED. The Defendants and their officers, employees, servants, agents, appointees, and successors are hereby enjoined from taking any steps to implement, apply, or enforce the Supplemental Guidance to the 2024 NIH Grants Policy Statement: Indirect Costs Rates (NOT-OD-25-068), issued by the Office of the Director of the National Institutes of Health on February 7, 2025, in any form with respect to institutions nationwide until further order issued by this Court.The above resolves the motions filed at: 25-cv-10338-AK [Dkt. 4], 25-cv-10340-AK [Dkt. 5], and 25-cv-10346-AK [Dkt. 2].Associated Cases: 1:25-cv-10338-AK, 1:25-cv-10340-AK, 1:25-cv-10346-AK (MAL) (Entered: 03/05/2025)

Assented to MOTION for Permanent Injunction - Motion to Convert Order on Preliminary Injunction into Order on Permanent Injunction and to Enter Final Judgment - by National Institutes of Health, Matthew Memoli, U.S. Department of Health and Human Services ( HHS). (Attachments: # 1 Text of Proposed Order)(Ports, Thomas) (Entered: 04/04/2025)

1 Text of Proposed Order

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Order on Motion to Stay AND Order on Motion to Stay AND Order on Motion to Stay

Order on Motion for Permanent Injunction AND Order on Motion for Permanent Injunction AND Order on Motion for Permanent Injunction

Assented to MOTION to Stay all Deadlines by National Institutes of Health, Matthew Memoli, U.S. Department of Health and Human Services ( HHS), Dorothy Fink. (Attachments: # 1 Text of Proposed Order)(Ports, Thomas) (Entered: 04/04/2025)

1 Text of Proposed Order

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District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING DEFENDANTS' ASSENTED-TO MOTION TO CONVERT ORDER ON PRELIMINARY INJUNCTION INTO ORDER ON PERMANENT INJUNCTION AND ENTER FINAL JUDGMENT. The above resolves the motions filed at: 25-cv-10338-AK [Dkt. 108], 25-cv-10340-AK [Dkt. 52], and 25-cv-10346-AK [Dkt. 96]. Associated Cases: 1:25-cv-10338-AK, 1:25-cv-10340-AK, 1:25-cv-10346-AK (MAL) (Entered: 04/04/2025)

District Judge Angel Kelley: ELECTRONIC ORDER entered DENYING as moot DEFENDANTS' ASSENTED-TO MOTION TO STAY ALL DEADLINES. The above resolves the motions filed at: 25-cv-10338-AK [Dkt. 109], 25-cv-10340-AK [Dkt. 53], and 25-cv-10346-AK [Dkt. 97]. Associated Cases: 1:25-cv-10338-AK, 1:25-cv-10340-AK, 1:25-cv-10346-AK (MAL) (Entered: 04/04/2025)

District Judge Angel Kelley: FINAL JUDGMENT AND PERMANENT INJUNCTION entered.Associated Cases: 1:25-cv-10338-AK, 1:25-cv-10340-AK, 1:25-cv-10346-AK (MAL) (Entered: 04/04/2025)

NOTICE OF APPEAL as to 56 Permanent Injunction by National Institutes of Health, Matthew Memoli, U.S. Department of Health and Human Services ( HHS), Dorothy Fink. Fee Status: US Government. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 4/28/2025. (Ports, Thomas) (Entered: 04/08/2025)

USCA Case Number

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 57 Notice of Appeal. (MAP) (Entered: 04/08/2025)

USCA Case Number 25-1344 for 57 Notice of Appeal,,, filed by U.S. Department of Health and Human Services ( HHS), National Institutes of Health, Dorothy Fink, Matthew Memoli. (MAP) (Entered: 04/08/2025)