Case: Citizens for Responsibility and Ethics in Washington v. U.S. Centers for Disease Control and Prevention

U.S. Department of Health and Human Services

The White House

COMPLAINT against All Defendants (Fee Status: Paid ADCDC-11593105) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E, # 11 Exhibit F, # 12 Exhibit G, # 13 Exhibit H, # 14 Exhibit I)(Farchadi, Kayvan) Modified docket text on 4/7/2025 (zdp). (Entered: 04/04/2025)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Exhibit A

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7 Exhibit B

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8 Exhibit C

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9 Exhibit D

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10 Exhibit E

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11 Exhibit F

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12 Exhibit G

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13 Exhibit H

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14 Exhibit I

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LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Farchadi, Kayvan) (Entered: 04/04/2025)

NOTICE of Appearance by Chun Hin Tsoi on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Tsoi, Chun Hin) (Entered: 04/04/2025)

NOTICE of Appearance by Nikhel Sus on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Sus, Nikhel) (Entered: 04/07/2025)

NOTICE of Appearance by Alex Matthew Goldstein on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Goldstein, Alex) (Entered: 04/07/2025)

NOTICE of Appearance by Kalyn Mizelle McDaniel on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Mizelle McDaniel, Kalyn) (Entered: 04/07/2025)

SUMMONS (4) Issued Electronically as to All Defendants. (Attachment: # 1 Notice and Consent)(zsl) (Entered: 04/08/2025)

REQUEST FOR SUMMONS TO ISSUE filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. Related document: 1 Complaint, filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON.(Farchadi, Kayvan) (Entered: 04/08/2025)

Case Assigned to Judge Timothy J. Kelly. (zsl)

Case Assigned/Reassigned

Notice of Error- New Case

NOTICE OF NEW CASE ERROR The following error(s) need correction: Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zsl)

SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (znmw) (Entered: 04/09/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Yoseph T. Desta, Filing fee $ 100, receipt number ADCDC-11604497. Fee Status: Fee Paid. by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Sus, Nikhel) (Entered: 04/10/2025)

MINUTE ORDER granting Plaintiff's 10 Motion for Leave to Appear Pro Hac Vice. Attorney Yoseph T. Desta is hereby admitted pro hac vice on behalf of Plaintiff. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) . Click for instructions. Signed by Judge Timothy J. Kelly on 4/14/2025. (lctjk3)

Order on Motion for Leave to Appear Pro Hac Vice

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/16/2025. ( Answer due for ALL FEDERAL DEFENDANTS by 5/16/2025.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/16/2025., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ROBERT F. KENNEDY, JR served on 4/15/2025; SUSAN MONAREZ served on 4/14/2025; U.S. CENTERS FOR DISEASE CONTROL AND PREVENTION served on 4/14/2025; U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 4/15/2025 (Farchadi, Kayvan) (Entered: 04/16/2025)

NOTICE of Appearance by Yoseph T. Desta on behalf of All Plaintiffs (Desta, Yoseph) (Entered: 04/18/2025)

MOTION for Preliminary Injunction and Partial Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts as to Which There is No Genuine Issue, # 3 Declaration of Alex Goldstein, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Declaration of Person Doe, # 17 Declaration of Kevin Griffis, # 18 Declaration of Dr. Jennifer Hao, # 19 Declaration of Darya Minovi, # 20 Declaration of Gunita Singh, # 21 Text of Proposed Order)(Farchadi, Kayvan). Added MOTION for Partial Summary Judgment on 4/22/2025 (znmw). (Entered: 04/21/2025)

1 Memorandum in Support

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2 Statement of Facts as to Which There is No Genuine Issue

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3 Declaration of Alex Goldstein

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4 Exhibit A

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5 Exhibit B

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6 Exhibit C

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7 Exhibit D

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8 Exhibit E

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9 Exhibit F

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10 Exhibit G

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11 Exhibit H

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12 Exhibit I

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13 Exhibit J

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14 Exhibit K

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15 Exhibit L

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16 Declaration of Person Doe

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17 Declaration of Kevin Griffis

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18 Declaration of Dr. Jennifer Hao

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19 Declaration of Darya Minovi

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20 Declaration of Gunita Singh

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21 Text of Proposed Order

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NOTICE of Appearance by Benton Gregory Peterson on behalf of ROBERT F. KENNEDY, JR, SUSAN MONAREZ, U.S. CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Peterson, Benton) (Entered: 04/22/2025)

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER: Upon consideration of Plaintiff's 13 Motion for Preliminary Injunction and Partial Summary Judgment, it is hereby ORDERED that the parties shall confer on a briefing and hearing schedule for Plaintiff's 13 Motion. It is further ORDERED that the parties shall, by April 23, 2025, file a joint proposed schedule or--if the parties do not reach an agreement--separate proposed schedules. Signed by Judge Timothy J. Kelly on 4/22/2025. (lctjk3)

Order

PROPOSED BRIEFING SCHEDULE by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Farchadi, Kayvan) (Entered: 04/23/2025)

PROPOSED BRIEFING SCHEDULE by ROBERT F. KENNEDY, JR, SUSAN MONAREZ, U.S. CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Peterson, Benton) (Entered: 04/23/2025)

MINUTE ORDER: Upon consideration of Plaintiff's 15 Proposed Briefing Schedule and Defendants' 16 Proposed Briefing Schedule, it is hereby ORDERED that the following schedule shall govern proceedings for Plaintiff's 13 Motion for Preliminary Injunction: Defendants shall file their opposition by May 1, 2025; Plaintiffs shall file their reply by May 8, 2025; and the parties shall appear for a hearing on Plaintiff's 13 Motion on May 13, 2025 at 2:00 p.m., to be held in Courtroom 11. It is further ORDERED that to the extent Plaintiff's 13 Motion requests partial summary judgment, such request will be HELD IN ABEYANCE until further order of the Court. Signed by Judge Timothy J. Kelly on 4/24/2025. (lctjk3)

Order

NOTICE OF SUPPLEMENTAL AUTHORITY by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Farchadi, Kayvan) (Entered: 04/29/2025)

Memorandum in opposition to re 13 MOTION for Preliminary Injunction and Partial Summary Judgment MOTION for Partial Summary Judgment filed by ROBERT F. KENNEDY, JR, SUSAN MONAREZ, U.S. CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Declaration, # 2 Exhibit 1)(Peterson, Benton) (Entered: 05/01/2025)

1 Declaration

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2 Exhibit 1

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MOTION for Extension of Time to File by ROBERT F. KENNEDY, JR, SUSAN MONAREZ, U.S. CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 05/08/2025)

REPLY to opposition to motion re 13 Motion for Preliminary Injunction,,,, Motion for Partial Summary Judgment,,, filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Desta, Yoseph) (Entered: 05/08/2025)

MINUTE ORDER: Defendants move to extend the time to respond to Plaintiff's complaint until June 9, 2025. Plaintiff opposes that request, which Defendants explain is based on a family emergency that has required their counsel to be out of office. But Federal Rule of Civil Procedure 12(a)(2) appears to give Defendants, as United States agencies and officers, 60 days after service on the United States Attorney to respond to a complaint. And here, that 60-day window extends to June 15, 2025--that is, beyond Defendants' requested extension. Accordingly, it is hereby ORDERED that Plaintiff shall file its response, if any, to Defendants' 19 Motion by May 13, 2025. If Plaintiff files such a response, it should explain why the Court should not deny Defendants' 19 Motion as moot given that Rule 12(a)(2) appears to provide 60 days for Defendants to answer the complaint. Signed by Judge Timothy J. Kelly on 5/9/2025. (lctjk3)

Order

RESPONSE re 19 MOTION for Extension of Time to File filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Desta, Yoseph) (Entered: 05/12/2025)

NOTICE of Appearance by John Cuong Truong on behalf of ROBERT F. KENNEDY, JR, SUSAN MONAREZ, U.S. CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Truong, John) (Entered: 05/13/2025)

Preliminary Injunction

Minute Entry for proceedings held before Judge Timothy J. Kelly: Preliminary Injunction Hearing held on 5/13/2025. Oral argument on Plaintiff's 13 MOTION for Preliminary Injunction and Partial Summary Judgment, heard and TAKEN UNDER ADVISEMENT. (Court Reporter: Elizabeth Davila) (zkh)

MINUTE ORDER granting in part Defendants' 19 Motion for Extension of Time to Respond. Upon consideration of Defendants' 19 Motion and Plaintiff's 21 Response, the Court finds that a limited extension of time is appropriate given the personal circumstances identified by Defendants' counsel. Accordingly, it is hereby ORDERED that Defendants' 19 Motion is GRANTED IN PART. It is further ORDERED that Defendants shall, by May 30, 2025, answer or otherwise respond to Plaintiff's complaint. Signed by Judge Timothy J. Kelly on 5/14/2025. (lctjk3)

Order on Motion for Extension of Time to File

TRANSCRIPT OF PROCEEDINGS, before Judge Timothy J. Kelly, held on 5-13-2025; Page Numbers: 1 - 78. Date of Issuance: 5-15-2025. Court Reporter: Elizabeth Davila, Telephone number 202-354-3242. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/5/2025. Redacted Transcript Deadline set for 6/15/2025. Release of Transcript Restriction set for 8/13/2025.(Davila, Elizabeth) (Entered: 05/15/2025)

ENTERED IN ERROR.....TRANSCRIPT OF PROCEEDINGS before Judge Beryl A. Howell, held on 5-14-2025; Page Numbers: 1 - 109. Date of Issuance: 5-16-2025. Court Reporter: Elizabeth Davila, Telephone number: 202-354-3242. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/6/2025. Redacted Transcript Deadline set for 6/16/2025. Release of Transcript Restriction set for 8/14/2025.(Davila, Elizabeth) Modified on 5/16/2025 (znmw). (Entered: 05/16/2025)

NOTICE of Filing Declaration by ROBERT F. KENNEDY, JR, SUSAN MONAREZ, U.S. CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Declaration, # 2 Exhibit 1-4)(Peterson, Benton) (Entered: 05/19/2025)

1 Declaration

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2 Exhibit 1-4

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RESPONSE re 25 Notice (Other) of Filing Declaration filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Declaration of Person Doe, # 2 Declaration of Alex Goldstein, # 3 Declaration of Julia Szybala, # 4 Declaration of Andrea Issod, # 5 Declaration of Anisha Hindocha, # 6 Declaration of Darya Minovi)(Farchadi, Kayvan) (Entered: 05/22/2025)

1 Declaration of Person Doe

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2 Declaration of Alex Goldstein

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3 Declaration of Julia Szybala

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4 Declaration of Andrea Issod

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5 Declaration of Anisha Hindocha

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6 Declaration of Darya Minovi

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Unopposed MOTION for Extension of Time to File Response to Complaint by ROBERT F. KENNEDY, JR, SUSAN MONAREZ, U.S. CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 05/27/2025)

MINUTE ORDER granting Defendants' 27 Motion for Extension of Time to Respond. For the reasons set forth in Defendants' 27 Motion, and because Plaintiff consents to the relief sought, it is hereby ORDERED that Defendants' 27 Motion is GRANTED. It is further ORDERED that Defendants shall, within 14 days after the Court's ruling on Plaintiff's 13 Motion for Preliminary Injunction, answer or otherwise respond to Plaintiff's 1 Complaint. Signed by Judge Timothy J. Kelly on 5/28/2025. (lctjk3)

Order on Motion for Extension of Time to File

ORDER denying Plaintiff's 13 Motion for Preliminary Injunction. See Order for details. Signed by Judge Timothy J. Kelly on 6/4/2025. (lctjk3) (Entered: 06/04/2025)

MEMORANDUM OPINION in support of the Court's 28 Order denying Plaintiff's 13 Motion for Preliminary Injunction. Signed by Judge Timothy J. Kelly on 6/4/2025. (lctjk3) (Entered: 06/04/2025)

Joint MOTION for Scheduling Order for Dispositive Briefing and, MOTION for Extension of Time to File extension of time for Defendant to Respond to Plaintiff's Complaint by ROBERT F. KENNEDY, JR, SUSAN MONAREZ, U.S. CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 06/16/2025)

MINUTE ORDER granting the parties' 30 Joint Motion. For the reasons set forth in the parties' 30 Joint Motion, it is hereby ORDERED that their 30 Joint Motion is GRANTED. It is further ORDERED that the following schedule shall govern this case: Plaintiff shall file its amended complaint by June 25, 2025; Plaintiff shall file its motion for summary judgment by July 9, 2025; Defendants shall file their opposition and incorporated cross-motion to dismiss or, in the alternative, for summary judgment, by August 8, 2025; Plaintiff shall file its opposition and incorporated reply by August 28, 2025; and Defendants shall file their reply by September 8, 2025. Additionally, it is further ORDERED that Defendants' obligation to respond to Plaintiff's complaint or to any amended complaint is extended to Defendants' August 8, 2025 briefing deadline. Signed by Judge Timothy J. Kelly on 6/17/2025. (lctjk3)

Order on Motion for Scheduling Order

AMENDED COMPLAINT against All Defendants filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON.(Desta, Yoseph) (Entered: 06/25/2025)

Consent MOTION for Extension of Time to File Summary Judgment Motion, Consent MOTION to Modify Scheduling Order for Dispositive Briefing by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Text of Proposed Order)(Desta, Yoseph) (Entered: 07/01/2025)

Order on Motion for Extension of Time to AND Order on Motion to Modify AND Set/Reset Deadlines

Order on Motion for Extension of Time to

MINUTE ORDER: For the reasons set forth in Plaintiff's 32 Consent Motion for Extension of Time, and because Defendants consent to the relief sought, it is hereby ORDERED that Plaintiff's 32 Consent Motion is GRANTED. It is further ORDERED that the summary-judgment briefing schedule set out in the Court's June 17, 2025 Minute Order is MODIFIED as follows: Plaintiff shall file its motion for summary judgment by July 17, 2025; Defendants shall file their opposition and incorporated cross-motion to dismiss--or, alternatively, for summary judgment--by August 15, 2025; Plaintiff shall file its opposition and incorporated reply by September 11, 2025; and Defendants shall file their reply by September 24, 2025. Signed by Judge Timothy J. Kelly on 7/2/2025. (lctjk3)

MOTION for Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Memorandum in Support, # 2 Affidavit of Alex M. Goldstein, # 3 Affidavit of Vanessa Allen, # 4 Affidavit of Claire Cassedy, # 5 Affidavit of Jared Goodman, # 6 Affidavit of Andrea Issod, # 7 Affidavit of Dr. Peter Lurie, # 8 Affidavit of Darya Minovi, # 9 Affidavit of Julia Szybala, # 10 Affidavit of Nathan Freed Wessler, # 11 Statement of Facts, # 12 Text of Proposed Order)(Desta, Yoseph) (Entered: 07/17/2025)

1 Memorandum in Support

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2 Affidavit of Alex M. Goldstein

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3 Affidavit of Vanessa Allen

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4 Affidavit of Claire Cassedy

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5 Affidavit of Jared Goodman

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6 Affidavit of Andrea Issod

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7 Affidavit of Dr. Peter Lurie

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8 Affidavit of Darya Minovi

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9 Affidavit of Julia Szybala

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10 Affidavit of Nathan Freed Wessler

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11 Statement of Facts

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12 Text of Proposed Order

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NOTICE OF SUBSTITUTION OF COUNSEL by Mason D. Bracken on behalf of All Defendants Substituting for attorney Benton G. Peterson (Bracken, Mason) (Entered: 07/21/2025)

ERRATA by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON re 33 Motion for Summary Judgment,,. (Attachments: # 1 Corrected Memorandum)(Desta, Yoseph) (Entered: 07/21/2025)

1 Corrected Memorandum

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NOTICE OF WITHDRAWAL OF APPEARANCE as to CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. Attorney Chun Hin Tsoi terminated. (Tsoi, Chun Hin) (Entered: 08/01/2025)

NOTICE OF WITHDRAWAL OF APPEARANCE as to CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. Attorney Kalyn Mizelle McDaniel terminated. (Mizelle McDaniel, Kalyn) (Entered: 08/01/2025)

MOTION to Stay re 33 MOTION for Summary Judgment, 31 Amended Complaint, MOTION for Extension of Time to File Response/Reply as to 33 MOTION for Summary Judgment by ROBERT F. KENNEDY, JR, SUSAN MONAREZ, U.S. CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit Third Holzerland Declaration)(Bracken, Mason) (Entered: 08/13/2025)

1 Exhibit Third Holzerland Declaration

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MINUTE ORDER: Two days before their opposition and cross-motion to Plaintiff's 33 Motion for Summary Judgment was due, Defendants moved to stay the case or, alternatively, to extend the deadlines of the briefing schedule by 31 days. According to Defendants, they have started processing Plaintiff's FOIA request and believe that it would be more efficient to brief the issues after processing and production occur. Defendants conferred with Plaintiff's counsel yesterday, who opposes the motion. Of course, by filing the motion so close to the deadline--and by conferring with Plaintiff's counsel only yesterday--Defendants have put Plaintiff in the challenging position of responding to a 14-page motion that it opposes in very short order. That should not be rewarded, but the Court finds that a brief stay is appropriate to give Plaintiff the opportunity to respond to Defendants' 38 Motion and the relief that they seek. Accordingly, it is hereby ORDERED that the deadline for Defendants to file their motion for summary judgment and incorporated cross-motion is hereby STAYED until August 22, 2025. It is further ORDERED that Plaintiff shall file its response to Defendants' 38 Motion by August 18, 2025. Signed by Judge Timothy J. Kelly on 8/14/2025. (lctjk3)

RESPONSE re 38 MOTION to Stay re 33 MOTION for Summary Judgment, 31 Amended Complaint MOTION for Extension of Time to File Response/Reply as to 33 MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Desta, Yoseph) (Entered: 08/18/2025)

REPLY to opposition to motion re 38 Motion to Stay,, Motion for Extension of Time to File Response/Reply, filed by ROBERT F. KENNEDY, JR, SUSAN MONAREZ, U.S. CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Bracken, Mason) (Entered: 08/19/2025)

Order on Motion for Extension of Time to File Response/Reply AND Order on Motion to Stay AND Set/Reset Deadlines

MINUTE ORDER denying Defendants' 38 Motion to Stay. Defendants move to stay this case or, alternatively, to extend the briefing deadlines by 31 days. Because they request a stay, Defendants "bear[] the burden of establishing its need." United States v. Honeywell Int'l, Inc., 20 F. Supp. 3d 129, 132 (D.D.C. 2013) (citation omitted). And when "there is even a fair possibility that the stay" will harm another, the movant "must make out a clear case of hardship or inequity in being required to go forward." Id. (citation omitted). Defendants do not come close to showing that a stay is appropriate here. They contend mainly that they are processing Plaintiff's FOIA requests, so judicial economy would be served by a stay and periodic status reports about that processing. But this appeal rings hollow given that Defendants jointly moved just two months ago for a briefing schedule that they believed was supported by judicial economy; that they did not move for a stay until two days before their first deadline, well after Plaintiff had devoted time and resources to filing its motion for summary judgment; and that two of the three claims that Plaintiff presses are not traditional FOIA processing claims. More generally, Defendants focus more on reasons why they believe that Plaintiff's claims will fail on the merits than on reasons why a stay is warranted. Nor have they even tried to justify their alternative request for a 31-day extension of the briefing deadlines beyond the boilerplate assertion that "good cause exists for" it. Thus, it is hereby ORDERED that Defendants' 38 Motion is DENIED. Still, because Plaintiff has consented to a 10-day extension running from the modified August 22 deadline, along with accompanying extensions for other briefing deadlines, it is further ORDERED that the briefing schedule entered on June 17, 2025, and modified on August 14, 2025, is further MODIFIED as follows: Defendants shall file their opposition and incorporated cross-motion to dismiss or, in the alternative, for summary judgment, by September 2, 2025; Plaintiff shall file its opposition and incorporated reply by October 2, 2025; and Defendants shall file their reply by October 16, 2025. Additionally, it is further ORDERED that Defendants' obligation to respond to Plaintiff's amended complaint is extended to Defendants' briefing deadline of September 2, 2025. Finally, it is further ORDERED that, to the extent the parties may jointly seek to reasonably adjust these deadlines so as not to interfere with other professional or personal commitments, or to jointly seek a stay of the summary-judgment briefing schedule as to Count I of the Amended Complaint only, they may do so by filing a joint motion. Signed by Judge Timothy J. Kelly on 8/19/2025. (lctjk3)