Case: New England Donor Services, Inc. v. United States Department of Health and Human Services

New England Donor Services v. United States Department of Health and Human Services

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against CENTERS FOR MEDICARE & MEDICAID SERVICES, ROBERT FRANCIS KENNEDY, JR, MEHMET OZ, MD, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 405 receipt number ADCDC-12133540) filed by NEW ENGLAND DONOR SERVICES, INC., WE ARE SHARING HOPE SC, GIFT OF LIFE MICHIGAN. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C, # 4 Civil Cover Sheet, # 5 Summons - U.S. Department of Health & Human Services, # 6 Summons - ROBERT FRANCIS KENNEDY, Jr.ROBERT FRANCIS KENNEDY, Jr., # 7 Summons - Centers for Medicare & Medicaid Services, # 8 Summons - MEHMET OZ, M.D.)(Sverdlov, Alexander) (Entered: 12/12/2025)

1 Attachment A

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2 Attachment B

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3 Attachment C

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4 Civil Cover Sheet

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5 Summons - U.S. Department of Health & Human Services

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6 Summons - ROBERT FRANCIS KENNEDY, Jr.ROBERT FRANCIS KENNEDY, Jr.

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7 Summons - Centers for Medicare & Medicaid Services

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8 Summons - MEHMET OZ, M.D.

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ERRATA Correcting Complaint Caption by GIFT OF LIFE MICHIGAN, NEW ENGLAND DONOR SERVICES, INC., WE ARE SHARING HOPE SC re 1 Complaint,,. (Attachments: # 1 Complaint, # 2 Attachment A, # 3 Attachment B, # 4 Attachment C)(Sverdlov, Alexander) (Entered: 12/15/2025)

REQUEST FOR SUMMONS TO ISSUE Summons for the U.S. Attorney General, et al. filed by NEW ENGLAND DONOR SERVICES, INC., WE ARE SHARING HOPE SC, GIFT OF LIFE MICHIGAN. Related document: 1 Complaint,, filed by GIFT OF LIFE MICHIGAN, WE ARE SHARING HOPE SC, NEW ENGLAND DONOR SERVICES, INC.. (Attachments: # 1 Summons U.S. Attorney for D.C., # 2 Summons U.S. Department of Health and Human Services, # 3 Summons Robert Franic Kennedy, J.R., in his official capacity as Secretary of HHS, # 4 Summons Centers for Medicare and Medicaid Services, # 5 Summons Mehmet Oz, M.D. in his official capacity as Administrator of CMS)(Sverdlov, Alexander) (Entered: 12/15/2025)

Notice of Error- New Case

NOTICE OF NEW CASE ERROR regarding 1 Complaint,,. The following error(s) need correction: Noncompliance with LCvR 5.1(c). Please file a Notice of Errata stating the error and attach the corrected initiating pleading to include the name & full residence address of each party and file using the event Errata. 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. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmw)

SUMMONS (6) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zhcn) (Entered: 12/16/2025)

Case Assigned to Judge Sparkle L. Sooknanan. (zhcn)

Case Assigned/Reassigned

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aaron R. Crane, Filing fee $ 100, receipt number ADCDC-12159634. Fee Status: Fee Paid. by GIFT OF LIFE MICHIGAN, NEW ENGLAND DONOR SERVICES, INC., WE ARE SHARING HOPE SC. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Sverdlov, Alexander) (Entered: 12/30/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/29/2025. (Sverdlov, Alexander) (Entered: 01/06/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/22/2025. Answer due for ALL FEDERAL DEFENDANTS by 2/20/2026. (Sverdlov, Alexander) (Entered: 01/06/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE & MEDICAID SERVICES served on 12/22/2025 (Sverdlov, Alexander) (Entered: 01/06/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MEHMET OZ served on 12/22/2025 (Sverdlov, Alexander) (Entered: 01/06/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 12/23/2025 (Sverdlov, Alexander) (Entered: 01/06/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ROBERT FRANCIS KENNEDY, JR served on 12/29/2025 (Sverdlov, Alexander) (Entered: 01/06/2026)

MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice. 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 Sparkle L. Sooknanan on 1/6/2026. (lcal)

Order on Motion for Leave to Appear Pro Hac Vice

NOTICE of Appearance by Allison Ilene Brown on behalf of All Defendants (Brown, Allison) (Entered: 02/09/2026)

Joint MOTION for Scheduling Order by GIFT OF LIFE MICHIGAN, NEW ENGLAND DONOR SERVICES, INC., WE ARE SHARING HOPE SC. (Attachments: # 1 Text of Proposed Order)(Sverdlov, Alexander) (Entered: 02/19/2026)

Order on Motion for Scheduling Order AND Set/Reset Deadlines AND Terminate Deadlines

MINUTE ORDER granting 13 Joint Motion for Scheduling Order. The Defendants will provide the administrative record for the challenged rule to the Plaintiffs by February 20, 2026. The Plaintiffs will file their motion for summary judgment by March 20, 2026. The Defendants will file a cross-motion to dismiss and/or for summary judgment and response to the Plaintiffs' motion by April 24, 2026. The Plaintiffs will file a response to the Defendants' cross-motion and reply in support of their own motion by May 15, 2026. The Defendants will file a reply in support of their cross-motion by June 5, 2026. The Court VACATES the Defendants' deadline to respond to the Plaintiffs' Complaint under Federal Rule of Civil Procedure 12(a)(2). Signed by Judge Sparkle L. Sooknanan on 2/19/2026. (lcal)

AMENDED COMPLAINT against All Defendants filed by WE ARE SHARING HOPE SC, GIFT OF LIFE MICHIGAN, NEW ENGLAND DONOR SERVICES, INC., Donor Network of Arizona. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C, # 4 Attachment D)(Sverdlov, Alexander) (Entered: 03/19/2026)

MOTION for Summary Judgment by Donor Network of Arizona, GIFT OF LIFE MICHIGAN, NEW ENGLAND DONOR SERVICES, INC., WE ARE SHARING HOPE SC. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Sverdlov, Alexander) (Entered: 03/20/2026)

Memorandum in opposition to re 15 MOTION for Summary Judgment filed by ROBERT F. KENNEDY, JR. (Brown, Allison) (Entered: 04/24/2026)

Cross MOTION for Summary Judgment by CENTERS FOR MEDICARE & MEDICAID SERVICES, ROBERT F. KENNEDY, JR, MEHMET OZ, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Brown, Allison) (Entered: 04/24/2026)

Reply to opposition to motion

Notice of Appearance

Memorandum in opposition to motion

Reply to opposition to motion

Joint Appendix