Case: American Academy of Pediatrics v. U.S. Department of Health and Human Services

COMPLAINT against CENTERS FOR DISEASE CONTROL AND PREVENTION, DEPARTMENT OF HEALTH AND HUMAN SERVICES, THOMAS J. ENGELS, HEALTH RESOURCES AND SERVICES ADMINISTRATION, ROBERT F. KENNEDY, JR, JIM O'NEILL ( Filing fee $ 405 receipt number ADCDC-12154825) filed by AMERICAN ACADEMY OF PEDIATRICS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons HHS, # 3 Summons CDC, # 4 Summons HRSA, # 5 Summons Engels, # 6 Summons Kennedy, Jr., # 7 Summons U.S. Attorney's Office of D.C., # 8 Summons USAG, # 9 Summons O'Neill)(Salzman, Joshua) (Entered: 12/24/2025)

1 Civil Cover Sheet

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2 Summons HHS

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3 Summons CDC

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4 Summons HRSA

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5 Summons Engels

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6 Summons Kennedy, Jr.

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7 Summons U.S. Attorney's Office of D.C.

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8 Summons USAG

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9 Summons O'Neill

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MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by AMERICAN ACADEMY OF PEDIATRICS. (Attachments: # 1 Memorandum in Support, # 2 Declaration Declaration of Debra B. Waldron, # 3 Declaration Declaration of Mark Del Monte, # 4 Text of Proposed Order)(Salzman, Joshua) (Entered: 12/24/2025)

1 Memorandum in Support

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2 Declaration Declaration of Debra B. Waldron

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3 Declaration Declaration of Mark Del Monte

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4 Text of Proposed Order

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LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN ACADEMY OF PEDIATRICS (Salzman, Joshua) (Entered: 12/24/2025)

NOTICE of Appearance by Joshua M. Salzman on behalf of AMERICAN ACADEMY OF PEDIATRICS (Salzman, Joshua) (Entered: 12/24/2025)

NOTICE of Appearance by Allyson R. Scher on behalf of AMERICAN ACADEMY OF PEDIATRICS (Scher, Allyson) (Entered: 12/24/2025)

NOTICE of Appearance by Joel L. McElvain on behalf of AMERICAN ACADEMY OF PEDIATRICS (McElvain, Joel) (Entered: 12/24/2025)

NOTICE of Appearance by Robin F. Thurston on behalf of AMERICAN ACADEMY OF PEDIATRICS (Thurston, Robin) (Entered: 12/24/2025)

NOTICE of Appearance by Michael Torcello on behalf of AMERICAN ACADEMY OF PEDIATRICS (Torcello, Michael) (Entered: 12/24/2025)

NOTICE of Appearance by Dimitar Georgiev-Remmel on behalf of All Defendants (Georgiev-Remmel, Dimitar) (Entered: 12/24/2025)

NOTICE of Appearance by Brian J. Levy on behalf of CENTERS FOR DISEASE CONTROL AND PREVENTION, DEPARTMENT OF HEALTH AND HUMAN SERVICES, THOMAS J. ENGELS, HEALTH RESOURCES AND SERVICES ADMINISTRATION, ROBERT F. KENNEDY, JR, JIM O'NEILL (Levy, Brian) (Entered: 12/24/2025)

MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by CENTERS FOR DISEASE CONTROL AND PREVENTION, DEPARTMENT OF HEALTH AND HUMAN SERVICES, THOMAS J. ENGELS, HEALTH RESOURCES AND SERVICES ADMINISTRATION, ROBERT F. KENNEDY, JR, JIM O'NEILL. (Georgiev-Remmel, Dimitar) (Entered: 12/24/2025)

Memorandum in opposition to re 11 MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by AMERICAN ACADEMY OF PEDIATRICS. (Scher, Allyson) (Entered: 12/26/2025)

REPLY to opposition to motion re 11 Motion for Extension of Time to File Response/Reply, filed by CENTERS FOR DISEASE CONTROL AND PREVENTION, DEPARTMENT OF HEALTH AND HUMAN SERVICES, THOMAS J. ENGELS, HEALTH RESOURCES AND SERVICES ADMINISTRATION, ROBERT F. KENNEDY, JR, JIM O'NEILL. (Levy, Brian) (Entered: 12/29/2025)

SUMMONS (8) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 12/29/2025)

STANDING ORDER. Signed by Judge Beryl A. Howell on December 29, 2025. (lcbah4) (Entered: 12/29/2025)

Case Assigned/Reassigned

.Order

Case Assigned to Judge Beryl A. Howell. (znmw)

MINUTE ORDER (paperless) DENYING, upon consideration of defendants' 11 Motion for Extension of Time ("Defs.' Mot."), plaintiff's 12 Memorandum in Opposition ("Pl.'s Opp'n"), and defendants' 13 Reply to Opposition to Motion, defendants' motion for extension of time.This matter concerns the defendants' termination of three grants administered by the Centers for Disease Control and Prevention ("CDC") and four grants administered by the Health Resources and Services Administration ("HSRA") totaling nearly $12 million. 1 Compl. ¶¶ 12, 32. On the current record, the terminated grants at issue appear to have been longstanding, multi-year awards that would have continued for another nine to forty-five months, with some of these grants approved as recently as 2024, and one in August 2025. Id. ¶ 32. Without prior notice, these grants were terminated on December 16, 2025, with the termination decisions effective on December 22, 2025, for the CDC grants and effective immediately for the HRSA grants. Id. ¶¶ 51, 53. Without the funding provided by these grants, plaintiff will be forced to send termination notices to dozens of employees on January 9, 2026. 2 Pl.'s Mot. for TRO, or, in the Alternative, Mot. for Prelim. Inj., Decl. of Am. Acad. Of Pediatrics's Chief. Exec. Officer, Mark Del Monte ¶ 12.Though the Court appreciates defendants' request for additional time to respond to the "voluminous filing" at issue, Defs.' Mot. at 2, plaintiff correctly point outs that the "urgent situation [is] of Defendants' own creation," Pl.'s Opp'n at 1. While defendants' request for additional time, if accompanied by the parties' agreement for suspension or delay in the effective date of the termination decision during the pendency of this litigation, would address the "urgency," absent such an agreement, the deadlines in this matter will not be extended. The following SCHEDULING ORDER shall control further proceedings: (1) By December 31, 2025, at 4:00 P.M., defendants shall file any opposition to plaintiff's 2 Motion for Temporary Restraining Order, Motion for Preliminary Injunction; (2) By January 2, 2026, plaintiff shall file any reply in support of its 2 Motion for Temporary Restraining Order, Motion for Preliminary Injunction; and (3) As necessary, any hearing will be set following completion of briefing on the pending motion for a temporary restraining order. Signed by Judge Beryl A. Howell on December 29, 2025. (lcbah4)

Set/Reset Deadlines: Defendants' Response due by 12/31/2025. Plaintiff's Reply due by 1/2/2026. (zalh)

Set/Reset Deadlines

Memorandum in opposition to re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by CENTERS FOR DISEASE CONTROL AND PREVENTION, THOMAS J. ENGELS, HEALTH RESOURCES AND SERVICES ADMINISTRATION, ROBERT F. KENNEDY, JR, JIM O'NEILL, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Exhibit)(Georgiev-Remmel, Dimitar) (Entered: 12/31/2025)

1 Declaration

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2 Declaration

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3 Exhibit

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REPLY to opposition to motion re 2 Motion for TRO,, Motion for Preliminary Injunction, filed by AMERICAN ACADEMY OF PEDIATRICS. (Salzman, Joshua) (Entered: 01/02/2026)

MOTION to Reschedule Hearing by CENTERS FOR DISEASE CONTROL AND PREVENTION, THOMAS J. ENGELS, HEALTH RESOURCES AND SERVICES ADMINISTRATION, ROBERT F. KENNEDY, JR, JIM O'NEILL, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(mg) (Entered: 01/05/2026)

1 Text of Proposed Order

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.Order

MINUTE ORDER (paperless) DIRECTING the parties to appear for a hearing on plaintiff's 2 Motion for Temporary Restraining Order or, in the alternative, Preliminary Injunction, on January 8, 2026, at 10 A.M. in Courtroom 26A. Signed by Judge Beryl A. Howell on January 5, 2026. (lcbah4)

Notice of Hearing

Set/Reset Hearings

Order on Motion for Hearing

Set/Reset Hearings: Motion Hearing set for 1/8/2026 at 10:00 AM in Courtroom 26A- In Person before Judge Beryl A. Howell. (mac)

NOTICE: Members of the public or media who wish to listen to live audio of the hearing scheduled for January 8, 2026 at 10:00AM ET, without physically attending the proceeding, may do so by dialing the Toll Free Number: 833-990-9400, Meeting ID: 491822013. Any use of the public access telephone line requires adherence to the general prohibition against photographing, recording, livestreaming, and rebroadcasting of court proceedings (including those held by telephone or videoconference), as set out in Standing Order No. 24-31 (JEB). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or other sanctions deemed necessary by the Court. (mac)

NOTICE: Members of the public or media who wish to listen to live audio of the hearing scheduled for January 6, 2026 at 2:00PM ET, without physically attending the proceeding, may do so by dialing the Toll Free Number: 833-990-9400, Meeting ID: 491822013. Any use of the public access telephone line requires adherence to the general prohibition against photographing, recording, livestreaming, and rebroadcasting of court proceedings (including those held by telephone or videoconference), as set out in Standing Order No. 24-31 (JEB). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or other sanctions deemed necessary by the Court. (mac)

MINUTE ORDER (paperless) GRANTING defendants' unopposed 18 Motion to Reschedule Hearing; and RESCHEDULING the hearing on plaintiff's 2 Motion for Temporary Restraining Order or, in the alternative, Preliminary Injunction, for January 6, 2026, at 2 P.M. in Courtroom 26A. Signed by Judge Beryl A. Howell on January 5, 2026. (lcbah4)

Set/Reset Hearings

Set/Reset Hearings: Motion Hearing set for 1/6/2026 at 2:00 PM in Courtroom 26A- In Person before Judge Beryl A. Howell. (mac)

Motion Hearing

Minute Entry for proceedings held before Judge Beryl A. Howell: Motion Hearing held on 1/6/2026 re 2 Motion for Temporary Restraining Order and Motion for Preliminary Injunction. The Court Heard Oral Arguments From The Parties. The Court Will Reserve Judgment. (Court Reporter ELIZABETH DAVILA.) (mac)

TRANSCRIPT OF PROCEEDINGS before Judge Beryl A. Howell, held on 1-06-2026; Page Numbers: 1 - 78. Date of Issuance: 1-07-2026. 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 1/28/2026. Redacted Transcript Deadline set for 2/7/2026. Release of Transcript Restriction set for 4/7/2026.(Davila, Elizabeth) (Entered: 01/07/2026)

MOTION for Leave to File Declaration of Allyson R. Scher in Support of Plaintiffs Motion for Temporary Restraining Order or, in the Alternative, Preliminary Injunction by AMERICAN ACADEMY OF PEDIATRICS. (Attachments: # 1 Declaration of Allyson R. Scher in Support of Plaintiffs Motion for Temporary Restraining Order or, in the Alternative, Preliminary Injunction, # 2 Appendix Exhibit Index, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit 31)(Scher, Allyson) (Entered: 01/07/2026)

DECLARATION by AMERICAN ACADEMY OF PEDIATRICS re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction . (Attachments: # 1 Appendix Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31)(mg) (Entered: 01/08/2026)

Order on Motion for Leave to File

MINUTE ORDER (paperless) GRANTING plaintiff's unopposed 20 Motion for Leave to File Declaration of Allyson R. Scher. Signed by Judge Beryl A. Howell on January 7, 2026. (lcbah4)

ORDER GRANTING plaintiff's 2 Motion for Temporary Restraining Order, or, in the Alternative, Motion for Preliminary Injunction. See Memorandum Opinion for further details. Signed by Judge Beryl A. Howell on January 11, 2026. (lcbah4) (Entered: 01/11/2026)

MEMORANDUM OPINION regarding plaintiff's 2 Motion for Temporary Restraining Order, or, in the Alternative, Motion for Preliminary Injunction. Signed by Judge Beryl A. Howell on January 11, 2026. (lcbah4) (Entered: 01/11/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/8/2026. (Salzman, Joshua) (Entered: 01/12/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR DISEASE CONTROL AND PREVENTION served on 1/12/2026 (Salzman, Joshua) (Entered: 01/12/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. THOMAS J. ENGELS served on 1/8/2026 (Salzman, Joshua) (Entered: 01/12/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 1/7/2026 (Salzman, Joshua) (Entered: 01/12/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JIM O'NEILL served on 1/12/2026 (Salzman, Joshua) (Entered: 01/12/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. HEALTH RESOURCES AND SERVICES ADMINISTRATION served on 1/8/2026 (Salzman, Joshua) (Entered: 01/12/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ROBERT F. KENNEDY, JR served on 1/7/2026 (Salzman, Joshua) (Entered: 01/12/2026)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/8/2026. Answer due for ALL FEDERAL DEFENDANTS by 3/9/2026. (Salzman, Joshua) (Entered: 01/12/2026)

Set/Reset Deadlines

Set/Reset Deadlines: Defendants Status Report due no later than 5:00PM on 1/13/2026 (mac)

STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, THOMAS J. ENGELS, HEALTH RESOURCES AND SERVICES ADMINISTRATION, ROBERT F. KENNEDY, JR, JIM O'NEILL, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit)(Levy, Brian) (Entered: 01/13/2026)