Case: Van Duyne v. Centers for Disease Control and Prevention

COMPLAINT against All Defendants filed by Elizabeth (Beth) Van Duyne. (Filing fee $402; Receipt number 0539-12605118) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (Miller, Matthew) (Entered: 02/16/2022)

1 Cover Sheet

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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Elizabeth (Beth) Van Duyne. (Miller, Matthew) (Entered: 02/16/2022)

MOTION for Preliminary Injunction filed by Elizabeth (Beth) Van Duyne with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Miller, Matthew) Docket text modified on 2/23/2022 (twd). (Entered: 02/16/2022)

1 Proposed Order

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New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (sre) (Entered: 02/16/2022)

Summons issued as to Xavier Becerra, Sherri A Berger, Centers for Disease Control and Prevention, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky, U.S. Attorney, and U.S. Attorney General. (sre) (Entered: 02/16/2022)

ORDER: On February 16, 2022, Plaintiffs filed a Complaint (ECF No. 1 ) and Motion for Preliminary Injunction (ECF No. 3 ). The Court ORDERS Plaintiffs to meet and confer with Defendants and prepare a status report for the Court that provides a proposed briefing schedule and hearing date on the Motion. Plaintiffs shall file this report no later than February 23, 2022. (Ordered by Judge Reed C. O'Connor on 2/16/2022) (sre) (Entered: 02/16/2022)

MOTION Unopposed Motion for Leave to Appear without Local Counsel filed by Elizabeth Van Duyne (Attachments: # 1 Proposed Order) (Miller, Matthew) (Entered: 02/18/2022)

NOTICE of Attorney Appearance by Robert Earl Henneke on behalf of Elizabeth Van Duyne. (Filer confirms contact info in ECF is current.) (Henneke, Robert) (Entered: 02/21/2022)

Joint STATUS REPORT and Proposed Briefing Schedule filed by Elizabeth Van Duyne. (Miller, Matthew) (Entered: 02/23/2022)

ORDER re 3 MOTION for Preliminary Injunction: Government's Response due by 3/4/2022. Plaintiffs' Reply due by 3/9/2022. (Ordered by Judge Reed C. O'Connor on 2/23/2022) (twd) (Entered: 02/23/2022)

ORDER granting Plaintiff Van Duyne's 7 Unopposed Motion for Leave to Proceed Without Local Counsel: Accordingly, it is ORDERED that Plaintiff's counsel is required to fulfill all local counsel requirements and abide by all local rules of this Court, including the standards of litigation conduct set forth in Dondi Properties Corporation v. Commerce Savings & Loan Association, 121 F.R.D. 284 (N.D. Tex. 1988) (per curiam). It is further ORDERED that if proceeding without local counsel disrupts this litigation or otherwise results in a failure to comply with the rules of this Court, Plaintiff will be required to immediately obtain local counsel. (Ordered by Judge Reed C. O'Connor on 2/28/2022) (twd) (Entered: 02/28/2022)

NOTICE of Attorney Appearance by Stephen M Pezzi on behalf of Xavier Becerra, Sherri A Berger, Centers for Disease Control and Prevention, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky. (Filer confirms contact info in ECF is current.) (Pezzi, Stephen) (Entered: 03/04/2022)

RESPONSE filed by Xavier Becerra, Sherri A Berger, Centers for Disease Control and Prevention, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky re: 3 MOTION for Preliminary Injunction (Attachments: # 1 Ex. 1 - CDC - Transportation Mask Order, # 2 Ex. 2 - Funk & Wagnalls Dictionary, # 3 Ex. 3 - Webster's Dictionary) (Pezzi, Stephen) (Entered: 03/04/2022)

1 Ex. 1 - CDC - Transportation Mask Order

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2 Ex. 2 - Funk & Wagnalls Dictionary

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3 Ex. 3 - Webster's Dictionary

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REPLY filed by Elizabeth Van Duyne re: 3 MOTION for Preliminary Injunction (Miller, Matthew) (Entered: 03/09/2022)

ORDER: Before the Court is Plaintiff's 3 Motion for Preliminary Injunction. The Court ORDERS the parties to brief whether the Court should consolidate the preliminary injunction hearing with a trial on the merits. The parties shall submit cross briefs by March 30, 2022, and may submit response briefs by April 6. (Ordered by Judge Reed C. O'Connor on 3/17/2022) (mmw) (Entered: 03/17/2022)

NOTICE of Attorney Appearance by Nathan Anthony Curtisi on behalf of Elizabeth Van Duyne. (Filer confirms contact info in ECF is current.) (Curtisi, Nathan) (Entered: 03/21/2022)

ORDER: The Court ORDERS the parties to brief whether the Court should consolidate 4:22- cv-122 and 4:22-cv-209. The parties shall submit cross briefs by April 8 and may submit response briefs by April 15. (Ordered by Judge Reed C. O'Connor on 3/24/2022) (mmw) (Entered: 03/24/2022)

Brief/Memorandum in Support filed by Elizabeth Van Duyne re 15 Order Setting Deadline/Hearing, (Miller, Matthew) (Entered: 03/30/2022)

RESPONSE filed by Xavier Becerra, Sherri A Berger, Centers for Disease Control and Prevention, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky re: 15 Order Setting Deadline/Hearing, (Pezzi, Stephen) (Entered: 03/30/2022)

RESPONSE filed by Elizabeth Van Duyne re: 19 Response/Objection, (Miller, Matthew) (Entered: 04/06/2022)

RESPONSE filed by Xavier Becerra, Sherri A Berger, Centers for Disease Control and Prevention, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky re: 18 Brief/Memorandum in Support of Motion (Pezzi, Stephen) (Entered: 04/06/2022)

RESPONSE filed by The State of Texas re: 18 Brief/Memorandum in Support of Motion, 19 Response/Objection, (Hilton, Christopher) (Entered: 04/06/2022)

NOTICE of Attorney Appearance by Michael Joseph Gerardi on behalf of Xavier Becerra, Sherri A Berger, Centers for Disease Control and Prevention, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky. (Filer confirms contact info in ECF is current.) (Gerardi, Michael) (Entered: 04/08/2022)

RESPONSE filed by Xavier Becerra, Sherri A Berger, Centers for Disease Control and Prevention, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky re: 17 Order Setting Deadline/Hearing, (Gerardi, Michael) (Entered: 04/08/2022)

Brief/Memorandum in Support filed by Elizabeth Van Duyne re 17 Order Setting Deadline/Hearing, (Miller, Matthew) (Entered: 04/08/2022)

Unopposed MOTION to Stay Answer Deadline Pending Resolution of Dispositive Motions filed by Xavier Becerra, Sherri A Berger, Centers for Disease Control and Prevention, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky with Brief/Memorandum in Support. (Gerardi, Michael) (Entered: 04/13/2022)

ORDER granting 26 Motion to Stay deadline to respond to Plaintiffs' complaint. (Ordered by Judge Reed C. O'Connor on 4/13/2022) (chmb) (Entered: 04/13/2022)

RESPONSE filed by Elizabeth Van Duyne re: 24 Response/Objection, (Miller, Matthew) (Entered: 04/14/2022)

RESPONSE filed by Xavier Becerra, Sherri A Berger, Centers for Disease Control and Prevention, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky re: 25 Brief/Memorandum in Support of Motion (Gerardi, Michael) (Entered: 04/15/2022)

ORDER: the Court ORDERS the parties to file briefs addressing (1) what effect, if any, the Middle District of Florida's judgment has on the relief requested in this case; (2) the similarity of the arguments and requested relief between the two cases; and (3) what effect, if any, a stay of the Middle District of Florida's judgment would have on the relief requested in this case. Cross-briefs are due on April 22, 2022, and the parties may file replies on April 25. (Ordered by Judge Reed C. O'Connor on 4/18/2022) (npk) (Entered: 04/18/2022)

Brief/Memorandum in RESPONSE//Support filed by Elizabeth Van Duyne re 30 Order Setting Deadline/Hearing,, (Miller, Matthew) Modified title per PDF on 4/25/2022 (mmw). (Entered: 04/22/2022)

RESPONSE filed by Xavier Becerra, Sherri A Berger, Centers for Disease Control and Prevention, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky re: 30 Order Setting Deadline/Hearing,, (Pezzi, Stephen) (Entered: 04/22/2022)

RESPONSE filed by Elizabeth Van Duyne re: 32 Response/Objection, (Miller, Matthew) (Entered: 04/25/2022)

REPLY filed by Xavier Becerra, Sherri A Berger, Centers for Disease Control and Prevention, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky re: 30 Order Setting Deadline/Hearing,, (Pezzi, Stephen) (Entered: 04/25/2022)

NOTICE of Supplemental Authority filed by Xavier Becerra, Sherri A Berger, Centers for Disease Control and Prevention, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky (Attachments: # 1 Ex. 1 - Wall v. CDC (Order Granting Summary Judgment)) (Pezzi, Stephen) (Entered: 04/29/2022)

1 Ex. 1 - Wall v. CDC (Order Granting Summary Judgment)

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ORDER: In light of the expiration of the mask mandate, the Court ORDERS the parties to file briefs addressing (1) whether the case is moot; (2) whether Plaintiffs suffer an injury in fact; and (3) whether Plaintiffs suffer irreparable harm. Cross- briefs are due on May 19, 2022, and the parties may file replies on May 23. (Ordered by Judge Reed C. O'Connor on 5/13/2022) (mmw) (Entered: 05/13/2022)

RESPONSE filed by Xavier Becerra, Sherri A Berger, Centers for Disease Control and Prevention, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky re: 36 Order Setting Deadline/Hearing, (Attachments: # 1 Exhibit A (Transcript of Proceedings in Seklecki v CDC, 4/26/22)) (Gerardi, Michael) (Entered: 05/19/2022)

1 Exhibit A (Transcript of Proceedings in Seklecki v CDC, 4/26/22)

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Brief/Memorandum in Support filed by Elizabeth Van Duyne re 36 Order Setting Deadline/Hearing, (Miller, Matthew) (Entered: 05/19/2022)

REPLY filed by Xavier Becerra, Sherri A Berger, Centers for Disease Control and Prevention, United States Department of Health and Human Services, United States of America, Rochelle P. Walensky re: 36 Order Setting Deadline/Hearing, (Gerardi, Michael) (Entered: 05/23/2022)

RESPONSE filed by Elizabeth Van Duyne re: 37 Response/Objection, (Miller, Matthew) (Entered: 05/23/2022)

ORDER: The Court STAYS proceedings in this case and HOLDS the pending preliminary injunction motion in abeyance pending resolution of the appeal in Health Freedom. The Court DIRECTS the Clerk of Court to terminate all pending motions and close the case. Finally, the Court ORDERS the parties to file a joint status report within five days of the Eleventh Circuit's resolution of the Health Freedom appeal indicating their positions on the opinion and proposing a schedule for resolution of this case. (Ordered by Judge Reed C. O'Connor on 5/24/2022) (mmw) (Entered: 05/24/2022)

NOTICE of Attorney Appearance by Heather Lee Dyer on behalf of The State of Texas. (Filer confirms contact info in ECF is current.) (Dyer, Heather) (Entered: 07/19/2022)

NOTICE of Dismissal filed by The State of Texas, Elizabeth Van Duyne (Dyer, Heather) (Entered: 06/27/2023)