State of Missouri v. Biden

23-30445 | U.S. Court of Appeals, Fifth Circuit

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Filed July 6, 2023
Terminated Aug. 26, 2024
Judges Clement, Elrod, and Willett
Nature of Suit 2899 Other Statutes
Original Case 3:22-cv-01213
Last Updated: 2 months ago Show Interactive Timeline
Filing Date # Docket Text
8/26/2024OPINION REISSUED AS PUBLISHED. Date of Original Unpublished Opinion: 08/26/2024. Please note, this entry does not affect, or in any way alter, the time for filing a petition for rehearing as prescribed by Rule 40, nor does it alter the time for filing a petition for writ of certiorari under Rule 13 of the Rules of the Supreme Court of the United States. [23-30445] (WMJ) [Entered: 08/26/2024 03:18 PM]
8/26/2024COURT DIRECTIVE ISSUED to publish opinion [293]. [23-30445] (WMJ) [Entered: 08/26/2024 03:13 PM]
8/26/2024MANDATE ISSUED. [23-30445] (WMJ) [Entered: 08/26/2024 10:28 AM]
8/26/2024290UNPUBLISHED OPINION FILED. [23-30445 Vacated and Remanded] Judge: EBC, Judge: JWE, Judge: DRW. [23-30445] (WMJ) [Entered: 08/26/2024 10:16 AM]
8/2/2024SUPREME COURT JUDGMENT filed on 07/29/2024 remanding case to the 5th Circuit [23-30445] (MRW) [Entered: 08/02/2024 02:07 PM]
6/26/2024SUPREME COURT OPINION filed. [23-30445] (MRW) [Entered: 06/26/2024 11:16 AM]
2/5/2024LETTER OF ADVISEMENT. Reason: Supreme Court requesting record [23-30445] (RA) [Entered: 02/05/2024 01:56 PM]
12/1/2023279APPEARANCE FORM FILED by Attorney(s) Judith Vale for party(s) Amicus Curiae State of Nevada, Amicus Curiae State of Oregon, Amicus Curiae Commonwealth of Pennsylvania, Amicus Curiae State of Delaware, Amicus Curiae State of New Jersey, Amicus Curiae Commonwealth of Massachusetts, Amicus Curiae State of Minnesota, Amicus Curiae State of New Mexico, Amicus Curiae State of Hawaii, Amicus Curiae State of Vermont, Amicus Curiae State of New York, Amicus Curiae State of Arizona, Amicus Curiae State of California, Amicus Curiae District of Columbia, Amicus Curiae State of Connecticut, Amicus Curiae State of Rhode Island, Amicus Curiae State of Wisconsin, Amicus Curiae State of Colorado, Amicus Curiae State of Maine, Amicus Curiae State of Michigan, Amicus Curiae State of Illinois, in case 23-30445. [23-30445] (SEP) [Entered: 12/04/2023 03:32 PM]
12/1/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-30445] (Judith Vale ) [Entered: 12/01/2023 09:35 PM]
12/1/2023SUPREME COURT OPINION received granting petition for writ of certiorari filed by Appellants Mr. Xavier Becerra, Mr. Joseph R. Biden, Jr., Mr. Vivek H. Murthy, Department of Health & Human Services and Mr. Anthony Fauci in 23-30445 on 10/20/2023. [276] [23-30445] (SEP) [Entered: 12/01/2023 04:16 PM]
10/23/2023SUPREME COURT NOTICE that petition for writ of certiorari [274] was filed by Appellants Mr. Xavier Becerra, Mr. Joseph R. Biden, Jr., Department of Health & Human Services, Mr. Anthony Fauci and Mr. Vivek H. Murthy on 09/14/2023. Supreme Court Number: 23-411. [23-30445] (SEP) [Entered: 10/23/2023 03:42 PM]
10/3/2023MANDATE ISSUED FORTHWITH. [23-30445] (NFD) [Entered: 10/03/2023 02:02 PM]
10/3/2023
  • Motion for Judgment
JUDGMENT ENTERED AND FILED. [23-30445] (NFD) [Entered: 10/03/2023 01:41 PM]
10/3/2023PUBLISHED OPINION FILED. [23-30445 Affirmed in Part ] Judge: EBC , Judge: JWE , Judge: DRW; granting Petition for rehearing filed by Appellees State of Louisiana, State of Missouri, Mr. Aaron Kheriaty, Mr. Martin Kulldorff, Mr. Jim Hoft, Mr. Jayanta Bhattacharya and Ms. Jill Hines [249] [23-30445] (This opinion includes URL material that is archived by the Fifth Circuit Court of Appeals Library, and made available at http://www.lb5.uscourts.gov/ArchivedURLS/.) (NFD) [Entered: 10/03/2023 01:37 PM]
10/3/2023266OPINION WITHDRAWN. [239], [238] [23-30445] (NFD) [Entered: 10/03/2023 01:20 PM]
9/28/2023
  • Response
RESPONSE/OPPOSITION [262] filed by Mr. Joseph R. Biden, Jr., Mr. Xavier Becerra, Department of Health & Human Services, Mr. Anthony Fauci and Mr. Vivek H. Murthy to the Petition for rehearing filed by Appellees State of Louisiana, State of Missouri, Mr. Aaron Kheriaty, Mr. Martin Kulldorff, Mr. Jim Hoft, Mr. Jayanta Bhattacharya and Ms. Jill Hines in 23-30445 [249] [256]. Response/Opposition deadline satisfied. [23-30445]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by Mr. Joseph R. Biden, Jr., Mr. Xavier Becerra, Department of Health & Human Services, Mr. Anthony Fauci and Mr. Vivek H. Murthy [262] to the filed by Appellees State of Louisiana, Mr. Jayanta Bhattacharya, Ms. Jill Hines, Mr. Jim Hoft, Mr. Aaron Kheriaty, Mr. Martin Kulldorff and State of Missouri [249] Date of Service: 09/28/2023 via email - Attorney for Amici Curiae: Barham, Bellinger, Brooks, Carson, Dalia, Ferrara, Goldstein, Greenbaum, Greene, Hamilton, Jones, Maturin, Mills, Olson, Sekulow, Sell, Theodore, Torstensen, Whitaker, Winkelman, Wirth, Zhou; Attorney for Appellants: Brewer, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Scott, Short, Vecchione, Younes. [23-30445] (Daniel Winik ) [Entered: 09/28/2023 11:41 AM]
9/26/2023
  • Motion to Stay
APPLICATION FOR STAY OF INJUNCTION FILED IN US SUPREME COURT by Vivek H. Murthy, et al. Filed on 09/14/2023. U.S. Supreme Court case No. 23A243. [23-30445] (SEP) [Entered: 09/26/2023 03:13 PM]
9/26/2023
  • Order
COURT ORDER. IT IS ORDERED that the court order entered on September 25, 2023, is withdrawn. IT IS FURTHER ORDERED that the mandate issued forthwith, on September 11, 2023, is recalled. IT IS FURTHER ORDERED that the Appellants are directed to file a response to the petition for rehearing by September 28, 2023, at 12:00 p.m. IT IS FURTHER ORDERED that the preliminary injunction issued on July 4, 2023, by the United States District Court for the Western District of Louisiana will remain STAYED pending resolution of Appellees' petition for panel rehearing. [249] [249] Response/Opposition due on 09/28/2023 by 12:00 p.m. [23-30445] (SEP) [Entered: 09/26/2023 09:46 AM]
9/25/2023WITHDRAWN PER 09/26/2023 COURT ORDER - COURT ORDER granting Petition for rehearing filed by Appellees State of Louisiana, State of Missouri, Mr. Aaron Kheriaty, Mr. Martin Kulldorff, Mr. Jim Hoft, Mr. Jayanta Bhattacharya and Ms. Jill Hines. [249] [23-30445] (SEP) [Entered: 09/25/2023 01:37 PM]
9/22/2023PETITION filed by Appellees Mr. Jayanta Bhattacharya, Ms. Jill Hines, Mr. Jim Hoft, Mr. Aaron Kheriaty, Mr. Martin Kulldorff, State of Louisiana and State of Missouri for rehearing. [249] Number of Copies: 0. Date of Service: 09/22/2023. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: PETITION filed by Appellee State of Louisiana for rehearing [249]. Date of Service: 09/22/2023 via email - Attorney for Amici Curiae: Barham, Bellinger, Brooks, Carson, Dalia, Ferrara, Goldstein, Greenbaum, Greene, Hamilton, Jones, Maturin, Mills, Olson, Sekulow, Sell, Theodore, Torstensen, Whitaker, Winkelman, Wirth, Zhou; Attorney for Appellants: Brewer, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Scott, Short, Vecchione, Younes [23-30445] (Dean John Sauer ) [Entered: 09/22/2023 05:54 PM]
9/11/2023MANDATE ISSUED FORTHWITH. Mandate issue date satisfied. [23-30445] (SEP) [Entered: 09/11/2023 04:01 PM]
9/11/2023
  • Motion to StayDenied
COURT ORDER denying Motion for a stay of the preliminary injunction pending the issuance of the mandate filed by Appellants Mr. Xavier Becerra, Mr. Joseph R. Biden, Jr., Mr. Vivek H. Murthy, Department of Health & Human Services and Mr. Anthony Fauci [241]; granting alternative Motion to issue the mandate forthwith filed by Appellants Mr. Xavier Becerra, Mr. Joseph R. Biden, Jr., Mr. Vivek H. Murthy, Department of Health & Human Services and Mr. Anthony Fauci. [241] [23-30445] (SEP) [Entered: 09/11/2023 03:55 PM]
9/11/2023
  • Motion to Stay
OPPOSED MOTION for partial stay of the preliminary injunction pending the issuance of the mandate; [241] alternatively, to issue the mandate forthwith [241]. Ruling is requested by 09/13/2023. Date of service: 09/11/2023. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellants Mr. Joseph R. Biden, Jr., Mr. Xavier Becerra, Department of Health & Human Services, Mr. Anthony Fauci and Mr. Vivek H. Murthy for stay pending appeal [241] Ruling is requested by: 09/13/2023, to issue the mandate forthwith [241]. Date of service: 09/11/2023 via email - Attorney for Amici Curiae: Barham, Bellinger, Brooks, Carson, Dalia, Ferrara, Greenbaum, Greene, Hamilton, Jones, Maturin, Mills, Olson, Sekulow, Sell, Theodore, Torstensen, Whitaker, Winkelman, Wirth, Zhou; Attorney for Appellants: Brewer, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Scott, Short, Vecchione, Younes [23-30445] (Daniel Winik ) [Entered: 09/11/2023 01:27 PM]
9/8/2023239
  • Motion for Judgment
JUDGMENT ENTERED AND FILED. Costs Taxed Against: Each party to bear own costs. [23-30445] (WITHDRAWN 10/03/23) (CCR) [Entered: 09/08/2023 04:40 PM]
9/8/2023238PUBLISHED OPINION FILED. [23-30445 Affirmed in Part] Judge: EBC, Judge: JWE, Judge: DRW. Mandate issue date is 10/31/2023; denying Motion for stay pending appeal filed by Appellants Mr. Xavier Becerra, Mr. Joseph R. Biden, Jr., Mr. Vivek H. Murthy, Department of Health & Human Services and Mr. Anthony Fauci. (This opinion includes URL material that is archived by the Fifth Circuit Court of Appeals Library, and made available at http://www.lb5.uscourts.gov/ArchivedURLS/.) [11] [23-30445] (WITHDRAWN 10/03/2023) (CCR) [Entered: 09/08/2023 04:36 PM]
8/29/2023235APPEARANCE FORM FILED by Attorney(s) Jenin Younes for party(s) Appellee Aaron Kheriaty, Appellee Martin Kulldorff, Appellee Jill Hines, Appellee Jayanta Bhattacharya, in case 23-30445. [23-30445] (SEP) [Entered: 08/29/2023 12:54 PM]
8/29/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-30445] (Jenin Younes ) [Entered: 08/29/2023 11:48 AM]
8/18/2023DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the motion from David Christenson because it is insufficient. [23-30445] (SEP) [Entered: 08/18/2023 10:16 AM]
8/15/2023AMICUS CURIAE BRIEF FILED by Mr. Leonid Goldstein. Consent is Not Necessary as a Motion has been Granted.
# of Copies Provided: 7. [23-30445] (SEP) [Entered: 08/15/2023 04:45 PM]
8/15/2023
  • Motion to File BriefGranted
COURT ORDER granting Motion to file amicus brief filed by Mr. Leonid Goldstein [178] filed by Leonid Goldstein in 23-30445. [23-30445] (SEP) [Entered: 08/15/2023 04:25 PM]
8/15/2023226Paper copies of Brief filed by Amici Curiae Mr. Mike Johnson, Mr. Jim Jordan, Mr. Barry Moore, Mr. Thomas Massie, Ms. Kelly Armstrong, Mr. Andy Biggs, Mr. Dan Bishop, Ms. Kat Cammack, Mr. Russell Fry, Mr. Lance Gooden, Ms. Harriet Hageman and Ms. Elise Stefanik in 23-30445 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-30445] (KMP) [Entered: 08/15/2023 12:27 PM]
8/11/2023CORRECTED BRIEF filed by Amici Curiae Ms. Kelly Armstrong, Mr. Andy Biggs, Mr. Dan Bishop, Ms. Kat Cammack, Mr. Russell Fry, Mr. Lance Gooden, Ms. Harriet Hageman, Mr. Mike Johnson, Mr. Jim Jordan, Mr. Thomas Massie, Mr. Barry Moore and Ms. Elise Stefanik. Paper Copies of CORRECTED Brief due on 08/14/2023 for Amici Curiae Kelly Armstrong, Andy Biggs, Dan Bishop, Kat Cammack, Russell Fry, Lance Gooden, Harriet Hageman, Mike Johnson, Jim Jordan, Thomas Massie, Barry Moore and Elise Stefanik. [23-30445] (SEP) [Entered: 08/11/2023 04:14 PM]
8/11/2023
  • Motion to File Substitute BriefGranted
COURT ORDER granting Motion to file corrected amicus curiae brief filed by Amici Curiae Mr. Mike Johnson, Mr. Jim Jordan, Mr. Barry Moore, Mr. Thomas Massie, Ms. Kelly Armstrong, Mr. Andy Biggs, Mr. Dan Bishop, Ms. Kat Cammack, Mr. Russell Fry, Mr. Lance Gooden, Ms. Harriet Hageman and Ms. Elise Stefanik. [218] [23-30445] (SEP) [Entered: 08/11/2023 04:05 PM]
8/11/2023UNOPPOSED CORRECTED MOTION to file corrected amicus curiae brief [218]. Replaces the motion filed 08/11/2023. Date of Service: 08/11/2023. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED CORRECTED MOTION filed by Amici Curiae Ms. Kelly Armstrong, Mr. Andy Biggs, Mr. Dan Bishop, Ms. Kat Cammack, Mr. Russell Fry, Mr. Lance Gooden, Ms. Harriet Hageman, Mr. Mike Johnson, Mr. Jim Jordan, Mr. Thomas Massie, Mr. Barry Moore and Ms. Elise Stefanik to file corrected brief [218]. Replaces the motion filed 08/11/2023 Date of Service: 08/11/2023 via email - Attorney for Amici Curiae: Barham, Bellinger, Brooks, Carson, Dalia, Ferrara, Greenbaum, Greene, Hamilton, Jones, Maturin, Mills, Olson, Sekulow, Sell, Theodore, Torstensen, Whitaker, Winkelman, Wirth, Zhou; Attorney for Appellants: Brewer, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Scott, Short, Vecchione; US mail - Not Party Goldstein [23-30445] (Christopher Ernest Mills ) [Entered: 08/11/2023 02:16 PM]
8/10/2023214ORAL ARGUMENT HEARD before Judges Clement, Elrod, Willett. Arguing Person Information Updated for: Joshua M. Divine arguing for Appellee State of Missouri; Arguing Person Information Updated for: Dean John Sauer arguing for Appellees State of Louisiana, Et Al; Arguing Person Information Updated for: Daniel Bentele Hahs Tenny arguing for Appellants Joseph R. Biden, Jr.,Et Al. [23-30445] (PFT) [Entered: 08/10/2023 02:15 PM]
8/10/2023212Paper copies of Amicus Brief filed by Center for American Liberty in 23-30445 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-30445] (KMP) [Entered: 08/10/2023 11:14 AM]
8/9/2023211CASE CAPTION updated. Amicus Curiae Children's Defense Fund in 23-30445 substituted by Amicus Curiae Children's Health Defense in 23-30445. [23-30445] (SEP) [Entered: 08/09/2023 03:35 PM]
8/9/2023208Paper copies of Appellant Reply Brief filed by Appellants Mr. Xavier Becerra, Mr. Joseph R. Biden, Jr., Mr. Vivek H. Murthy, Department of Health & Human Services and Mr. Anthony Fauci in 23-30445 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-30445] (KMP) [Entered: 08/09/2023 02:12 PM]
8/9/2023207Paper copies of Amicus Brief filed by Children's Health Defense in 23-30445 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-30445] (KMP) [Entered: 08/09/2023 01:58 PM]
8/9/2023201APPEARANCE FORM FILED by Attorney Christopher Ernest Mills for Amicus Curiae Elise Stefanik in 23-30445, Attorney Christopher Ernest Mills for Amicus Curiae Barry Moore in 23-30445, Attorney Christopher Ernest Mills for Amicus Curiae Thomas Massie in 23-30445, Attorney Christopher Ernest Mills for Amicus Curiae Mike Johnson in 23-30445, Attorney Christopher Ernest Mills for Amicus Curiae Harriet Hageman in 23-30445, Attorney Christopher Ernest Mills for Amicus Curiae Lance Gooden in 23-30445, Attorney Christopher Ernest Mills for Amicus Curiae Russell Fry in 23-30445, Attorney Christopher Ernest Mills for Amicus Curiae Kat Cammack in 23-30445, Attorney Christopher Ernest Mills for Amicus Curiae Dan Bishop in 23-30445, Attorney Christopher Ernest Mills for Amicus Curiae Andy Biggs in 23-30445, Attorney Christopher Ernest Mills for Amicus Curiae Kelly Armstrong in 23-30445, Attorney Christopher Ernest Mills for Amicus Curiae Jim Jordan in 23-30445 [23-30445] (MRW) [Entered: 08/09/2023 01:36 PM]
8/9/2023199Paper copies of Amicus Brief filed by State of Florida in 23-30445 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-30445] (KMP) [Entered: 08/09/2023 01:25 PM]
8/9/2023198Paper copies of Amicus Brief filed by America's Frontline Doctors and Ms. Simone Gold in 23-30445 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-30445] (KMP) [Entered: 08/09/2023 01:21 PM]
8/9/2023197Paper copies of Amicus Brief filed by Conservative Legal Defense and Education Fund, Gun Owners Foundation, Gun Owners of America, Incorporated, Downsize DC Foundation, Downsize DC.org, Gun Owners of California, Tennessee Firearms Association, America's Future, Leadership Institute, Eagle Forum Foundation, Eagle Forum, Free Speech Coalition, Free Speech Defense and Education Fund, Public Advocate of the United States, U.S. Constitutional Rights Legal Defense Fund, One Nation Under God Foundation and The Western Journal in 23-30445 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-30445] (KMP) [Entered: 08/09/2023 01:18 PM]
8/9/2023196Paper copies of Amicus Brief filed by Mr. Mike Johnson, Mr. Jim Jordan, Mr. Barry Moore, Mr. Thomas Massie, Ms. Kelly Armstrong, Mr. Andy Biggs, Mr. Dan Bishop, Ms. Kat Cammack, Mr. Russell Fry, Mr. Lance Gooden, Ms. Harriet Hageman and Ms. Elise Stefanik in 23-30445 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-30445] (KMP) [Entered: 08/09/2023 01:12 PM]
8/8/2023205APPEARANCE FORM FILED by Attorney Glynn Shelly Maturin II for Amicus Curiae Children's Health Defense in 23-30445. Sufficient Brief deadline satisfied. [23-30445] (SEP) [Entered: 08/09/2023 01:46 PM]
8/8/2023204APPEARANCE FORM FILED by Attorney Jay A. Sekulow for Amicus Curiae American Center for Law and Justice in 23-30445. [23-30445] (SEP) [Entered: 08/09/2023 01:44 PM]
8/8/2023203APPEARANCE FORM FILED by Attorney Christopher A. Ferrara for Amicus Curiae Angela Reading in 23-30445. [23-30445] (SEP) [Entered: 08/09/2023 01:40 PM]
8/8/2023200APPEARANCE FORM FILED by Attorney(s) Brennan Tyler Brooks for party(s) Amicus Curiae Angela Reading, in case 23-30445. [23-30445] (SEP) [Entered: 08/09/2023 01:34 PM]
8/8/2023194Paper copies of Amicus Brief filed by Ms. Angela Reading in 23-30445 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-30445] (PFT) [Entered: 08/09/2023 10:20 AM]
8/8/2023
  • Reply
APPELLANT'S REPLY BRIEF FILED. Reply Brief deadline satisfied. Paper Copies of Brief due on 08/10/2023 for Appellants Xavier Becerra, Joseph R. Biden Jr., Department of Health & Human Services, Anthony Fauci and Vivek H. Murthy. [23-30445]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S REPLY BRIEF FILED by Mr. Joseph R. Biden, Jr., Mr. Xavier Becerra, Department of Health & Human Services, Mr. Anthony Fauci and Mr. Vivek H. Murthy. Date of service: 08/08/2023 via email - Attorney for Amici Curiae: Barham, Bellinger, Carson, Dalia, Ferrara, Greenbaum, Greene, Hamilton, Jones, Maturin, Mills, Olson, Sekulow, Sell, Theodore, Torstensen, Whitaker, Winkelman, Wirth, Zhou; Attorney for Appellants: Brewer, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Scott, Short, Vecchione; Not Party Goldstein [23-30445] (Daniel Winik ) [Entered: 08/08/2023 09:17 PM]
8/8/2023191APPEARANCE FORM FILED by Attorney Henry Charles Whitaker for Amicus Curiae State of Florida in 23-30445 [23-30445] (CAG) [Entered: 08/08/2023 05:41 PM]
8/8/2023190APPEARANCE FORM FILED by Attorney Peter Martin Torstensen Jr. for Amicus Curiae State of Utah in 23-30445, Attorney Peter Martin Torstensen Jr. for Amicus Curiae State of South Carolina in 23-30445, Attorney Peter Martin Torstensen Jr. for Amicus Curiae State of Nebraska in 23-30445, Attorney Peter Martin Torstensen Jr. for Amicus Curiae State of Kansas in 23-30445, Attorney Peter Martin Torstensen Jr. for Amicus Curiae State of Iowa in 23-30445, Attorney Peter Martin Torstensen Jr. for Amicus Curiae State of Idaho in 23-30445, Attorney Peter Martin Torstensen Jr. for Amicus Curiae State of Montana in 23-30445 [23-30445] (CAG) [Entered: 08/08/2023 05:38 PM]
8/8/2023189APPEARANCE FORM FILED by Attorney Jay R. Carson for Amicus Curiae The Buckeye Institute in 23-30445 [23-30445] (CAG) [Entered: 08/08/2023 05:32 PM]
8/8/2023184APPEARANCE FORM FILED by Attorney David Anthony Dalia for Amicus Curiae Simone Gold in 23-30445, Attorney David Anthony Dalia for Amicus Curiae America's Frontline Doctors in 23-30445 Sufficient Brief deadline satisfied [23-30445] (MRW) [Entered: 08/08/2023 03:00 PM]
8/8/2023177Paper copies of Amicus Brief filed by Amicus Curiae American Center for Law and Justice in 23-30445 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-30445] (KMP) [Entered: 08/08/2023 02:26 PM]
8/8/2023176Paper copies of Amicus Brief filed by Amicus Curiae The Buckeye Institute in 23-30445 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-30445] (KMP) [Entered: 08/08/2023 02:24 PM]
8/8/2023175Paper copies of Amicus Brief filed by State of Montana, State of South Carolina, State of Utah, State of Kansas, State of Nebraska, State of Iowa and State of Idaho in 23-30445 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-30445] (KMP) [Entered: 08/08/2023 02:23 PM]
8/8/2023174Paper copies of Amicus Brief filed by Alliance Defending Freedom in 23-30445 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-30445] (KMP) [Entered: 08/08/2023 02:18 PM]
8/8/2023173Paper copies of Record Excerpts filed by Appellees State of Louisiana, State of Missouri, Mr. Aaron Kheriaty, Mr. Martin Kulldorff, Mr. Jim Hoft, Mr. Jayanta Bhattacharya and Ms. Jill Hines in 23-30445 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [23-30445] (KMP) [Entered: 08/08/2023 01:45 PM]
8/8/2023171APPEARANCE FORM FILED by Attorney Eric Arthur Sell for Amicus Curiae Center for American Liberty in 23-30445 [23-30445] (MRW) [Entered: 08/08/2023 01:32 PM]
8/8/2023APPEARANCE FORM received from Mr. Glynn Shelly Maturin, II for Children's Health Defense for the court's review. Lead Counsel? Yes. [23-30445] (Glynn Shelly Maturin II) [Entered: 08/08/2023 01:32 PM]
8/8/2023168APPEARANCE FORM FILED by Attorney Travis Christopher Barham for Amicus Curiae Alliance Defending Freedom in 23-30445 Sufficient Brief deadline satisfied [23-30445] (MRW) [Entered: 08/08/2023 01:27 PM]
8/8/2023165Paper copies of Appellee Brief filed by Appellees State of Louisiana, State of Missouri, Mr. Aaron Kheriaty, Mr. Martin Kulldorff, Mr. Jim Hoft, Mr. Jayanta Bhattacharya and Ms. Jill Hines in 23-30445 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-30445] (KMP) [Entered: 08/08/2023 12:11 PM]
8/8/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-30445] (Jay A. Sekulow ) [Entered: 08/08/2023 10:20 AM]
8/8/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-30445] (Christopher A. Ferrara ) [Entered: 08/08/2023 09:34 AM]
8/8/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-30445] (Brennan Tyler Brooks ) [Entered: 08/08/2023 09:05 AM]
8/7/2023DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the Motion to Intervene submitted by David Andrew Christenson because the motion to intervene is insufficient. [23-30445] (SEP) [Entered: 08/11/2023 01:43 PM]
8/7/2023187APPEARANCE FORM FILED by Attorney(s) Gene Patrick Hamilton for party(s) Amicus Curiae Lance Gooden, Amicus Curiae Kelly Armstrong, Amicus Curiae Thomas Massie, Amicus Curiae Elise Stefanik, Amicus Curiae Jim Jordan, Amicus Curiae Andy Biggs, Amicus Curiae Dan Bishop, Amicus Curiae Russell Fry, Amicus Curiae Kat Cammack, Amicus Curiae Barry Moore, Amicus Curiae Mike Johnson, Amicus Curiae Harriet Hageman, in case 23-30445. [23-30445] (SEP) [Entered: 08/08/2023 04:23 PM]
8/7/2023186APPEARANCE FORM FILED by Attorney William Jeffrey Olson for Amicus Curiae Conservative Legal Defense and Education Fund in 23-30445, Attorney William Jeffrey Olson for Amicus Curiae The Western Journal in 23-30445, Attorney William Jeffrey Olson for Amicus Curiae Eagle Forum Foundation in 23-30445, Attorney William Jeffrey Olson for Amicus Curiae Eagle Forum in 23-30445, Attorney William Jeffrey Olson for Amicus Curiae Downsize DC Foundation in 23-30445, Attorney William Jeffrey Olson for Amicus Curiae Downsize DC.org in 23-30445, Attorney William Jeffrey Olson for Amicus Curiae One Nation Under God Foundation in 23-30445, Attorney William Jeffrey Olson for Amicus Curiae Leadership Institute in 23-30445, Attorney William Jeffrey Olson for Amicus Curiae U.S. Constitutional Rights Legal Defense Fund in 23-30445, Attorney William Jeffrey Olson for Amicus Curiae Public Advocate of the United States in 23-30445, Attorney William Jeffrey Olson for Amicus Curiae Tennessee Firearms Association in 23-30445, Attorney William Jeffrey Olson for Amicus Curiae Gun Owners of California in 23-30445, Attorney William Jeffrey Olson for Amicus Curiae Gun Owners Foundation in 23-30445, Attorney William Jeffrey Olson for Amicus Curiae Gun Owners of America, Incorporated in 23-30445, Attorney William Jeffrey Olson for Amicus Curiae Free Speech Defense and Education Fund in 23-30445, Attorney William Jeffrey Olson for Amicus Curiae Free Speech Coalition in 23-30445, Attorney William Jeffrey Olson for Amicus Curiae America's Future in 23-30445. [23-30445] (SEP) [Entered: 08/08/2023 04:14 PM]
8/7/2023DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the Motion for leave to file amicus brief, on behalf of Children's Health Defense, and the appearance form for attorney G. Shelly Maturin, II because the motion is unnecessary as consent was given to file the amicus brief. Additionally, attorney Maturin must file his appearance form separately, using the docketing event "Attorney Appearance Filed" which can be found under the "Miscellaneous" category. [23-30445] (SEP) [Entered: 08/08/2023 12:58 PM]
8/7/2023161AMICUS CURIAE BRIEF FILED by Ms. Elise Stefanik, Mr. Barry Moore, Mr. Thomas Massie, Mr. Mike Johnson, Ms. Harriet Hageman, Mr. Lance Gooden, Mr. Russell Fry, Ms. Kat Cammack, Mr. Dan Bishop, Mr. Andy Biggs, Ms. Kelly Armstrong and Mr. Jim Jordan. The Consent is Included in the Brief.
# of Copies Provided: 0.
Paper Copies of Brief due on 08/09/2023 for Amici Curiae Jim Jordan, Kelly Armstrong, Andy Biggs, Dan Bishop, Kat Cammack, Russell Fry, Lance Gooden, Harriet Hageman, Mike Johnson, Thomas Massie, Barry Moore and Elise Stefanik. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Representatives Jim Jordan, Kelly Armstrong, Andy Biggs, Dan Bishop, Kat Cammack, Russell Fry, Lance Gooden, Harriet Hageman, Mike Johnson, Thomas Massie, Barry Moore, and Elise Stefanik. Date of service: 08/07/2023 via email - Attorney for Amici Curiae: Barham, Bellinger, Carson, Dalia, Greenbaum, Greene, Jones, Sekulow, Sell, Theodore, Torstensen, Whitaker, Winkelman, Wirth, Zhou; Attorney for Appellants: Brewer, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Scott, Short, Vecchione [23-30445] (Christopher Ernest Mills ) [Entered: 08/07/2023 08:19 PM]
8/7/2023AMICUS CURIAE BRIEF FILED by Children's Health Defense. The Consent is Included in the Brief.
Brief NOT Sufficient: An appearance form from counsel signing the brief is required (G. Shelly Maturin, II). Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0.
Sufficient Brief due on 08/09/2023 for Amicus Curiae Children's Health Defense. Paper Copies of Brief due on 08/09/2023 for Amicus Curiae Children's Health Defense. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Childrens' Health Defense. Date of service: 08/07/2023 via email - Attorney for Amici Curiae: Barham, Bellinger, Carson, Dalia, Greenbaum, Greene, Jones, Sekulow, Sell, Theodore, Torstensen, Whitaker, Winkelman, Wirth, Zhou; Attorney for Appellants: Brewer, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Scott, Short, Vecchione [23-30445] (Glynn Shelly Maturin II) [Entered: 08/07/2023 08:12 PM]
8/7/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-30445] (Christopher Ernest Mills ) [Entered: 08/07/2023 08:05 PM]
8/7/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-30445] (Gene Patrick Hamilton ) [Entered: 08/07/2023 07:53 PM]
8/7/2023AMICUS CURIAE BRIEF FILED by Ms. Angela Reading. The Consent is Included in the Brief.
# of Copies Provided: 0.
Paper Copies of Brief due on 08/09/2023 for Amicus Curiae Angela Reading. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Angela Reading. Date of service: 08/07/2023 via email - Attorney for Amici Curiae: Barham, Bellinger, Carson, Dalia, Greenbaum, Greene, Jones, Sekulow, Sell, Theodore, Torstensen, Whitaker, Winkelman, Wirth, Zhou; Attorney for Appellants: Brewer, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Scott, Short, Vecchione [23-30445] (Christopher A. Ferrara ) [Entered: 08/07/2023 06:48 PM]
8/7/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-30445] (William Jeffrey Olson ) [Entered: 08/07/2023 04:54 PM]
8/7/2023AMICUS CURIAE BRIEF FILED by Conservative Legal Defense and Education Fund, The Western Journal, Eagle Forum Foundation, Eagle Forum, Downsize DC Foundation, Downsize DC.org, One Nation Under God Foundation, Leadership Institute, U.S. Constitutional Rights Legal Defense Fund, Public Advocate of the United States, Tennessee Firearms Association, Gun Owners of California, Gun Owners Foundation, Gun Owners of America, Incorporated, Free Speech Defense and Education Fund, Free Speech Coalition and America's Future. The Consent is Included in the Brief.
# of Copies Provided: 0.
Paper Copies of Brief due on 08/09/2023 for Amici Curiae America's Future, Free Speech Coalition, Free Speech Defense and Education Fund, Gun Owners of America, Incorporated, Gun Owners Foundation, Gun Owners of California, Tennessee Firearms Association, Public Advocate of the United States, U.S. Constitutional Rights Legal Defense Fund, Leadership Institute, One Nation Under God Foundation, Downsize DC.org, Downsize DC Foundation, Eagle Forum, Eagle Forum Foundation, The Western Journal and Conservative Legal Defense and Education Fund. [23-30445]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by America's Future, et al.. Date of service: 08/07/2023 via email - Attorney for Amici Curiae: Barham, Bellinger, Carson, Dalia, Greenbaum, Greene, Jones, Sekulow, Sell, Theodore, Torstensen, Whitaker, Winkelman, Wirth, Zhou; Attorney for Appellants: Brewer, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Scott, Short, Vecchione [23-30445] (William Jeffrey Olson ) [Entered: 08/07/2023 04:38 PM]
8/7/2023153APPEARANCE FORM FILED by Attorney(s) Stephen K. Wirth for party(s) Amicus Curiae Renee DiResta, Amicus Curiae Alex Stamos, Amicus Curiae Leland Stanford Junior University, in case 23-30445. [23-30445] (SEP) [Entered: 08/07/2023 04:26 PM]
8/7/2023152APPEARANCE FORM FILED by Attorney(s) R. Stanton Jones for party(s) Amicus Curiae Renee DiResta, Amicus Curiae Alex Stamos, Amicus Curiae Leland Stanford Junior University, in case 23-30445. [23-30445] (SEP) [Entered: 08/07/2023 04:23 PM]
8/7/2023151APPEARANCE FORM FILED by Attorney(s) Elisabeth S. Theodore for party(s) Amicus Curiae Renee DiResta, Amicus Curiae Alex Stamos, Amicus Curiae Leland Stanford Junior University, in case 23-30445. [23-30445] (SEP) [Entered: 08/07/2023 04:21 PM]
8/7/2023150APPEARANCE FORM FILED by Attorney John B. Bellinger III for Amicus Curiae Renee DiResta in 23-30445, Attorney John B. Bellinger III for Amicus Curiae Alex Stamos in 23-30445, Attorney John B. Bellinger III for Amicus Curiae Leland Stanford Junior University in 23-30445. [23-30445] (SEP) [Entered: 08/07/2023 04:18 PM]
8/7/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-30445] (David Anthony Dalia ) [Entered: 08/07/2023 04:08 PM]
8/7/2023APPEARANCE FORM received from Mr. Travis Christopher Barham for Alliance Defending Freedom for the court's review. Lead Counsel? Yes. [23-30445] (Travis Christopher Barham ) [Entered: 08/07/2023 03:45 PM]
8/7/2023PROPOSED SUFFICIENT BRIEF filed by Amicus Curiae The Buckeye Institute [132] Date of service: 08/07/2023 via email - Attorney for Amici Curiae: Barham, Carson, Dalia, Greenbaum, Greene, Sekulow, Torstensen, Winkelman, Zhou; Attorney for Not Party: Bellinger; Attorney for Appellants: Brewer, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Scott, Short, Vecchione [23-30445] (Jay R. Carson ) [Entered: 08/07/2023 03:37 PM]
8/7/2023145Paper copies of Amicus Brief filed by Amici Curiae Leland Stanford Junior University, Mr. Alex Stamos and Mr. Renee DiResta in 23-30445 received. Paper copies match electronic version of document? Yes. # of Copies Provided: 7. [23-30445] (SEP) [Entered: 08/07/2023 03:33 PM]
8/7/2023AMICUS CURIAE BRIEF FILED by Mr. Renee DiResta, Leland Stanford Junior University and Mr. Alex Stamos. Consent is Not Necessary as a Motion has been Granted.
# of Copies Provided: 0. [23-30445] (SEP) [Entered: 08/07/2023 03:30 PM]
8/7/2023
  • Motion to File BriefGranted
COURT ORDER granting Motion to file amicus brief filed by Leland Stanford Junior University, Mr. Alex Stamos and Mr. Renee DiResta [74] in 23-30445. [23-30445] (SEP) [Entered: 08/07/2023 03:22 PM]
8/7/2023AMICUS CURIAE BRIEF FILED by Center for American Liberty. The Consent is Included in the Brief.
# of Copies Provided: 0.
Paper Copies of Brief due on 08/08/2023 for Amicus Curiae Center for American Liberty. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by CENTER FOR AMERICAN LIBERTY. Date of service: 08/07/2023 via email - Attorney for Amici Curiae: Barham, Carson, Dalia, Greenbaum, Greene, Sekulow, Torstensen, Winkelman, Zhou; Attorney for Not Party: Bellinger; Attorney for Appellants: Brewer, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Scott, Short, Vecchione [23-30445] (Eric Arthur Sell ) [Entered: 08/07/2023 03:08 PM]
8/7/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-30445] (Eric Arthur Sell ) [Entered: 08/07/2023 03:04 PM]
8/7/2023AMICUS CURIAE BRIEF FILED by State of Florida. Consent is Not Necessary as Amicus is a Government Entity.
# of Copies Provided: 0.
Paper Copies of Brief due on 08/08/2023 for Amicus Curiae State of Florida. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by State of Florida. Date of service: 08/07/2023 via email - Attorney for Amici Curiae: Barham, Carson, Dalia, Greenbaum, Greene, Sekulow, Torstensen, Winkelman, Zhou; Attorney for Not Party: Bellinger; Attorney for Appellants: Brewer, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Scott, Short, Vecchione [23-30445] (Henry Charles Whitaker ) [Entered: 08/07/2023 02:52 PM]
8/7/2023AMICUS CURIAE BRIEF FILED by Alliance Defending Freedom. The Consent is Included in the Brief.
Brief NOT Sufficient: An appearance form from counsel signing the brief is required (Travis C. Barham). Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0.
Sufficient Brief due on 08/08/2023 for Amicus Curiae Alliance Defending Freedom. Paper Copies of Brief due on 08/08/2023 for Amicus Curiae Alliance Defending Freedom. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Alliance Defending Freedom. Date of service: 08/07/2023 via email - Attorney for Not Party: Bellinger; Attorney for Appellants: Brewer, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Scott, Short, Vecchione; Attorney for Amici Curiae: Dalia, Greenbaum, Greene, Sekulow, Winkelman, Zhou [23-30445] (Travis Christopher Barham ) [Entered: 08/07/2023 02:22 PM]
8/7/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-30445] (Henry Charles Whitaker ) [Entered: 08/07/2023 02:17 PM]
8/7/2023AMICUS CURIAE BRIEF FILED by State of Utah, State of South Carolina, State of Nebraska, State of Kansas, State of Iowa, State of Idaho and State of Montana. Consent is Not Necessary as Amicus is a Government Entity.
# of Copies Provided: 0.
Paper Copies of Brief due on 08/08/2023 for Amici Curiae State of Montana, State of Idaho, State of Iowa, State of Kansas, State of Nebraska, State of South Carolina and State of Utah. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by States of Montana, Idaho, Iowa, Kansas, Nebraska, South Carolina, and Utah. Date of service: 08/07/2023 via email - Attorney for Not Party: Bellinger; Attorney for Appellants: Brewer, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Scott, Short, Vecchione; Attorney for Amici Curiae: Greenbaum, Greene, Sekulow, Winkelman, Zhou [23-30445] (Peter Martin Torstensen Jr.) [Entered: 08/07/2023 01:58 PM]
8/7/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-30445] (Peter Martin Torstensen Jr.) [Entered: 08/07/2023 01:52 PM]
8/7/2023SUFFICIENT AMICUS CURIAE BRIEF FILED by The Buckeye Institute. The Consent is Included in the Brief.
# of Copies Provided: 0.
Sufficient Brief deadline satisfied. Paper Copies of Brief due on 08/08/2023 for Amicus Curiae The Buckeye Institute. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by The Buckeye Institute. The Consent is Included in the Brief. Brief NOT Sufficient: Missing a Certificate of Interested Parties. Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0. Sufficient Brief due on 08/08/2023 for Amicus Curiae The Buckeye Institute. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by The Buckeye Institute. Date of service: 08/07/2023 via email - Attorney for Not Party: Bellinger; Attorney for Appellants: Brewer, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Scott, Short, Vecchione; Attorney for Amici Curiae: Greenbaum, Greene, Sekulow, Winkelman, Zhou [23-30445] (Jay R. Carson ) [Entered: 08/07/2023 01:47 PM]
8/7/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-30445] (Jay R. Carson ) [Entered: 08/07/2023 01:41 PM]
8/7/2023Attorney Mr. Jay A. Sekulow, Esq. for Amicus Curiae American Center for Law and Justice is reminded that the paper copies of his previously filed amicus brief were requested on 8/4/23. Instead, he has submitted his electronic copy of said brief under the appearance form filing event . [23-30445] (LBM) [Entered: 08/07/2023 12:57 PM]
8/7/2023AMICUS CURIAE BRIEF FILED by Ms. Simone Gold and America's Frontline Doctors. The Consent is Included in the Brief.
Brief NOT Sufficient: An appearance form from counsel signing the brief is required (David A. Dalia). Instructions to Attorney: PLEASE READ THE ATTACHED NOTICE FOR INSTRUCTIONS ON HOW TO REMEDY THE DEFAULT. # of Copies Provided: 0.
Sufficient Brief due on 08/08/2023 for Amici Curiae America's Frontline Doctors and Simone Gold. Paper Copies of Brief due on 08/08/2023 for Amici Curiae America's Frontline Doctors and Simone Gold. [23-30445]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by America's Frontline Doctors and Dr. Simone Gold, M.D., J.D.. Date of service: 08/07/2023 via email - Attorney for Not Party: Bellinger; Attorney for Appellants: Brewer, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Scott, Short, Vecchione; Attorney for Amici Curiae: Greenbaum, Greene, Sekulow, Winkelman, Zhou [23-30445] (David Anthony Dalia ) [Entered: 08/07/2023 12:17 PM]
8/4/2023
  • Motion to File Brief
UNOPPOSED MOTION by Party Leonid Goldstein to file amicus brief [178]. Date of service: 08/03/2023. [23-30445] (SEP) [Entered: 08/08/2023 02:34 PM]
8/4/2023RECORD EXCERPTS FILED by Appellees Mr. Jayanta Bhattacharya, Ms. Jill Hines, Mr. Jim Hoft, Mr. Aaron Kheriaty, Mr. Martin Kulldorff, State of Louisiana and State of Missouri. # of Copies Provided: 0. Paper Copies of Record Excerpts due on 08/08/2023 for Appellees Jayanta Bhattacharya, Jill Hines, Jim Hoft, Aaron Kheriaty, Martin Kulldorff, State of Louisiana and State of Missouri. [23-30445] (SEP) [Entered: 08/07/2023 01:46 PM]
8/4/2023DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the record excerpts received from Appellees Mr. Jayanta Bhattacharya, Ms. Jill Hines, Mr. Jim Hoft, Mr. Aaron Kheriaty, Mr. Martin Kulldorff, State of Louisiana and State of Missouri because the record excerpts should not be uploaded to the "Appellee's Brief Filed Event". They should have been separately filed as "Record Excerpts Filed". Due to the expedited nature of this case, the Clerk's Office will correct this filing. [23-30445] (SEP) [Entered: 08/07/2023 01:35 PM]
8/4/2023APPELLEES' BRIEF FILED by Mr. Jayanta Bhattacharya, Ms. Jill Hines, Mr. Jim Hoft, Mr. Aaron Kheriaty, Mr. Martin Kulldorff, State of Louisiana and State of Missouri. # of Copies Provided: 0. E/Res's Brief deadline satisfied. Paper Copies of Brief due on 08/08/2023 for Appellees Jayanta Bhattacharya, Jill Hines, Jim Hoft, Aaron Kheriaty, Martin Kulldorff, State of Louisiana and State of Missouri. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLEE'S BRIEF FILED by State of Louisiana. Date of service: 08/04/2023 via email - Attorney for Not Party: Bellinger; Attorney for Appellants: Brewer, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Scott, Short, Vecchione; Attorney for Amici Curiae: Greenbaum, Greene, Sekulow, Winkelman, Zhou [23-30445] (Dean John Sauer ) [Entered: 08/04/2023 06:45 PM]
8/4/2023DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the proposed amicus brief submitted by pro-se Leonid Goldstein because an amicus brief cannot be filed without leave of court or consent of all parties. [23-30445] (SEP) [Entered: 08/04/2023 04:07 PM]
8/4/2023AMICUS CURIAE BRIEF FILED by American Center for Law and Justice. Consent is Not Necessary as a Motion has been Granted.
# of Copies Provided: 0.
Paper Copies of Brief due on 08/07/2023 for Amicus Curiae American Center for Law and Justice. [23-30445] (SEP) [Entered: 08/04/2023 03:21 PM]
8/4/2023
  • Motion to File BriefGranted
COURT ORDER granting Motion to file amicus brief filed by American Center for Law and Justice, in support of the appellees, [110] filed by American Center for Law and Justice in 23-30445. [23-30445] (SEP) [Entered: 08/04/2023 03:10 PM]
8/4/2023DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the proposed amicus curiae brief received from the American Center for Law and Justice because the brief should not have been separately filed. The proposed brief should have been uploaded, as an additional attachment, to the motion for leave to file amicus. The Clerk's Office has corrected this. If the motion is granted, the amicus brief will be filed on the docket at that time. [23-30445] (SEP) [Entered: 08/04/2023 01:04 PM]
8/4/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-30445] (Jay A. Sekulow ) [Entered: 08/04/2023 12:48 PM]
8/4/2023
  • Motion
UNOPPOSED MOTION by American Center for Law and Justice to file amicus brief. [110] Date of Service: 08/04/2023. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION by American Center for Law and Justice to file amicus brief [110] Date of service: 08/04/2023 via email - Attorney for Not Party: Bellinger; Attorney for Appellants: Brewer, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Scott, Short, Vecchione; Attorney for Amici Curiae: Greenbaum, Greene, Winkelman, Zhou [23-30445] (Jay A. Sekulow ) [Entered: 08/04/2023 12:32 PM]
8/1/2023107Paper copies of Amicus Brief filed by State of Connecticut, State of Illinois, State of Oregon, State of Delaware, State of Nevada, State of Wisconsin, State of New Mexico, State of California, State of Hawaii, State of Rhode Island, State of New York, State of Colorado, State of Arizona, District of Columbia, State of Vermont, State of Michigan, State of Maine, State of Minnesota, State of New Jersey, Commonwealth of Massachusetts and Commonwealth of Pennsylvania in 23-30445 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-30445] (KMP) [Entered: 08/01/2023 01:59 PM]
8/1/2023106Paper copies of Amicus Brief filed by Lawyers' Committee for Civil Rights Under Law, Brennan Center for Justice at New York University School of Law and Common Cause in 23-30445 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-30445] (KMP) [Entered: 08/01/2023 01:54 PM]
8/1/2023105Paper copies of Amicus Brief filed by Electronic Frontier Foundation in 23-30445 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-30445] (KMP) [Entered: 08/01/2023 01:50 PM]
7/31/2023103APPEARANCE FORM FILED by Attorney(s) Jon Marshall Greenbaum for party(s) Amicus Curiae Lawyers' Committee for Civil Rights Under Law, in case 23-30445. [23-30445] (SEP) [Entered: 08/01/2023 08:26 AM]
7/31/2023
  • OrderGranted
COURT ORDER granting joint motion for additional argument time filed by Appellees State of Louisiana, State of Missouri, Mr. Aaron Kheriaty, Mr. Martin Kulldorff, Mr. Jim Hoft, Mr. Jayanta Bhattacharya and Ms. Jill Hines [89] [23-30445] (PFT) [Entered: 07/31/2023 03:20 PM]
7/30/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-30445] (Jon Marshall Greenbaum ) [Entered: 07/30/2023 03:51 PM]
7/28/202396APPEARANCE FORM FILED by Attorney Grace Zhou for Amicus Curiae District of Columbia in 23-30445, Attorney Grace Zhou for Amicus Curiae State of Wisconsin in 23-30445, Attorney Grace Zhou for Amicus Curiae State of Vermont in 23-30445, Attorney Grace Zhou for Amicus Curiae State of Rhode Island in 23-30445, Attorney Grace Zhou for Amicus Curiae Commonwealth of Pennsylvania in 23-30445, Attorney Grace Zhou for Amicus Curiae State of Oregon in 23-30445, Attorney Grace Zhou for Amicus Curiae State of New Mexico in 23-30445, Attorney Grace Zhou for Amicus Curiae State of New Jersey in 23-30445, Attorney Grace Zhou for Amicus Curiae State of Nevada in 23-30445, Attorney Grace Zhou for Amicus Curiae State of Minnesota in 23-30445, Attorney Grace Zhou for Amicus Curiae State of Michigan in 23-30445, Attorney Grace Zhou for Amicus Curiae Commonwealth of Massachusetts in 23-30445, Attorney Grace Zhou for Amicus Curiae State of Maine in 23-30445, Attorney Grace Zhou for Amicus Curiae State of Illinois in 23-30445, Attorney Grace Zhou for Amicus Curiae State of Hawaii in 23-30445, Attorney Grace Zhou for Amicus Curiae State of Delaware in 23-30445, Attorney Grace Zhou for Amicus Curiae State of Connecticut in 23-30445, Attorney Grace Zhou for Amicus Curiae State of Colorado in 23-30445, Attorney Grace Zhou for Amicus Curiae State of California in 23-30445, Attorney Grace Zhou for Amicus Curiae State of Arizona in 23-30445, Attorney Grace Zhou for Amicus Curiae State of New York in 23-30445. [23-30445] (SEP) [Entered: 07/31/2023 08:27 AM]
7/28/202393APPEARANCE FORM FILED by Attorney(s) Todd Scott for party(s) Appellee State of Missouri, in case 23-30445. [23-30445] (SEP) [Entered: 07/31/2023 07:44 AM]
7/28/202392APPEARANCE FORM FILED by Attorney David A. Greene for Amicus Curiae Electronic Frontier Foundation in 23-30445. [23-30445] (SEP) [Entered: 07/31/2023 07:41 AM]
7/28/202391APPEARANCE FORM FILED by Attorney Scott L. Winkelman for Amicus Curiae Common Cause in 23-30445, Attorney Scott L. Winkelman for Amicus Curiae Brennan Center for Justice at New York University School of Law in 23-30445, Attorney Scott L. Winkelman for Amicus Curiae Lawyers' Committee for Civil Rights Under Law in 23-30445. [23-30445] (SEP) [Entered: 07/31/2023 07:40 AM]
7/28/2023JOINT UNOPPOSED MOTION filed by Appellees Mr. Jayanta Bhattacharya, Ms. Jill Hines, Mr. Jim Hoft, Mr. Aaron Kheriaty, Mr. Martin Kulldorff, State of Louisiana and State of Missouri for additional argument time of 10 minutes per side. [89]. Date of service: 07/28/2023 [23-30445]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Appellee State of Louisiana for additional argument time of 10 additional minutes each, for a total of 30 minutes each minutes [89]. Date of service: 07/28/2023 via email - Attorney for Not Party: Bellinger; Attorney for Appellants: Brewer, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Short, Vecchione; Attorney for Amici Curiae: Greene, Winkelman [23-30445] (Dean John Sauer ) [Entered: 07/28/2023 05:29 PM]
7/28/2023AMICUS CURIAE BRIEF FILED by District of Columbia, State of Wisconsin, State of Vermont, State of Rhode Island, Commonwealth of Pennsylvania, State of Oregon, State of New Mexico, State of New Jersey, State of Nevada, State of Minnesota, State of Michigan, Commonwealth of Massachusetts, State of Maine, State of Illinois, State of Hawaii, State of Delaware, State of Connecticut, State of Colorado, State of California, State of Arizona and State of New York. Consent is Not Necessary as Amicus is a Government Entity.
# of Copies Provided: 0.
Paper Copies of Brief due on 08/01/2023 for Amici Curiae State of New York, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, Commonwealth of Massachusetts, State of Michigan, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of Oregon, Commonwealth of Pennsylvania, State of Rhode Island, State of Vermont, State of Wisconsin and District of Columbia. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Amici States NY, AZ, CA, CO, CT, DE, HI, IL, ME, MA, MI, MN, NV, NJ, NM, OR, PA, RI, VT, WI, and the District of Columbia. Date of service: 07/28/2023 via email - Attorney for Not Party: Bellinger; Attorney for Appellants: Brewer, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Short, Vecchione; Attorney for Amici Curiae: Greene, Winkelman [23-30445] (Grace Zhou ) [Entered: 07/28/2023 05:19 PM]
7/28/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-30445] (Todd Scott ) [Entered: 07/28/2023 03:16 PM]
7/28/2023AMICUS CURIAE BRIEF FILED by Common Cause, Brennan Center for Justice at New York University School of Law and Lawyers' Committee for Civil Rights Under Law. The Consent is Included in the Brief.
# of Copies Provided: 0.
Paper Copies of Brief due on 07/31/2023 for Amici Curiae Lawyers' Committee for Civil Rights Under Law, Brennan Center for Justice at New York University School of Law and Common Cause. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by The Lawyers' Committee for Civil Rights Under Law; Brennan Center for Justice at NYU School of Law; Common Cause. Date of service: 07/28/2023 via email - Attorney for Not Party: Bellinger; Attorney for Appellants: Brewer, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Short, Vecchione; Attorney for Amicus Curiae: Greene [23-30445] (Scott L. Winkelman ) [Entered: 07/28/2023 02:51 PM]
7/28/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-30445] (Grace Zhou ) [Entered: 07/28/2023 02:08 PM]
7/28/2023ORAL ARGUMENT ACKNOWLEDGMENT AND DESIGNATION FORM FILED by Attorney Mr. Dean John Sauer for Appellee State of Louisiana [23-30445] (Dean John Sauer ) [Entered: 07/28/2023 12:16 PM]
7/28/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-30445] (David A. Greene ) [Entered: 07/28/2023 12:10 PM]
7/28/2023AMICUS CURIAE BRIEF FILED by Electronic Frontier Foundation. The Consent is Included in the Brief.
# of Copies Provided: 0.
Paper Copies of Brief due on 07/31/2023 for Amicus Curiae Electronic Frontier Foundation. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: AMICUS CURIAE BRIEF FILED by Electronic Frontier Foundation. Date of service: 07/28/2023 via email - Attorney for Not Party: Bellinger; Attorney for Appellants: Brewer, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Short, Vecchione [23-30445] (David A. Greene ) [Entered: 07/28/2023 12:08 PM]
7/28/2023ORAL ARGUMENT ACKNOWLEDGMENT AND DESIGNATION FORM FILED by Attorney Mr. Joshua M. Divine for Appellee State of Missouri [23-30445] (Joshua M. Divine ) [Entered: 07/28/2023 11:57 AM]
7/28/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-30445] (Scott L. Winkelman ) [Entered: 07/28/2023 11:43 AM]
7/28/2023
  • Motion
UNOPPOSED MOTION by Leland Stanford Junior University, Alex Stamos and Renee DiResta to file amicus brief. [74] Date of Service: 07/28/2023. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION by Leland Stanford Junior University, Alex Stamos, and Renee DiResta to file amicus brief [74] Date of service: 07/28/2023 via email - Attorney for Appellants: Brewer, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Short, Vecchione [23-30445] (John B. Bellinger III) [Entered: 07/28/2023 11:09 AM]
7/27/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-30445] (Stephen K. Wirth ) [Entered: 07/27/2023 01:19 PM]
7/27/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-30445] (R. Stanton Jones ) [Entered: 07/27/2023 01:18 PM]
7/27/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-30445] (Elisabeth S. Theodore ) [Entered: 07/27/2023 01:16 PM]
7/27/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-30445] (John B. Bellinger III) [Entered: 07/27/2023 01:14 PM]
7/27/202367Paper copies of Record Excerpts filed by Appellants Mr. Xavier Becerra, Mr. Joseph R. Biden, Jr., Mr. Vivek H. Murthy, Department of Health & Human Services and Mr. Anthony Fauci in 23-30445 received. Paper copies match electronic version of document? Yes # of Copies Provided: 4. Paper Copies of Record Excerpts due deadline satisfied. [23-30445] (KMP) [Entered: 07/27/2023 11:04 AM]
7/27/202366Paper copies of Appellant Brief filed by Appellants Mr. Xavier Becerra, Mr. Joseph R. Biden, Jr., Mr. Vivek H. Murthy, Department of Health & Human Services and Mr. Anthony Fauci in 23-30445 received. Paper copies match electronic version of document? Yes # of Copies Provided: 7. Paper Copies of Brief due deadline satisfied. [23-30445] (KMP) [Entered: 07/27/2023 11:03 AM]
7/26/202364ATTORNEY NOT PARTICIPATING. Amanda Chuzi is designated as inactive in this case. Reason: Attorney is leaving the Federal Programs Branch of the Civil Division of the Department of Justice. [23-30445] (SEP) [Entered: 07/26/2023 04:01 PM]
7/26/2023LETTER filed advising attorney Amanda Chuzi will no longer be representing the appellants in this case. She is leaving the Federal Programs Branch of the Civil Division of the Department of Justice. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: LETTER filed by Appellants Mr. Xavier Becerra, Mr. Joseph R. Biden, Jr., Department of Health & Human Services, Mr. Anthony Fauci and Mr. Vivek H. Murthy regarding removal of Amanda Chuzi from the docket. Date of Service: 07/26/2023 via email - Attorney for Appellants: Brewer, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Short, Vecchione [23-30445] (Daniel Winik ) [Entered: 07/26/2023 03:14 PM]
7/26/2023ORAL ARGUMENT ACKNOWLEDGMENT AND DESIGNATION FORM FILED by Attorney Mr. Daniel Bentele Hahs Tenny, Esq. for Appellants Mr. Xavier Becerra, Mr. Joseph R. Biden, Jr., Department of Health & Human Services, Mr. Anthony Fauci and Mr. Vivek H. Murthy [23-30445] (Daniel Bentele Hahs Tenny ) [Entered: 07/26/2023 02:57 PM]
7/25/2023RECORD EXCERPTS FILED. # of Copies Provided: 0. Paper Copies of Record Excerpts due on 07/27/2023 for Appellants Xavier Becerra, Joseph R. Biden Jr., Department of Health & Human Services, Anthony Fauci and Vivek H. Murthy. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RECORD EXCERPTS FILED by Appellants Mr. Joseph R. Biden, Jr., Mr. Xavier Becerra, Department of Health & Human Services, Mr. Anthony Fauci and Mr. Vivek H. Murthy. Date of service: 07/25/2023 via email - Attorney for Appellants: Brewer, Chuzi, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Short, Vecchione [23-30445] (Daniel Winik ) [Entered: 07/25/2023 07:15 PM]
7/25/2023APPELLANTS' BRIEF FILED. # of Copies Provided: 0.
A/Pet's Brief deadline satisfied. Paper Copies of Brief due on 07/27/2023 for Appellants Xavier Becerra, Joseph R. Biden Jr., Department of Health & Human Services, Anthony Fauci and Vivek H. Murthy. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPELLANT'S BRIEF FILED by Mr. Joseph R. Biden, Jr., Mr. Xavier Becerra, Department of Health & Human Services, Mr. Anthony Fauci and Mr. Vivek H. Murthy. Date of service: 07/25/2023 via email - Attorney for Appellants: Brewer, Chuzi, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Short, Vecchione [23-30445] (Daniel Winik ) [Entered: 07/25/2023 07:13 PM]
7/24/2023
  • Reply
REPLY filed [58] to the Response/Opposition filed by Appellees State of Louisiana, State of Missouri, Mr. Aaron Kheriaty, Mr. Martin Kulldorff, Mr. Jim Hoft, Mr. Jayanta Bhattacharya and Ms. Jill Hines in 23-30445 [43], to the Motion for stay pending appeal filed by Appellants Mr. Xavier Becerra, Mr. Joseph R. Biden, Jr., Mr. Vivek H. Murthy, Department of Health & Human Services and Mr. Anthony Fauci in 23-30445 [11]. Date of Service: 07/24/2023. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: REPLY filed by Appellants Mr. Joseph R. Biden, Jr., Mr. Xavier Becerra, Department of Health & Human Services, Mr. Anthony Fauci and Mr. Vivek H. Murthy [58] to the filed by Appellees State of Louisiana, Mr. Jayanta Bhattacharya, Ms. Jill Hines, Mr. Jim Hoft, Mr. Aaron Kheriaty, Mr. Martin Kulldorff and State of Missouri [43]. Date of Service: 07/24/2023 via email - Attorney for Appellants: Brewer, Chuzi, Tenny, Winik; Attorney for Appellees: Burns, Divine, Murrill, Sauer, Short, Vecchione. [23-30445] (Daniel Winik ) [Entered: 07/24/2023 04:03 PM]
7/18/2023Oral Argument moved from 9:00 a.m. to 1:00 p.m. in the En Banc Courtroom on August 10, 2023. [23-30445] (CBW) [Entered: 07/18/2023 03:50 PM]
7/18/202352ELECTRONIC RECORD ON APPEAL FILED. Admitted Exhibits on File in District Court? No. Video/Audio Exhibits on File in District Court? No Electronic ROA deadline satisfied. [23-30445] (DDL) [Entered: 07/18/2023 01:35 PM]
7/18/2023LETTER OF ADVISEMENT. Reason: Any amicus briefs in support of Appellants are due on or before 07/28/2023. Briefs in support of the Appellees are due on or before 08/07/2023. Paper copies of briefs must be overnighted. [23-30445] (CAG) [Entered: 07/18/2023 01:08 PM]
7/18/202349APPEARANCE FORM FILED by Attorney(s) Jonathon Christian Burns for party(s) Appellee Jim Hoft, in case 23-30445 [23-30445] (CAG) [Entered: 07/18/2023 12:05 PM]
7/18/202348APPEARANCE FORM FILED by Attorney(s) Tracy Short for party(s) Appellee State of Louisiana, in case 23-30445 [23-30445] (CAG) [Entered: 07/18/2023 12:03 PM]
7/18/202347APPEARANCE FORM FILED by Attorney Elizabeth Baker Murrill now proceeding as lead for Appellee State of Louisiana in 23-30445; Attorney Dean John Sauer listed as co-counsel for Appellee State of Louisiana in 23-30445. [23-30445] (CAG) [Entered: 07/18/2023 12:01 PM]
7/18/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-30445] (Jonathon Christian Burns ) [Entered: 07/18/2023 10:56 AM]
7/18/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-30445] (Tracy Short ) [Entered: 07/18/2023 08:57 AM]
7/18/2023APPEARANCE FORM received from Ms. Elizabeth Baker Murrill, Esq. for Mr. Jayanta Bhattacharya, Ms. Jill Hines, Mr. Jim Hoft, Mr. Aaron Kheriaty, Mr. Martin Kulldorff, State of Louisiana and State of Missouri for the court's review. Lead Counsel? Yes. [23-30445] (Elizabeth Baker Murrill ) [Entered: 07/18/2023 08:54 AM]
7/17/2023
  • Response
RESPONSE/OPPOSITION filed by filed by State of Louisiana, State of Missouri, Mr. Jayanta Bhattacharya, Ms. Jill Hines, Mr. Jim Hoft, Mr. Aaron Kheriaty, and Mr. Martin Kulldorff [43] to the Motion for stay pending appeal filed by Appellants Mr. Xavier Becerra, Mr. Joseph R. Biden, Jr., Mr. Vivek H. Murthy, Department of Health & Human Services and Mr. Anthony Fauci in 23-30445 [11]. Date of Service: 07/17/2023. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by State of Louisiana [43] to the filed by Appellants Mr. Xavier Becerra, Mr. Joseph R. Biden, Jr., Department of Health & Human Services, Mr. Anthony Fauci and Mr. Vivek H. Murthy [11] Date of Service: 07/17/2023 via email - Attorney for Appellants: Brewer, Chuzi, Tenny, Winik; Attorney for Appellees: Divine, Murrill, Sauer, Vecchione. [23-30445] (Dean John Sauer ) [Entered: 07/17/2023 06:31 PM]
7/14/2023CASE CALENDARED for oral argument on Thursday, 08/10/2023 in New Orleans in the En Banc Courtroom -- AM session. The courtroom deputy assigned to your case is Pamela F. Trice. See the letter attached for full contact information. Oral Argument Acknowledgment due on 07/28/2023 Attorneys Simon Christopher Brewer, Attorney, Amanda Chuzi, Joshua M. Divine, Solicitor, Elizabeth Baker Murrill, Assistant Attorney General, Dean John Sauer, Daniel Bentele Hahs Tenny, John Julian Vecchione and Daniel Winik. [23-30445] (CBW) [Entered: 07/14/2023 08:06 PM]
7/14/202338CASE TENTATIVELY calendared for oral argument for the week of 08/07/2023. [23-30445] (CBW) [Entered: 07/14/2023 07:51 PM]
7/14/2023BRIEFING NOTICE ISSUED. EXPEDITED SCHEDULE. A/Pet's Brief Due on 07/25/2023 for Appellants Xavier Becerra, Joseph R. Biden Jr., Department of Health & Human Services, Anthony Fauci and Vivek H. Murthy.. Appellee's Brief due on 08/04/2023 for Appellees Jayanta Bhattacharya, Jill Hines, Jim Hoft, Aaron Kheriaty, Martin Kulldorff, State of Louisiana and State of Missouri.. Reply Brief due on 08/08/2023 for Appellants Xavier Becerra, Joseph R. Biden Jr., Department of Health & Human Services, Anthony Fauci and Vivek H. Murthy. [23-30445] (CBW) [Entered: 07/14/2023 07:39 PM]
7/14/2023
  • Order
COURT ORDER. IT IS ORDERED that this appeal is EXPEDITED to the next available Oral Argument Calendar. IT IS FURTHER ORDERED that a temporary administrative stay is GRANTED until further orders of the court. IT IS FURTHER ORDERED that Appellants' opposed motion for stay pending appeal is deferred to the oral argument merits panel which receives this case. [34] [34] [11] [23-30445] (SEP) [Entered: 07/14/2023 01:56 PM]
7/12/202330APPEARANCE FORM FILED by Attorney(s) John Julian Vecchione for party(s) Appellee Aaron Kheriaty, Appellee Martin Kulldorff, Appellee Jill Hines, Appellee Jayanta Bhattacharya, in case 23-30445. [23-30445] (SEP) [Entered: 07/13/2023 02:57 PM]
7/12/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-30445] (John Julian Vecchione ) [Entered: 07/12/2023 11:43 AM]
7/11/202328APPEARANCE FORM FILED by Attorney(s) Joshua M. Divine for party(s) Appellee State of Missouri, in case 23-30445. [23-30445] (SEP) [Entered: 07/13/2023 02:42 PM]
7/11/202326APPEARANCE FORM FILED by Attorney(s) Dean John Sauer for party(s) Appellee State of Louisiana, in case 23-30445. [23-30445] (SEP) [Entered: 07/12/2023 04:13 PM]
7/11/2023TRANSCRIPT ORDER received advising transcript unnecessary as it is already filed. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: TRANSCRIPT ORDER received from Appellants Mr. Xavier Becerra, Mr. Joseph R. Biden, Jr., Department of Health & Human Services, Mr. Anthony Fauci and Mr. Vivek H. Murthy advising transcript unnecessary as it is already filed. Date of Service: 07/11/2023 via email - Attorney for Appellants: Brewer, Winik; Attorney for Appellee: Murrill [23-30445] (Daniel Winik ) [Entered: 07/11/2023 12:39 PM]
7/11/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-30445] (Joshua M. Divine ) [Entered: 07/11/2023 12:22 PM]
7/11/2023APPEARANCE FORM for the court's review. Lead Counsel? Yes. [23-30445] (Dean John Sauer ) [Entered: 07/11/2023 05:35 AM]
7/10/2023EXHIBITS IN SUPPORT of Motion for stay pending appeal. [11] Date of Service: 07/10/2023. [23-30445]
REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: APPENDIX FILED by Appellants Mr. Xavier Becerra, Mr. Joseph R. Biden, Jr., Department of Health & Human Services, Mr. Anthony Fauci and Mr. Vivek H. Murthy Date of Service: 07/10/2023 via email - Attorney for Appellee: Murrill; Attorney for Appellant: Winik [23-30445] (Daniel Winik ) [Entered: 07/10/2023 01:52 PM]
7/10/2023
  • Motion to Stay
OPPOSED MOTION for stay pending appeal. [11] Ruling is requested by: 07/24/2023. Date of service: 07/10/2023. [23-30445] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION filed by Appellants Mr. Xavier Becerra, Mr. Joseph R. Biden, Jr., Department of Health & Human Services, Mr. Anthony Fauci and Mr. Vivek H. Murthy for stay pending appeal [11] Ruling is requested by: 07/24/2023. Date of service: 07/10/2023 via email - Attorney for Appellants: Chuzi, Winik; Attorney for Appellee: Murrill [23-30445] (Daniel Winik ) [Entered: 07/10/2023 01:49 PM]
7/7/202323APPEARANCE FORM FILED by Attorney(s) Daniel Bentele Hahs Tenny for party(s) Appellant Joseph R. Biden Jr., Appellant Anthony Fauci, Appellant Xavier Becerra, Appellant Vivek H. Murthy, Appellant Department of Health & Human Services, in case 23-30445. [23-30445] (SEP) [Entered: 07/11/2023 01:34 PM]
7/7/202314APPEARANCE FORM FILED by Attorney(s) Simon Christopher Brewer for party(s) Appellant Joseph R. Biden Jr., Appellant Anthony Fauci, Appellant Xavier Becerra, Appellant Vivek H. Murthy, Appellant Department of Health & Human Services, in case 23-30445. [23-30445] (SEP) [Entered: 07/10/2023 02:39 PM]
7/7/202313APPEARANCE FORM FILED by Attorney Daniel Winik for Appellant Anthony Fauci in 23-30445, Attorney Daniel Winik for Appellant Department of Health & Human Services in 23-30445, Attorney Daniel Winik for Appellant Xavier Becerra in 23-30445, Attorney Daniel Winik for Appellant Vivek H. Murthy in 23-30445, Attorney Daniel Winik for Appellant Joseph R. Biden Jr. in 23-30445. [23-30445] (SEP) [Entered: 07/10/2023 02:36 PM]
7/7/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-30445] (Daniel Bentele Hahs Tenny ) [Entered: 07/07/2023 04:03 PM]
7/7/2023APPEARANCE FORM for the court's review. Lead Counsel? No. [23-30445] (Simon Christopher Brewer ) [Entered: 07/07/2023 03:29 PM]
7/7/2023APPEARANCE FORM received from Mr. Daniel Winik for Mr. Xavier Becerra, Mr. Joseph R. Biden, Jr., Department of Health & Human Services, Mr. Anthony Fauci and Mr. Vivek H. Murthy for the court's review. Lead Counsel? Yes. [23-30445] (Daniel Winik ) [Entered: 07/07/2023 02:29 PM]
7/7/20237ELECTRONIC RECORD ON APPEAL REQUESTED from District Court for 3:22-CV-1213. Electronic ROA due on 07/24/2023. [23-30445] (SEP) [Entered: 07/07/2023 08:06 AM]
7/7/2023INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [6] Initial AA Check Due satisfied. [23-30445] (SEP) [Entered: 07/07/2023 07:58 AM]
7/6/20232PARTY LIMIT CASE. (FOR A FULL LIST OF PARTIES FOR THIS APPEAL, PLEASE REFER TO THE DISTRICT COURT'S DOCKET SHEET.) [23-30445] (AGL) [Entered: 07/06/2023 02:30 PM]
7/6/2023US CIVIL CASE docketed. NOA filed by Appellants Mr. Xavier Becerra, Mr. Joseph R. Biden, Jr., Department of Health & Human Services, Mr. Anthony Fauci and Mr. Vivek H. Murthy, et al [23-30445] (AGL) [Entered: 07/06/2023 02:29 PM]