PUBLIC CITIZEN HEALTH RESEARCH GROUP et al v. ACOSTA et al
| District Of Columbia District Court | |
| Judge: | Timothy J Kelly |
| Case #: | 1:19-cv-00166 |
| Nature of Suit | 899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision |
| Cause | 05:551 Administrative Procedure Act |
| Case Filed: | Jan 25, 2019 |
| Terminated: | Jan 11, 2021 |
| Last checked: Wednesday Jul 24, 2019 4:59 AM EDT |
|
Defendant
R. ALEXANDER ACOSTA
|
Represented By
|
|
Defendant
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
|
Represented By
|
|
Defendant
UNITED STATES DEPARTMENT OF LABOR
|
Represented By
|
|
Plaintiff
AMERICAN PUBLIC HEALTH ASSOCIATION
|
Represented By
|
|
Plaintiff
COUNCIL OF STATE AND TERRITORIAL EPIDEMIOLOGISTS
|
Represented By
|
|
Plaintiff
PUBLIC CITIZEN HEALTH RESEARCH GROUP
|
Represented By
|
GPO
Jan 11 2021
MEMORANDUM OPINION in support of 24 ORDER granting Defendants' 17 MOTION to Dismiss and denying Plaintiffs' 16 MOTION for Summary Judgment. Signed by Judge Timothy J. Kelly on 1/11/21. (lctjk2) |
| Docket last updated: 05/17/2024 11:59 PM EDT |
| Tuesday, October 03, 2023 | ||
| 30 | 30
order
.Order
Tue 10/03 2:03 PM
ORDER dismissing case as moot. See Order for Details. This is a final, appealable Order. The Clerk of Court is directed to close the case. Signed by Judge Timothy J. Kelly on 10/3/2023. (lctjk2) |
|
| Friday, September 29, 2023 | ||
| 29 | 29
appeal
USCA Mandate
Fri 09/29 12:18 PM
MANDATE of USCA as to26 Notice of Appeal to DC Circuit Court, filed by AMERICAN PUBLIC HEALTH ASSOCIATION, PUBLIC CITIZEN HEALTH RESEARCH GROUP ; USCA Case Number 21-5018 (znmw) |
|
|
Att: 1
USCA Order 9/29/2023
|
||
| Wednesday, January 27, 2021 | ||
|
appeal
USCA Case Number
Thu 01/28 2:51 PM
USCA Case Number 21-5018 for27 Amended Notice of Appeal filed by COUNCIL OF STATE AND TERRITORIAL EPIDEMIOLOGISTS, AMERICAN PUBLIC HEALTH ASSOCIATION, PUBLIC CITIZEN HEALTH RESEARCH GROUP,26 Notice of Appeal to DC Circuit Court, filed by AMERICAN PUBLIC HEALTH ASSOCIATION, PUBLIC CITIZEN HEALTH RESEARCH GROUP. (ztth) |
||
| Monday, January 25, 2021 | ||
| 28 | 28
appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Mon 01/25 1:26 PM
Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re27 Amended Notice of Appeal,26 Notice of Appeal to DC Circuit Court. (ztth) |
|
| 27 | 27
appeal
Amended Notice of Appeal
Mon 01/25 8:32 AM
Amended NOTICE OF APPEAL re appeal26 by AMERICAN PUBLIC HEALTH ASSOCIATION, COUNCIL OF STATE AND TERRITORIAL EPIDEMIOLOGISTS, PUBLIC CITIZEN HEALTH RESEARCH GROUP. (Kirkpatrick, Michael) |
|
| Friday, January 22, 2021 | ||
| 26 | 26
appeal
Notice of Appeal to DC Circuit
Fri 01/22 2:54 PM
NOTICE OF APPEAL TO DC CIRCUIT COURT as to24 Order,25 Memorandum & Opinion by AMERICAN PUBLIC HEALTH ASSOCIATION, PUBLIC CITIZEN HEALTH RESEARCH GROUP. Filing fee $ 505, receipt number ADCDC-8111152. Fee Status: Fee Paid. Parties have been notified. (Kirkpatrick, Michael) |
|
| Monday, January 11, 2021 | ||
| 25 | 25
27
pgs
order
Memorandum & Opinion
Mon 01/11 3:14 PM
MEMORANDUM OPINION in support of24 ORDER granting Defendants'17 MOTION to Dismiss and denying Plaintiffs'16 MOTION for Summary Judgment. Signed by Judge Timothy J. Kelly on 1/11/21. (lctjk2) |
|
| 24 | 24
order
.Order
Mon 01/11 3:03 PM
ORDER granting Defendants'17 MOTION to Dismiss and denying Plaintiffs'16 MOTION for Summary Judgment. See order for details. Signed by Judge Timothy J. Kelly on 1/11/21. (lctjk2) |
|
| Monday, November 30, 2020 | ||
| 23 | 23
1
pgs
order
Order on Motion for Summary Judgment Order on Motion to Dismiss/Lack of Jurisdiction
Mon 11/30 4:35 PM
ORDER granting Defendants'17 Motion to Dismiss for Lack of Jurisdiction and denying Plaintiffs'16 Motion for Summary Judgment. Memorandum opinion and order to follow within 30 days. See Order for details. Signed by Judge Timothy J. Kelly on 11/30/20. (lctjk2) |
|
| Friday, September 20, 2019 | ||
| 22 | 22
notice
Notice (Other)
Fri 09/20 9:50 AM
NOTICE of Filing of Administrative Record Appendix by AMERICAN PUBLIC HEALTH ASSOCIATION, COUNCIL OF STATE AND TERRITORIAL EPIDEMIOLOGISTS, PUBLIC CITIZEN HEALTH RESEARCH GROUP re16 MOTION for Summary Judgment(Kirkpatrick, Michael) |
|
|
Att: 1
Appendix Volume One,
|
||
|
Att: 2
Appendix Volume Two,
|
||
|
Att: 3
Appendix Volume Three,
|
||
|
Att: 4
Appendix Volume Four,
|
||
|
Att: 5
Appendix Volume Five,
|
||
|
Att: 6
Appendix Volume Six,
|
||
|
Att: 7
Appendix Volume Seven
|
||
| Friday, September 06, 2019 | ||
| 21 | 21
respm
Reply to opposition to motion
Fri 09/06 6:41 PM
REPLY to opposition to motion re17 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative MOTION for Summary Judgment filed by R. ALEXANDER ACOSTA, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR. (Baer, Michael) |
|
| Friday, August 16, 2019 | ||
| 20 | 20
25
pgs
respm
Memorandum in opposition to motion
Fri 08/16 4:44 PM
Memorandum in opposition to re17 MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative MOTION for Summary Judgment filed by AMERICAN PUBLIC HEALTH ASSOCIATION, COUNCIL OF STATE AND TERRITORIAL EPIDEMIOLOGISTS, PUBLIC CITIZEN HEALTH RESEARCH GROUP.(Kirkpatrick, Michael) |
|
|
Att: 1
Text of Proposed Order
|
||
| 19 | 19
respm
Reply to opposition to motion
Fri 08/16 4:41 PM
REPLY to opposition to motion re16 MOTION for Summary Judgment filed by AMERICAN PUBLIC HEALTH ASSOCIATION, COUNCIL OF STATE AND TERRITORIAL EPIDEMIOLOGISTS, PUBLIC CITIZEN HEALTH RESEARCH GROUP.(Kirkpatrick, Michael) |
|
|
Att: 1
Text of Proposed Order
|
||
| Friday, July 19, 2019 | ||
| 18 | 18
respm
Response to motion
Fri 07/19 6:56 PM
RESPONSE re16 MOTION for Summary Judgment filed by R. ALEXANDER ACOSTA, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR. (Baer, Michael) |
|
| 17 | 17
motion
Dismiss/Lack of Jurisdiction Summary Judgment
Fri 07/19 6:55 PM
MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative , MOTION for Summary Judgment by R. ALEXANDER ACOSTA, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR(Baer, Michael) |
|
|
Att: 1
Memorandum in Support,
|
||
|
Att: 2
Text of Proposed Order
|
||
| Friday, June 07, 2019 | ||
| 16 | 16
motion
Summary Judgment
Fri 06/07 1:53 PM
MOTION for Summary Judgment by AMERICAN PUBLIC HEALTH ASSOCIATION, COUNCIL OF STATE AND TERRITORIAL EPIDEMIOLOGISTS, PUBLIC CITIZEN HEALTH RESEARCH GROUP(Kirkpatrick, Michael) |
|
|
Att: 1
Declaration Carome Declaration for HRG,
|
||
|
Att: 2
Declaration Benjamin Declaration for APHA,
|
||
|
Att: 3
Declaration Harrison Declaration for CSTE,
|
||
|
Att: 4
Text of Proposed Order
|
||
| Thursday, April 25, 2019 | ||
| 15 | 15
notice
Notice (Other)
Thu 04/25 6:43 PM
NOTICE OF FILING OF CERTIFIED LIST OF THE CONTENTS OF THE ADMINISTRATIVE RECORD by R. ALEXANDER ACOSTA, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR(Baer, Michael) |
|
|
Att: 1
Exhibit 1 - Administrative Record Index,
|
||
|
Att: 2
Exhibit 2 - Administrative Record Certification
|
||
| Monday, March 25, 2019 | ||
| 14 | 14
2
pgs
order
Order on Motion for Scheduling Order Set/Reset Deadlines
Mon 03/25 10:31 AM
ORDER granting the parties'13 Motion for Scheduling Order and setting a schedule for further proceedings. See Order for details. Signed by Judge Timothy J. Kelly on 3/25/2019. (lctjk2) |
|
| Friday, March 22, 2019 | ||
| 13 | 13
motion
Scheduling Order
Fri 03/22 5:19 PM
Joint MOTION for Scheduling Order in Related Cases by R. ALEXANDER ACOSTA, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR(Baer, Michael) |
|
|
Att: 1
Text of Proposed Order
|
||
| Friday, March 01, 2019 | ||
| 12 | 12
utility
Case Assigned/Reassigned
Mon 03/04 11:08 AM
Case directly reassigned to Judge Timothy J. Kelly as related. Judge Rudolph Contreras is no longer assigned to the case. (ztnr) |
|
| Thursday, February 28, 2019 | ||
|
order
.Order
Thu 02/28 6:30 PM
MINUTE ORDER: Upon consideration of11 Defendants' Unopposed Notice of Related Cases, the Court concludes that this case is related, under Local Rule 40.5(a), to Public Citizen Health Research Group v. Acosta , No. 18-cv-1729, an earlier case filed before Judge Timothy J. Kelly. Both cases involve the same plaintiffs and defendants, substantially similar challenges to the same OSHA rulemaking, and substantially similar requests for relief. The two cases thus "grow out of the same event" and their disposition is likely to "involve common issues of fact." LCvR 40.5(a)(3). Accordingly, as dictated by Local Rule 40.5(c)(2), it is hereby ORDERED that the Clerk of Court shall transfer this matter to the Calendar and Case Management Committee for reassignment to Judge Kelly as related to No. 18-cv-1729. SO ORDERED. Signed by Judge Rudolph Contreras on February 28, 2019. (lcrc3) |
||
| Friday, February 22, 2019 | ||
| 11 | 11
notice
Notice of Related Case
Fri 02/22 1:20 PM
NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 18-1729 (Baer, Michael) |
|
| 10 | 10
notice
Notice of Appearance
Fri 02/22 12:23 PM
NOTICE of Appearance by Michael Hendry Baer on behalf of All Defendants (Baer, Michael) |
|
| Monday, February 11, 2019 | ||
| 9 | 9
service
Summons Returned Executed as to Federal Defendant
Mon 02/11 5:07 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION served on 2/5/2019 (Kirkpatrick, Michael) |
|
| 8 | 8
service
Summons Returned Executed as to Federal Defendant
Mon 02/11 5:05 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. R. ALEXANDER ACOSTA served on 2/1/2019 (Kirkpatrick, Michael) |
|
| Thursday, February 07, 2019 | ||
| 7 | 7
service
Summons Returned Executed as to U.S. Attorney General
Thu 02/07 4:59 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/04/2019. (Kirkpatrick, Michael) |
|
| 6 | 6
service
Summons Returned Executed as to Federal Defendant
Thu 02/07 4:58 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF LABOR served on 2/1/2019 (Kirkpatrick, Michael) |
|
| Friday, January 25, 2019 | ||
| 5 | 5
service
Summons Returned Executed as to US Attorney
Fri 01/25 4:47 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/25/2019. Answer due for ALL FEDERAL DEFENDANTS by 3/26/2019. (Kirkpatrick, Michael) |
|
| 4 | 4
notice
Notice of Appearance
Fri 01/25 4:24 PM
NOTICE of Appearance by Allison Marcy Zieve on behalf of All Plaintiffs (Zieve, Allison) |
|
| 3 | 3
service
Electronic Summons Issued as to AUSA,USAG
Fri 01/25 3:07 PM
SUMMONS (5) Issued Electronically as to R. ALEXANDER ACOSTA, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR, U.S. Attorney and U.S. Attorney General.(zef, ) |
|
|
Att: 1
Notice and Consent
|
||
| 2 | 2
notice
LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests
Fri 01/25 12:42 PM
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN PUBLIC HEALTH ASSOCIATION, COUNCIL OF STATE AND TERRITORIAL EPIDEMIOLOGISTS, PUBLIC CITIZEN HEALTH RESEARCH GROUP (Kirkpatrick, Michael) |
|
| 1 | 1
cmp
Complaint
Fri 01/25 10:44 AM
COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 0090-5906972) filed by COUNCIL OF STATE AND TERRITORIAL EPIDEMIOLOGISTS, PUBLIC CITIZEN HEALTH RESEARCH GROUP, AMERICAN PUBLIC HEALTH ASSOCIATION.(Kirkpatrick, Michael) (Attachment 1 replaced on 1/25/2019) (zef, ) |
|
|
Att: 1
Civil Cover Sheet,
|
||
|
Att: 2
Summons to Acosta,
|
||
|
Att: 3
Summons to DOL,
|
||
|
Att: 4
Summons to OSHA,
|
||
|
Att: 5
Summons Attorney General,
|
||
|
Att: 6
Summons U.S. Attorney
|
||
|
utility
Case Assigned/Reassigned
Fri 01/25 2:57 PM
Case Assigned to Judge Rudolph Contreras. (zef) |
||