Colorado District Court
Judge:Raymond P Moore
Case #: 1:21-cv-02228
Nature of Suit440 Civil Rights - Other Civil Rights
Cause10:1107 Armed Forces: Use Of Investigational New Drug
Case Filed:Aug 17, 2021
Last checked: Saturday Oct 02, 2021 5:09 AM MDT
Defendant
Lloyd Austin
Defendant
Xavier Becerra
Defendant
Janet Woodcock
Plaintiff
Hollie Mulvihill
Represented By
Dale F. Saran
Dale F. Saran, Attorney At Law
contact info
Todd Samson Callender
Disabled Rights Advocates PLLC
contact info
Plaintiff
Dan Robert
Represented By
Dale F. Saran
Dale F. Saran, Attorney At Law
contact info
Todd Samson Callender
Disabled Rights Advocates PLLC
contact info


Docket last updated: 5 hours ago
Wednesday, October 06, 2021
29 29 21 pgs cmp Amended Complaint Wed 10/06 2:58 PM
AMENDED COMPLAINT against Lloyd Austin, Xavier Becerra, Janet Woodcock, filed by Dan Robert, Hollie Mulvihill.(sdunb, )
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28 28 3 pgs misc Supplement/Amendment Wed 10/06 1:27 PM
SUPPLEMENT/AMENDMENT to26 First MOTION to Amend/Correct/Modify COMPLAINT Clean Amended Complaint by Plaintiffs Hollie Mulvihill, Dan Robert.(Saran, Dale)
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Att: 1 21 pgs Exhibit Clean Amended Complt
Friday, October 01, 2021
27 27 ORDER: Before the Court is Plaintiffs' Motion for Leave to File Amended Complaint26 , which the Court hereby GRANTS. Plaintiffs' Amended Complaint18 is hereby STRICKEN, as Plaintiffs indicate in their Motion it was file erroneously. Plaintiffs are ORDERED to file a clean version of the proposed Amended Complaint attached to their Motion [23-1] on or before October 6, 2021, and the Clerk shall docket it as such. SO ORDERED by Judge Raymond P. Moore on 10/1/2021. (Text Only Entry)(rmsec )
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order Order on Motion to Amend/Correct/Modify Fri 10/01 4:45 PM
ORDER: Before the Court is Plaintiffs' Motion for Leave to File Amended Complaint26 , which the Court hereby GRANTS. Plaintiffs' Amended Complaint18 is hereby STRICKEN, as Plaintiffs indicate in their Motion it was file erroneously. Plaintiffs are ORDERED to file a clean version of the proposed Amended Complaint attached to their Motion [23-1] on or before October 6, 2021, and the Clerk shall docket it as such. SO ORDERED by Judge Raymond P. Moore on 10/1/2021. (Text Only Entry)(rmsec )
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Wednesday, September 29, 2021
26 26 8 pgs motion Amend/Correct/Modify Wed 09/29 8:15 PM
First MOTION to Amend/Correct/Modify COMPLAINT by Plaintiffs Hollie Mulvihill, Dan Robert.(Callender, Todd)
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Att: 1 Proposed Document AMENDED COMPLAINT,
Att: 2 12 pgs Exhibit FDA BLA APPROVAL LTR,
Att: 3 14 pgs Exhibit FDA PFIZER EUA LTR 08.23.21,
Att: 4 4 pgs Exhibit BOYCE LTR TO HCP,
Att: 5 16 pgs Exhibit FDA BNT FACT SHEET,
Att: 6 5 pgs Exhibit SEC DEF MEMO,
Att: 7 5 pgs Exhibit SJA UPDATE FULL,
Att: 8 3 pgs Exhibit ASST SEC DEF MEMO 09.14.21,
Att: 9 3 pgs Exhibit DON BU-MED
25 25 ORDER: Before the Court is Plaintiffs' Motion to Withdraw24 , seeking to withdraw several exhibits and two motions. The Motion is GRANTED. The Motions for Preliminary Injunction13 ,16 are deemed WITHDRAWN as well as the Exhibits14 ,15 ,17 ,21 ,22 . SO ORDERED by Judge Raymond P. Moore on 9/29/2021. (Text Only Entry)(rmsec )
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24 24 7 pgs motion Withdraw Wed 09/29 2:31 PM
MOTION to Withdraw15 Exhibits,17 Exhibits,13 Final MOTION for Preliminary Injunction ,22 Exhibits,16 Final MOTION for Preliminary Injunction ,21 Exhibits,14 Exhibits by Plaintiffs Hollie Mulvihill, Dan Robert. (Callender, Todd)
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order Order on Motion for Preliminary Injunction Order on Motion to Withdraw Wed 09/29 3:41 PM
ORDER: Before the Court is Plaintiffs' Motion to Withdraw24 , seeking to withdraw several exhibits and two motions. The Motion is GRANTED. The Motions for Preliminary Injunction13 ,16 are deemed WITHDRAWN as well as the Exhibits14 ,15 ,17 ,21 ,22 . SO ORDERED by Judge Raymond P. Moore on 9/29/2021. (Text Only Entry)(rmsec )
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Friday, September 24, 2021
23 23 2 pgs notice Notice of Entry of Appearance Fri 09/24 4:06 PM
NOTICE of Entry of Appearance by Dale F. Saran on behalf of All Plaintiffs Attorney Dale F. Saran added to party Hollie Mulvihill(pty:pla), Attorney Dale F. Saran added to party Dan Robert(pty:pla) (Saran, Dale)
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22 22 100 pgs misc Exhibits Fri 09/24 1:41 PM
Exhibits in Support Exhibits for18 Amended Complaint by Plaintiffs Hollie Mulvihill, Dan Robert. (Callender, Todd)
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21 21 misc Exhibits Fri 09/24 10:11 AM
Exhibits in Support18 Amended Complaint Robert et al v Austin et al by Plaintiffs Hollie Mulvihill, Dan Robert. (Callender, Todd) (Modified on 9/27/2021 edited to add link)(evana, ).
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20 20 MINUTE ORDER: Before the Court are two Motions for Preliminary Injunction13 16 . On or before September 29, 2021, Plaintiffs are ORDERED to file a motion withdrawing one of them. Plaintiffs have also filed an Amended Complaint18 , albeit without seeking leave to do so. See Fed. R. Civ. P. 15(a)(1). Pursuant to D.C.COLO.LCivR 15.1(a), a party "who files an amended pleading under Fed. R. Civ. P. 15(a)(1) or with the consent of the opposing party shall file a separate notice of filing the amended pleading and shall attach as an exhibit a copy of the amended pleading which strikes through (e.g., strikes through ) the text to be deleted and underlines (e.g., underlines ) the text to be added." Accordingly, Plaintiffs are further ORDERED to comply with the Local Rule on or before September 29, 2021. SO ORDERED by Judge Raymond P. Moore on 9/24/2021. (Text Only Entry) (rmsec)
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19 19 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re:13 Final MOTION for Preliminary Injunction16 Final MOTION for Preliminary Injunction18 Amended Complaint filed by attorney Todd Callender. Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (evana, )
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18 18 21 pgs cmp Amended Complaint Fri 09/24 1:43 AM
AMENDED COMPLAINT Robert et al v Austin et al against Lloyd Austin, Xavier Becerra, Janet Woodcock, filed by Dan Robert, Hollie Mulvihill.(Callender, Todd)
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17 17 269 pgs misc Exhibits Fri 09/24 12:48 AM
Exhibits in Support Motion For Preliminary Injunction by Plaintiffs Hollie Mulvihill, Dan Robert. (Callender, Todd)
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misc Advisory Attorney Noncompliance 2 Fri 09/24 9:00 AM
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re:13 Final MOTION for Preliminary Injunction16 Final MOTION for Preliminary Injunction18 Amended Complaint filed by attorney Todd Callender. Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (evana, )
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order Minute Order Fri 09/24 10:09 AM
MINUTE ORDER: Before the Court are two Motions for Preliminary Injunction13 16 . On or before September 29, 2021, Plaintiffs are ORDERED to file a motion withdrawing one of them. Plaintiffs have also filed an Amended Complaint18 , albeit without seeking leave to do so. See Fed. R. Civ. P. 15(a)(1). Pursuant to D.C.COLO.LCivR 15.1(a), a party "who files an amended pleading under Fed. R. Civ. P. 15(a)(1) or with the consent of the opposing party shall file a separate notice of filing the amended pleading and shall attach as an exhibit a copy of the amended pleading which strikes through (e.g., strikes through ) the text to be deleted and underlines (e.g., underlines ) the text to be added." Accordingly, Plaintiffs are further ORDERED to comply with the Local Rule on or before September 29, 2021. SO ORDERED by Judge Raymond P. Moore on 9/24/2021. (Text Only Entry) (rmsec)
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Thursday, September 23, 2021
16 16 motion Preliminary Injunction Thu 09/23 11:22 PM
MOTION for Preliminary Injunction by Plaintiffs Hollie Mulvihill, Dan Robert. (Callender, Todd)
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15 15 misc Exhibits Thu 09/23 9:55 PM
Exhibits in Support 2A_Exhibit B - COMIRNATY Package Insert by Plaintiffs Hollie Mulvihill, Dan Robert. (Callender, Todd)
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14 14 misc Exhibits Thu 09/23 9:51 PM
Exhibits in Support 1A_Exhibit A - Samuel N Sigoloff CV 2021 by Plaintiffs Hollie Mulvihill, Dan Robert. (Callender, Todd)
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13 13 motion Preliminary Injunction Thu 09/23 9:29 PM
MOTION for Preliminary Injunction by Plaintiffs Hollie Mulvihill, Dan Robert. (Callender, Todd)
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Wednesday, September 01, 2021
12 12 6 pgs order Order on Motion for TRO Wed 09/01 4:26 PM
ORDER. The Court finds the requirements for a TRO are not satisfied and DENIES Plaintiffs' Motion (ECF No.7 ). By Judge Raymond P. Moore on 09/01/2021. (athom, )
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order Order Referring Case to Magistrate Judge Wed 09/01 8:51 AM
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 9/1/2021. (Text Only Entry) (rmsec )
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order Minute Order Wed 09/01 8:52 AM
MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 9/1/2021. (Text Only Entry) (rmsec)
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Monday, August 30, 2021
7 7 19 pgs motion Temporary Restraining Order Mon 08/30 3:12 PM
MOTION for Temporary Restraining Order by Plaintiffs Hollie Mulvihill, Dan Robert.(Callender, Todd)
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Att: 1 Exhibit 1-3
order Minute Order Mon 08/30 3:48 PM
MINUTE ORDER In light of7 Plaintiff's Motion for Temporary Restraining Order, the Clerk of Court is directed to reassign this case to a District Judge. See D.C.COLO.LCivR 40.1(c)(2)(a). SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/30/2021. Text Only Entry (stvlc1, )
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misc Reassigning Judge Mon 08/30 4:13 PM
REASSIGNING JUDGE. Pursuant to 8 Order, this action is randomly reassigned to Judge Raymond P. Moore,. All future pleadings should be designated as 21-cv-2228-RM . (Text Only Entry) (angar, )
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Wednesday, August 25, 2021
6 6 misc Summons Issued Wed 08/25 10:06 AM
SUMMONSES issued by Clerk. (cmadr, )
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Friday, August 20, 2021
5 5 misc Summons Request Fri 08/20 4:29 PM
SUMMONS REQUEST as to Defendants re1 Complaint, by Plaintiffs Hollie Mulvihill, Dan Robert.(Callender, Todd)
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Att: 1 Summons,
Att: 2 Summons
Tuesday, August 17, 2021
4 4 misc Magistrate Judge Consent Form Tue 08/17 3:46 PM
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. Summons submitted has incorrect caption and not issued. The summons must name all parties Please file completed summons for issuance using the event Summons Request. (cpomm, )
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3 3 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (cpomm, )
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2 2 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re:1 Complaint, filed by attorney Todd Samson Callender. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact Through PACER.gov.(Text Only Entry) (cpomm, )
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1 1 15 pgs cmp Complaint Tue 08/17 12:40 PM
COMPLAINT against All Defendants (Filing fee $ 402,Receipt Number ACODC-8025727)Attorney Todd Samson Callender added to party Hollie Mulvihill(pty:pla), Attorney Todd Samson Callender added to party Dan Robert(pty:pla), filed by Dan Robert, Hollie Mulvihill.(Callender, Todd)
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Att: 1 165 pgs Exhibit Exhibits 1-8,
Att: 2 2 pgs Civil Cover Sheet Civil Cover Sheet,
Att: 3 2 pgs Summons Summons,
Att: 4 Summons Summons,
Att: 5 Summons Summons
misc Advisory Attorney Noncompliance 2 Tue 08/17 3:34 PM
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re:1 Complaint, filed by attorney Todd Samson Callender. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact Through PACER.gov.(Text Only Entry) (cpomm, )
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misc Case Assigned to Judge Tue 08/17 3:42 PM
Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (cpomm, )
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