Notice of Appeal — Apter v. HHS

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A Notice of Appeal, Document 46, filed 12/09/22 in Robert L. Apter, M.D., et al. v. Department of Health and Human Services et al., No. 3:22-cv-184, in the U.S. District Court for the Southern District of Texas, Galveston Division. Plaintiffs state that they appeal to the United States Court of Appeals for the Fifth Circuit from the Court's December 6, 2022 Memorandum Opinion and Order (ECF No. 45) dismissing Plaintiffs' Amended Complaint. The notice is dated December 9, 2022 and signed /s/ R. Trent McCotter, with Jared M. Kelson listed beneath. A Certificate of Service states that the document, filed through the CM/ECF system, will be sent by electronic mail to registered participants.

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IN THE UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF TEXAS 
GALVESTON DIVISION 
 
ROBERT L. APTER, M.D., FACEP; MARY 
TALLEY BOWDEN, M.D.; and PAUL E. 
MARIK, MBBCh, M.MED, FCCM, FCCP, 
 
 
Plaintiffs, 
 
 
 
v. 
 
DEPARTMENT OF HEALTH AND HUMAN 
SERVICES; XAVIER BECERRA, in his 
official capacity as Secretary of Health and 
Human Services; FOOD AND DRUG 
ADMINISTRATION; and ROBERT M. 
CALIFF, M.D., MACC, in his official capacity 
as Commissioner of Food and Drugs, 
 
Defendants. 
 
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)   No. 3:22-cv-184 
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NOTICE OF APPEAL 
PLEASE TAKE NOTICE that Plaintiffs hereby appeal to the United States Court 
of Appeals for the Fifth Circuit from this Court’s December 6, 2022, Memorandum 
Opinion and Order (ECF No. 45) dismissing Plaintiffs’ Amended Complaint.  
 
 
Case 3:22-cv-00184   Document 46   Filed on 12/09/22 in TXSD   Page 1 of 3

 
 
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December 9, 2022 
/s/ R. Trent McCotter 
R. Trent McCotter 
Attorney-In-Charge 
So. Dist. No. 3712529 
N.C. Bar No. 43045 
Jared M. Kelson (pro hac vice) 
D.C. Bar No. 241393 
Boyden Gray & Associates 
801 17th St. NW, #350 
Washington, DC 20006 
(202) 706-5488 
mccotter@boydengrayassociates.com 
 
 
Case 3:22-cv-00184   Document 46   Filed on 12/09/22 in TXSD   Page 2 of 3

 
 
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CERTIFICATE OF SERVICE 
I hereby certify that this document, filed through the CM/ECF system, will be sent 
via electronic mail to the registered participants as identified on the Notice of Electronic 
Filing. 
/s/ R. Trent McCotter 
R. Trent McCotter 
 
Case 3:22-cv-00184   Document 46   Filed on 12/09/22 in TXSD   Page 3 of 3

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