Court filing

Court Order — Apter v. HHS

Summary

An order entered November 30, 2023 as Document 55 in Apter v. U.S. Department of Health and Human Services, No. 3:22-cv-184, in the U.S. District Court for the Southern District of Texas, Galveston Division, signed by United States District Judge Jeffrey Vincent Brown. After the parties filed a joint proposed docket-control order (Dkt. 54), it allows the defendants to file a renewed motion to dismiss for lack of subject-matter jurisdiction by December 15, 2023. The plaintiffs may respond by January 5, 2024, or rely on their response to the earlier motion by filing a letter, and any defense reply is due by January 12, 2024. Discovery is stayed until the court rules, and if the motion is denied the parties must submit another joint proposed docket-control order within ten days.

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Filed November 30, 2023 in Apter v. Department of Health and Human Services; one of 69 filings from this case.

Record facts

Court	U.S. District Court for the Southern District of Texas, Galveston Division
Filed	2023-11-30

Cite this document

“Court Order — Apter v. HHS.” U.S. District Court for the Southern District of Texas, Galveston Division, No. 3:22-cv-00184, Doc. 55, filed 2023-11-30. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/apter-v-hhs/2023-11-30-order-renewed-motion-to-dismiss-schedule/, SHA-256 4dbc5b327e28d8d9a6d8f860453ff79ebba8fdd7788a649609624316ada81000.

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Full text

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF TEXAS 
GALVESTON DIVISION 
 
ROBERT APTER, ET AL., 
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             Plaintiffs, 
VS. 
3:22-cv-184 
U.S. DEPARTMENT OF HEALTH  
AND HUMAN SERVICES, ET AL., 
             Defendants. 
 
ORDER 
 
As requested by the court, the parties have filed a joint proposed docket-
control order. Dkt. 54. Having considered the submission, the court hereby orders 
that the defendants may file a renewed motion to dismiss for lack of subject-matter 
jurisdiction by December 15, 2023. If the plaintiffs wish to respond to the 
motion, they must file their response by January 5, 2024. The plaintiffs are also 
welcome, if they prefer, to rely on their response to the defendants’ previously filed 
motion to dismiss. Should the plaintiffs choose this latter course, they should file 
a letter so notifying the court. If the plaintiffs file a response to the renewed motion 
and the defendants wish to reply to it, they must do so by January 12, 2024. 
Once the renewed briefing is complete, the court will rule as expeditiously as 
possible. 
United States District Court
Southern District of Texas
ENTERED
November 30, 2023
Nathan Ochsner, Clerk
Case 3:22-cv-00184   Document 55   Filed on 11/30/23 in TXSD   Page 1 of 2

 
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Discovery is stayed until the court rules on the renewed motion to dismiss. 
If the court denies the motion, the parties shall submit another joint proposed 
docket-control order no later than ten days after the ruling is issued. 
Signed on Galveston Island this 30th day of November, 2023. 
 
 
 
 
 
 
 
 
______________________________ 
JEFFREY VINCENT BROWN 
UNITED STATES DISTRICT JUDGE 
 
 
Case 3:22-cv-00184   Document 55   Filed on 11/30/23 in TXSD   Page 2 of 2

File and source

File: gov.uscourts.txsd.1875135.55.0.pdf
Size: 102,915 bytes
SHA-256: 4dbc5b327e28d8d9a6d8f860453ff79ebba8fdd7788a649609624316ada81000
Our copy: gov.uscourts.txsd.1875135.55.0.pdf
Original: archive.org