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Case docket

Brown et al. v. Azar et al. — N.D. Ga., Atlanta Division, No. 1:20-cv-03702

Brown et al. v. Azar et al. — N.D. Ga., Atlanta Division, No. 1:20-cv-03702 — 23 documents in the archive, dated August 7, 2019 to January 6, 2022.

Case facts

CourtU.S. District Court for the Northern District of Georgia (12 filings); U.S. District Court for the Northern District of Georgia (Atlanta Division) (5 filings)
Docket numbersNo. 1:20-cv-03702 — main docket · CourtListener docket 280996
No. 1:19-cv-02152 (no document in the archive is numbered on it) — other docket filed with this case
Filings23 public filings
Filed2019-08-07 – 2022-01-06
Original PDFs23 of 23
ProfilesAlex Azar

Case summary

Richard Lee Brown, Jeffrey Rondeau, David Krausz, Sonya Jones and the National Apartment Association sued the Secretary of Health and Human Services and other federal defendants in the U.S. District Court for the Northern District of Georgia, No. 1:20-cv-03702-JPB, over the CDC order of September 4, 2020 halting residential evictions for non-payment of rent. Their amended complaint raised eight challenges to the order; the preliminary-injunction motion advanced three, that the order lacks a statutory and regulatory basis, that it is arbitrary and capricious, and that it violates their right of access to the courts. The court denied the motion on October 29, 2020. The Eleventh Circuit dismissed the appeal as moot on December 29, 2021, and the district court then ordered the parties to show cause why the case should not be dismissed as moot.

Case at a glance

PartiesPlaintiffs: Richard Lee Brown, Jeffrey Rondeau, David Krausz, Sonya Jones and the National Apartment Association. Defendants: Alex Azar, in his official capacity as Secretary of the U.S. Department of Health & Human Services, and others
Court and docketU.S. District Court for the Northern District of Georgia, Atlanta Division, No. 1:20-cv-03702-JPB; Eleventh Circuit Appeal No. 20-14210-HH
ProgramNot named in the filings on this page. The measure challenged is the CDC's temporary halt in residential evictions, 85 Fed. Reg. 55,292 (Sept. 4, 2020)
ClaimsEight challenges to the CDC order in the amended complaint, of which three were pressed on the preliminary-injunction motion: that the order lacks a statutory and regulatory basis under 42 U.S.C. § 264 and 42 C.F.R. § 70.2; that it is arbitrary and capricious; and that it violates the plaintiffs' right of access to the courts
Disposition or statusPreliminary injunction denied October 29, 2020; notice of interlocutory appeal and motion for an injunction pending appeal filed November 9, 2020; Eleventh Circuit granted the defendants' motion to dismiss the appeal as moot on December 29, 2021 in light of the final order in Alabama Association of Realtors v. HHS, mandate issued January 6, 2022; district court order to show cause on mootness January 4, 2022
Status checked2026-09-23 · against DOJ press releases through 2026-09-22; court docket not yet read

What did the court decide?

That the plaintiffs had not clearly established their burden of persuasion as to any of the four preliminary-injunction prerequisites, and the motion was denied. On the authority question the order concludes that Congress gave the Secretary broad power to issue regulations necessary to prevent the transmission of communicable diseases, and that the CDC may take measures it deems reasonably necessary to prevent the spread of disease once it determines that state or local measures are insufficient.

What did the CDC order require?

While it was in place, from September 4, 2020 through December 31, 2020 unless extended, modified or rescinded, landlords were prohibited from evicting a covered person from a residential property for non-payment of rent. To qualify as a covered person a tenant had to give the landlord a declaration under penalty of perjury, including that the individual had used best efforts to obtain all available government assistance.

How did the case end?

The Eleventh Circuit dismissed the appeal as moot on December 29, 2021 following the final order in Alabama Association of Realtors v. U.S. Department of Health and Human Services, and issued that order as its mandate on January 6, 2022. On January 4, 2022 the district court said it appeared the case was now moot and ordered the parties to show cause by January 18, 2022 why it should not be dismissed. No order of dismissal is on this page.

Docket

23 documents in docket-entry order; attachments follow their entry. Gaps name the entries we do not have.

No. 1:20-cv-03702 — main docket

  1. Complaint — Brown v. AzarEntry 1 · CourtListener docket 280996
  2. —Entries 2–5 are not in the archive
  3. Motion for Temporary Restraining Order — Brown v. AzarEntry 6 · CourtListener docket 280996
  4. —Entries 7–11 are not in the archive
  5. Amended Complaint — Brown v. AzarEntry 12 · CourtListener docket 280996
  6. —Entry 13 is not in the archive
  7. Motion for Preliminary Injunction - Brown et al. v. Azar et al.Entry 14 · CourtListener docket 280996
  8. —Entries 15–17 are not in the archive
  9. Motion for Preliminary Injunction — Brown v. Azar (N.D. Ga.)Entry 18 · CourtListener docket 280996
  10. Brief in Support of Motion for Preliminary Injunction — Brown v. Azar (N.D. Ga.)Entry 18, attachment 1 · CourtListener docket 280996
  11. —Entries 19–21 are not in the archive
  12. Defendants' Opposition to Motion for Preliminary Injunction — Brown v. AzarEntry 22 · CourtListener docket 280996
  13. —Entries 23–30 are not in the archive
  14. Motion for Leave to File Amicus Brief — Brown v. AzarEntry 31 · CourtListener docket 280996
  15. Amicus Curiae Brief (American Academy of Pediatrics et al.) — Brown v. Azar (N.D. Ga.)Entry 31, attachment 1 · CourtListener docket 280996
  16. Amicus Brief Appendix A (Expert Declarations) — Brown v. AzarEntry 31, attachment 2 · CourtListener docket 280996
  17. —Entry 32 is not in the archive
  18. —Entry 33: main document not in the archive
  19. Amicus Curiae Brief in Opposition to PI (Housing Advocates) — Brown v. Azar (N.D. Ga., 2020-10-13, 1)Entry 33, attachment 1 · CourtListener docket 280996
  20. —Entries 34–35 are not in the archive
  21. Amicus Curiae Brief in Opposition to PI (Economic Data) — Brown v. Azar (N.D. Ga., 2020-10-13, 2)Entry 36 · CourtListener docket 280996
  22. —Entries 37–42 are not in the archive
  23. —Entry 43: main document not in the archive
  24. Exhibit — CDC/HHS FAQ on Eviction Moratorium — Brown v. AzarEntry 43, attachment 1 · CourtListener docket 280996
  25. —Entry 44 is not in the archive
  26. Plaintiffs' Reply in Support of Motion for Preliminary Injunction — Brown v. AzarEntry 45 · CourtListener docket 280996
  27. —Entries 46–47 are not in the archive
  28. Order Denying Motion for Preliminary Injunction — Brown v. AzarEntry 48 · CourtListener docket 280996
  29. —Entry 49 is not in the archive
  30. Notice of Interlocutory Appeal — Brown v. Azar (N.D. Ga.)Entry 50 · CourtListener docket 280996
  31. Motion for Injunction Pending Appeal — Brown v. AzarEntry 51 · CourtListener docket 280996
  32. —Entries 52–57 are not in the archive
  33. Defendants' Opposition to Motion for Injunction Pending Appeal — Brown v. Azar (N.D. Ga.)Entry 58 · CourtListener docket 280996
  34. —Entries 59–64 are not in the archive
  35. undatedNotice of Extension of CDC Eviction Moratorium — Brown v. AzarEntry 65 · CourtListener docket 280996
  36. —Entries 66–70 are not in the archive
  37. Order to Show Cause (Mootness) — Brown v. Azar (N.D. Ga.)Entry 71 · CourtListener docket 280996
  38. Eleventh Circuit Order Dismissing Appeal as Moot — Brown v. AzarEntry 72 · CourtListener docket 280996

Documents without an entry number

  1. Order and — Report and Recommendation — Kimberly Brown v. Azar (Northern District of Georgia, Atlanta Division) · CourtListener docket 263974
  2. Objection to motion to dismiss — Brown v. Azar (N.D. Ga.) · CourtListener docket 263974

More documents from this case’s dockets

1 more document linked to this case’s dockets is in the archive and not in the docket above.

  1. Brief of Amici Curiae of the American Academy of Pediatrics, et al. Appendix B Table of AuthoritiesMemorandum or briefTable of Authorities, Appendix B to amici brief of the American Academy of Pediatrics, Brown v. Azar, No. 20-cv-03702-JPB (N.D. Ga.), Oct. 9, 2020.

Other cases in the archive from U.S. District Court for the Northern District of Georgia.

Court, dates and docket numbers are as recorded on the filings.

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