Notice of Extension of CDC Eviction Moratorium — Brown v. Azar

Summary

Defendants' Notice of Extension, Document 65 filed 02/01/21 in Richard Lee Brown et al. v. Norris Cochran, in his official capacity as Secretary U.S. Department of Health & Human Services, et al., Case No. 1:20-cv-3702-JPB, in the U.S. District Court for the Northern District of Georgia, Atlanta Division. Defendants notify the Court that on January 29, 2021 the Director of the Centers for Disease Control and Prevention signed an Order extending and superseding the September 4, 2020 Order temporarily halting residential evictions of covered persons. The Order is effective on January 31, 2021 and remains in effect, unless extended, modified or rescinded, through March 31, 2021. A footnote records automatic substitutions of Norris Cochran for Alex Azar and Sherri A. Berger for Nina B. Witkovsky under Federal Rule of Civil Procedure 25(d).

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         Case 1:20-cv-03702-JPB Document 65 Filed 02/01/21 Page 1 of 4




                 IN THE UNITED STATES DISTRICT COURT
                FOR THE NORTHERN DISTRICT OF GEORGIA
                          ATLANTA DIVISION

 RICHARD LEE BROWN et al.,

       Plaintiffs,
                                            Case No. 1:20-cv-3702-JPB
        v.

 NORRIS COCHRAN, in his official
 capacity as Secretary U.S. Department
 of Health & Human Services et al., 1

       Defendants.


                     DEFENDANTS’ NOTICE OF EXTENSION

       Defendants respectfully notify the Court that, on January 29, 2021, the

Director of the Centers for Disease Control and Prevention (CDC) signed an Order

extending and superseding the September 4, 2020 Order temporarily halting

residential evictions of covered persons to prevent the further spread of COVID-

19.   See Exhibit A.   This Order provides that it “is effective on January 31, 2021



1 Pursuant to Federal Rule of Civil Procedure 25(d), automatic substitutions are

made for the following defendants sued in their official capacities: Norris Cochran,
Acting Secretary of Health and Human Services, for Alex Azar; and Sherri A.
Berger, Acting Chief of Staff for Centers for Disease Control and Prevention, for
Nina B. Witkovsky.
         Case 1:20-cv-03702-JPB Document 65 Filed 02/01/21 Page 2 of 4




and will remain in effect unless extended, modified or rescinded, through March

31, 2021.”    Id. at 13.    The Order incorporates much of the content of the

September 4, 2020 Order, id. at 4, but adds new evidence that provides additional

support for the Director’s conclusion that the Order is reasonably necessary to

prevent the further spread of COVID-19, see, e.g., id. at 3, 5–6, 8–9, 11.

Dated:   February 1, 2021


                                               Respectfully submitted,

                                               BRIAN M. BOYNTON
                                               Acting Assistant Attorney General

                                               ERIC BECKENHAUER
                                               Assistant Director, Federal Programs
                                               Branch

                                               /s/ Leslie Cooper Vigen
                                               LESLIE COOPER VIGEN
                                               Trial Attorney (DC Bar No. 1019782)
                                               STEVEN A. MYERS
                                               Senior Trial Counsel (NY Bar No.
                                               4823043)
                                               United States Department of Justice
                                               Civil Division, Federal Programs
                                               Branch
                                               1100 L Street NW
                                               Washington, DC 20005
                                               Tel: (202) 305-0727
                                               Fax: (202) 616-8470




                                           2
Case 1:20-cv-03702-JPB Document 65 Filed 02/01/21 Page 3 of 4




                                 E-mail:   leslie.vigen@usdoj.gov

                                 Counsel for Defendants




                             3
         Case 1:20-cv-03702-JPB Document 65 Filed 02/01/21 Page 4 of 4




                       CERTIFICATE OF COMPLIANCE

      I hereby certify, pursuant to Local Rules 5.1 and 7.1(D), that I prepared the

foregoing document using Book Antiqua, 13-point font.




                                         /s/ Leslie Cooper Vigen_____________
                                         LESLIE COOPER VIGEN
                                         United States Department of Justice


                            CERTIFICATE OF SERVICE

      I hereby certify I served this document today by filing it using the Court’s

CM/ECF system, which will automatically notify all counsel of record.




Dated:   February 1, 2021


                                          /s/ Leslie Cooper Vigen
                                          LESLIE COOPER VIGEN
                                          United States Department of Justice


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