Court filing

Defendants' Answer to Complaint — Chambless v. Redfield

Filed February 9, 2021 in Chambless v. Redfield; one of 23 filings from this case.

Record facts

Court	UNITED STATES DISTRICT COURT
Filed	2021-02-09

UNITED STATES DISTRICT COURT · No. 3:20-cv-01455-TAD-KDM · Doc. 43 · 2021-02-09 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION

CHAMBLESS ENTERPRISES LLC, et al.,

Plaintiffs,

CENTERS FOR DISEASE CONTROL AND
PREVENTION, et al.,

Defendants.

Case No. 3:20-cv-1455

Judge Terry A. Doughty

Magistrate Judge Karen L. Hayes

ANSWER

Defendants Centers for Disease Control and Prevention; Rochelle P. Walensky, in her official
capacity as Director, Centers for Disease Control and Prevention; Sherri A. Berger, in her official
capacity as Acting Chief of Staff, Centers for Disease Control and Prevention; Department of Health
and Human Services; Norris Cochran, in his official capacity as Acting Secretary of Health and Human
Services; and Monty Wilkinson, in his official capacity as Acting Attorney General of the United
States,1 hereby answer Plaintiffs’ complaint as follows.
1.
Admit the first sentence. The second sentence consists of Plaintiffs’ characterization
of the Executive Order, not allegations of fact to which a response is required; to the extent a response
is deemed required, Defendants deny any characterization of the Executive Order, which speaks for
itself, and respectfully refer the Court to the Executive Order for a full and accurate statement of its
contents.
2.
This paragraph consists of Plaintiffs’ characterization of the Executive Order, not

1 Defendants Walensky, Berger, Cochran, and Wilkinson are automatically substituted as Defendants
in their official capacities pursuant to Federal Rule of Civil Procedure 25(d).
Case 3:20-cv-01455-TAD-KDM Document 43 Filed 02/09/21 Page 1 of 18 PageID #: 574

allegations of fact to which a response is required; to the extent a response is deemed required,
Defendants admit that the Executive Order contains the quoted text, deny any characterization of the
Executive Order, which speaks for itself, and respectfully refer the Court to the Executive Order for
a full and accurate statement of its contents.
3.
As to the first sentence, admit that CDC issued an order that took effect on September
4, 2020 (the “September 2020 CDC Order”), and otherwise deny. The second sentence consists of
conclusions of law, not allegations of fact to which a response is required; to the extent a response is
deemed required, Defendants admit that the September 2020 CDC Order contains the quoted text,
deny any characterization of the September 2020 CDC Order, which speaks for itself, and respectfully
refer the Court to the September 2020 CDC Order for a full and accurate statement of its contents.
4.
The first sentence consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants admit that Congress did
not impose an eviction moratorium that applied during the time period between the expiration of the
CARES Act moratorium and the effective date of the September 2020 CDC Order. The second
sentence consists of conclusions of law, not allegations of fact to which a response is required; to the
extent a response is deemed required, admit that the September 2020 CDC Order was issued pursuant
to authority granted by the Public Health Service Act, but otherwise deny.
5.
The first sentence consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants deny any
characterization of the Public Health Service Act and the regulations promulgated thereunder, which
speak for themselves, and respectfully refer the Court to those authorities for a full and accurate
statement of their contents. The second sentence consists of conclusions of law, not allegations of
fact to which a response is required; to the extent a response is deemed required, deny.
6.
Admit the first sentence. The second and third sentences consist of conclusions of
Case 3:20-cv-01455-TAD-KDM Document 43 Filed 02/09/21 Page 2 of 18 PageID #: 575

law, not allegations of fact to which a response is required. To the extent a response to the second
sentence is deemed required, the term “normal operations” is undefined and vague, and so Defendants
are unable to admit or deny the allegations of this sentence. To the extent a response to the third
sentence is deemed required, Defendants admit that under the Constitution, Congress writes
legislation, which upon passage is presented to the President for his signature or veto, see U.S. Const.
Art. I, sec. 7, and that the President “shall take care that the laws be faithfully executed,” U.S. Const.
Art. II, sec. 3.
7.
The first, second, and third sentences consist of conclusions of law, not allegations of
fact to which a response is required; to the extent a response is deemed required, deny. Deny the
fourth sentence.
8.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, deny.
9.
This paragraph consists of conclusions of law regarding jurisdiction, not allegations of
fact to which a response is required; to the extent a response is deemed required, admit that jurisdiction
is proper under 28 U.S.C. § 1331 for claims brought by all Plaintiffs other than the Apartment
Association of Louisiana, which lacks standing, and otherwise deny.
10.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, deny that Plaintiffs are entitled to
declaratory or injunctive relief.
11.
This paragraph consists of conclusions of law regarding venue, not allegations of fact
to which a response is required; to the extent a response is deemed required, admit that venue is proper
in this district.
12.
Defendants lack sufficient knowledge or information to form a belief about the truth
of the allegations in this paragraph.
Case 3:20-cv-01455-TAD-KDM Document 43 Filed 02/09/21 Page 3 of 18 PageID #: 576

13.
Defendants lack sufficient knowledge or information to form a belief about the truth
of the allegations in this paragraph.
14.
Admit.
15.
As to the first sentence, admit that Robert R. Redfield was Director of the CDC when
the complaint was filed; further aver that the Director of the CDC is now Rochelle P. Walensky. As
to the second sentence, admit that the September 2020 CDC Order was signed by Robert R. Redfield.
The third sentence consists of Plaintiff’s characterization of the action, not allegations of fact to which
a response is required.
16.
As to the first sentence, admit that Nina B. Witkofsky was Acting Chief of Staff for
CDC when the complaint was filed and that Ms. Witkofsky signed the Federal Register notice
publishing the September 2020 CDC Order; otherwise deny, and further aver that Sherri A. Berger is
now acting Chief of Staff for CDC. The second sentence consists of Plaintiffs’ characterization of
the action, not allegations of fact to which a response is required.
17.
As to the first sentence, admit that Alex Azar was Secretary of Health and Human
Services when the complaint was filed; further aver that the Acting Secretary of Health and Human
Services is now Norris Cochran. The second sentence consists of Plaintiff’s characterization of the
action, not allegations of fact to which a response is required.
18.
Admit.
19.
As to the first sentence, admit that William P. Barr was Attorney General of the United
States and head of the Department of Justice when the complaint was filed, and that the Department
of Justice had authority to enforce the September 2020 CDC Order; further aver that the Acting
Attorney General is now Monty Wilkinson. The second sentence consists of Plaintiff’s
characterization of the action, not allegations of fact to which a response is required.
20.
Admit. Defendants further aver that the currently operative CDC Order was
Case 3:20-cv-01455-TAD-KDM Document 43 Filed 02/09/21 Page 4 of 18 PageID #: 577

promulgated on January 29, 2021, and published in the Federal Register on February 3, 2021. See
Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19, 86 Fed. Reg.
8020 (Feb. 3, 2021).
21.
This paragraph consists of Plaintiffs’ characterization of the September 2020 CDC
Order, not allegations of fact to which a response is required. To the extent a response is deemed
required, Defendants admit that the September 2020 CDC Order contains the quoted text, deny any
characterization of the September 2020 CDC Order, which speaks for itself, and respectfully refer the
Court to the September 2020 CDC Order for a full and accurate statement of its contents.
22.
This paragraph consists of Plaintiffs’ characterization of the September 2020 CDC
Order, not allegations of fact to which a response is required. To the extent a response is deemed
required, Defendants admit that the September 2020 CDC Order contains the quoted text, deny any
characterization of the September 2020 CDC Order, which speaks for itself, and respectfully refer the
Court to the September 2020 CDC Order for a full and accurate statement of its contents.
23.
This paragraph consists of Plaintiffs’ characterization of the September 2020 CDC
Order, not allegations of fact to which a response is required. To the extent a response is deemed
required, Defendants admit that the September 2020 CDC Order contains the quoted text, deny any
characterization of the September 2020 CDC Order, which speaks for itself, and respectfully refer the
Court to the September 2020 CDC Order for a full and accurate statement of its contents.
24.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants admit that the
September 2020 CDC Order contains the quoted text, deny any characterization of the September
2020 CDC Order, which speaks for itself, and respectfully refer the Court to the September 2020
CDC Order for a full and accurate statement of its contents.
25.
This paragraph consists of conclusions of law, not allegations of fact to which a
Case 3:20-cv-01455-TAD-KDM Document 43 Filed 02/09/21 Page 5 of 18 PageID #: 578

response is required; to the extent a response is deemed required, Defendants admit that the
September 2020 CDC Order contains the quoted text, deny any characterization of the September
2020 CDC Order, which speaks for itself, and respectfully refer the Court to the September 2020
CDC Order for a full and accurate statement of its contents.
26.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants admit that the
September 2020 CDC Order contains the quoted text, deny any characterization of the September
2020 CDC Order, which speaks for itself, and respectfully refer the Court to the September 2020
CDC Order for a full and accurate statement of its contents.
27.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants deny any
characterization of the September 2020 CDC Order, which speaks for itself, and respectfully refer the
Court to the September 2020 CDC Order for a full and accurate statement of its contents.
28.
The first sentence consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants deny any
characterization of the September 2020 CDC Order, which speaks for itself, and respectfully refer the
Court to the September 2020 CDC Order for a full and accurate statement of its contents. The second
sentence consists of Plaintiffs’ characterization of a Frequently Asked Questions (“FAQs”) document
issued by CDC; Defendants admit that CDC (along with the Department of Health and Human
Services, the Department of Justice, and the Department of Housing and Urban Development) issued
the FAQs, deny any characterization of the FAQs, which speak for themselves, and respectfully refer
the Court to the FAQs for a full and accurate statement of their contents. As to the third and fourth
sentences, admit that the FAQs contain the quoted text, deny any characterization of the FAQs, which
speak for themselves, and respectfully refer the Court to the FAQs for a full and accurate statement
Case 3:20-cv-01455-TAD-KDM Document 43 Filed 02/09/21 Page 6 of 18 PageID #: 579

of their contents. Deny the fifth sentence.
29.
This paragraph consists of Plaintiffs’ characterization of the September 2020 CDC
Order, not allegations of fact to which a response is required. To the extent a response is deemed
required, Defendants admit that the September 2020 CDC Order contains the quoted text, deny any
characterization of the September 2020 CDC Order, which speaks for itself, and respectfully refer the
Court to the September 2020 CDC Order for a full and accurate statement of its contents.
30.
The first sentence consists of Plaintiffs’ characterization of the September 2020 CDC
Order, not allegations of fact to which a response is required; to the extent a response is deemed
required, Defendants deny any characterization of the September 2020 CDC Order, which speaks for
itself, and respectfully refer the Court to the September 2020 CDC Order for a full and accurate
statement of its contents. The second sentence consists of conclusions of law, not allegations of fact
to which a response is required; to the extent a response is deemed required, deny.
31.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants deny any
characterization 42 U.S.C. § 264 and 42 C.F.R. § 70.2, which speak for themselves, and respectfully
refer the Court to those authorities for a full and accurate statement of their contents.
32.
This paragraph consists of Plaintiffs’ characterization of 42 U.S.C. § 264, not
allegations of fact to which a response is required; to the extent a response is deemed required,
Defendants admit that 42 U.S.C. § 264 contains the quoted text, deny any characterization of 42 U.S.C.
§ 264, which speaks for itself, and respectfully refer the Court to 42 U.S.C. § 264 for a full and accurate
statement of its contents. Footnote 1 consists of legal conclusions, not allegations of fact to which a
response is required; to the extent a response is deemed required, admit.
33.
This paragraph consists of Plaintiffs’ characterization of 42 U.S.C. § 264, not
allegations of fact to which a response is required; to the extent a response is deemed required,
Case 3:20-cv-01455-TAD-KDM Document 43 Filed 02/09/21 Page 7 of 18 PageID #: 580

Defendants deny any characterization of 42 U.S.C. § 264, which speaks for itself, and respectfully refer
the Court to 42 U.S.C. § 264 for a full and accurate statement of its contents.
34.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants admit that the cited
authorities contain the quoted text, deny any characterization of those authorities, which speak for
themselves, and respectfully refer the Court to those authorities for a full and accurate statement of
their contents.
35.
This paragraph consists of Plaintiffs’ characterization of the September 2020 CDC
Order, not allegations of fact to which a response is required; to the extent a response is deemed
required, Defendants admit that the September 2020 CDC Order contains the quoted text, deny any
characterization of the September 2020 CDC Order, which speaks for itself, and respectfully refer the
Court to the September 2020 CDC Order for a full and accurate statement of its contents.
36.
The first sentence consists of legal conclusions, not allegations of fact to which a
response is required; to the extent a response is deemed required, deny. The second sentence consists
of Plaintiffs’ characterization of the September 2020 CDC Order, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants admit that the
September 2020 CDC Order contains the quoted text, deny any characterization of the CDC Order,
which speaks for itself, and respectfully refer the Court to the September 2020 CDC Order for a full
and accurate statement of its contents.
37.
Defendants lack sufficient knowledge or information to form a belief about the truth
of the allegations in this paragraph.
38.
Defendants lack sufficient knowledge or information to form a belief about the truth
of the allegations in this paragraph.
39.
Defendants lack sufficient knowledge or information to form a belief about the truth
Case 3:20-cv-01455-TAD-KDM Document 43 Filed 02/09/21 Page 8 of 18 PageID #: 581

of the allegations in this paragraph.
40.
Defendants lack sufficient knowledge or information to form a belief about the truth
of the allegations in this paragraph.
41.
Defendants lack sufficient knowledge or information to form a belief about the truth
of the allegations in this paragraph.
42.
Defendants lack sufficient knowledge or information to form a belief about the truth
of the allegations in this paragraph.
43.
Defendants lack sufficient knowledge or information to form a belief about the truth
of the allegations in this paragraph.
44.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants admit that a person who
violates the September 2020 CDC Order may be subject to criminal penalties.
45.
Defendants lack sufficient knowledge or information to form a belief about the truth
of the allegations in this paragraph.
46.
Defendants restate and incorporate by reference the responses contained in all
preceding paragraphs.
47.
The first sentence consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants deny any
characterization of 5 U.S.C. § 704, which speaks for itself, and respectfully refer the Court to 5 U.S.C.
§ 704 for a full and accurate statement of its contents. The second sentence consists of conclusions
of law, not allegations of fact to which a response is required; to the extent a response is deemed
required, Defendants admit that the September 2020 CDC Order was final agency action within the
meaning of 5 U.S.C. § 704.
48.
This paragraph consists of conclusions of law, not allegations of fact to which a
Case 3:20-cv-01455-TAD-KDM Document 43 Filed 02/09/21 Page 9 of 18 PageID #: 582

response is required; to the extent a response is deemed required, Defendants deny any
characterization of 5 U.S.C. § 706, which speaks for itself, and respectfully refer the Court to 5 U.S.C.
§ 706 for a full and accurate statement of its contents.
49.
This paragraph consists of Plaintiffs’ characterization of the September 2020 CDC
Order, not allegations of fact to which a response is required; to the extent a response is deemed
required, Defendants admit that the September 2020 CDC Order contains the quoted text, deny any
characterization of the CDC Order, which speaks for itself, and respectfully refer the Court to the
September 2020 CDC Order for a full and accurate statement of its contents.
50.
To the extent that this paragraph consists of factual allegations concerning Plaintiffs’
leases, Defendants lack sufficient knowledge or information to form a belief about the truth of the
allegations. To the extent that this paragraph consists of legal conclusions, no response is required,
but if a response is deemed required, Defendants deny any characterization of the relevant authorities,
which speak for themselves, and respectfully refer the Court to those authorities for a full and accurate
statement of their contents.
51.
To the extent that this paragraph consists of factual allegations concerning Plaintiffs’
tenants, Defendants lack sufficient knowledge or information to form a belief about the truth of the
allegations in this paragraph. To the extent that this paragraph consists of legal conclusions regarding
the September 2020 CDC Order, Defendants deny any characterization of the September 2020 CDC
Order, which speaks for itself, and respectfully refer the Court to the September 2020 CDC Order for
a full and accurate statement of its contents.
52.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants admit that the
September 2020 CDC Order contains the quoted text, deny any characterization of the September
2020 CDC Order, which speaks for itself, and respectfully refer the Court to the September 2020
Case 3:20-cv-01455-TAD-KDM Document 43 Filed 02/09/21 Page 10 of 18 PageID #: 583

CDC Order for a full and accurate statement of its contents.
53.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants lack sufficient
knowledge or information to form a belief about the truth of the allegations in this paragraph.
54.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants admit that the
September 2020 CDC Order contains the quoted text (without the emphasis added by Plaintiffs), deny
any characterization of the September 2020 CDC Order, which speaks for itself, and respectfully refer
the Court to the September 2020 CDC Order for a full and accurate statement of its contents.
55.
To the extent this paragraph consists of conclusions of law, Defendants deny any
characterization of the September 2020 CDC Order, which speaks for itself, and respectfully refer the
Court to the September 2020 CDC Order for a full and accurate statement of its contents; to the
extent this paragraph consists of allegations of fact, Defendants lack information sufficient to admit
or deny the allegations of this paragraph.
56.
Admit that the September 2020 CDC Order was issued pursuant to 42 U.S.C. § 264
and 42 C.F.R. § 70.2.
57.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, deny.
58.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, deny.
59.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants deny any
characterization of the September 2020 CDC Order, which speaks for itself, and respectfully refer the
Court to the September 2020 CDC Order for a full and accurate statement of its contents.
Case 3:20-cv-01455-TAD-KDM Document 43 Filed 02/09/21 Page 11 of 18 PageID #: 584

60.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, deny.
61.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, deny.
62.
To the extent the first sentence consists of conclusions of law, no response is required,
but if a response is deemed required, Defendants deny any characterization of the September 2020
CDC Order, which speaks for itself, and respectfully refer the Court to the September 2020 CDC
Order for a full and accurate statement of its contents; to the extent the first sentence consists of
allegations of fact, Defendants lack information sufficient to admit or deny the allegations of this
sentence. The second sentence consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, deny.
63.
Defendants restate and incorporate by reference the responses contained in all
preceding paragraphs.
64.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, deny.
65.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants admit that Article I,
section 1 of the U.S. Constitution contains the quoted text, deny any characterization of Article I,
section 1 of the U.S. Constitution, which speaks for itself, and respectfully refer the Court to Article
I, section 1 of the U.S. Constitution for a full and accurate statement of its contents.
66.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants deny any
characterization of Article I, section 1 of the U.S. Constitution, which speaks for itself, and respectfully
refer the Court to Article I, section 1 of the U.S. Constitution for a full and accurate statement of its
Case 3:20-cv-01455-TAD-KDM Document 43 Filed 02/09/21 Page 12 of 18 PageID #: 585

contents.
67.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants deny any
characterization of Article I, section 1 of the U.S. Constitution, which speaks for itself, and respectfully
refer the Court to Article I, section 1 of the U.S. Constitution for a full and accurate statement of its
contents.
68.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants deny any
characterization of Article I, section 1 of the U.S. Constitution, which speaks for itself, and respectfully
refer the Court to Article I, section 1 of the U.S. Constitution for a full and accurate statement of its
contents.
69.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, deny.
70.
The first sentence consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants deny any
characterization of 42 U.S.C § 264 and 42 C.F.R. § 70.2, which speak for themselves, and respectfully
refer the Court to those authorities for a full and accurate statement of their contents. The second
sentence consists of conclusions of law, not allegations of fact to which a response is required; to the
extent a response is deemed required, deny.
71.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants deny any
characterization of 42 U.S.C § 264 and 42 C.F.R. § 70.2, which speak for themselves, and respectfully
refer the Court to those authorities for a full and accurate statement of their contents.
72.
This paragraph consists of conclusions of law, not allegations of fact to which a
Case 3:20-cv-01455-TAD-KDM Document 43 Filed 02/09/21 Page 13 of 18 PageID #: 586

response is required; to the extent a response is deemed required, deny.
73.
Defendants restate and incorporate by reference the responses contained in all
preceding paragraphs.
74.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants deny any
characterization of 5 U.S.C. § 553, which speaks for itself, and respectfully refer the Court to 5 U.S.C.
§ 553 for a full and accurate statement of its contents.
75.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants deny any
characterization of 5 U.S.C. § 553, which speaks for itself, and respectfully refer the Court to 5 U.S.C.
§ 553 for a full and accurate statement of its contents.
76.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants deny any
characterization of 5 U.S.C. § 551 and 5 U.S.C. § 553, which speak for themselves, and respectfully
refer the Court to those authorities for a full and accurate statement of its contents.
77.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, deny.
78.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required. To the extent a response to the first and second sentences is deemed required,
Defendants admit that 5 U.S.C. § 553(b)(B) contains the quoted text, deny any characterization of
5 U.S.C. § 553(b)(B), which speaks for itself, and respectfully refer the Court to 5 U.S.C. § 553(b)(B)
for a full and accurate statement of its contents. To the extent a response to the third sentence is
deemed required, deny.
79.
This paragraph consists of conclusions of law, not allegations of fact to which a
Case 3:20-cv-01455-TAD-KDM Document 43 Filed 02/09/21 Page 14 of 18 PageID #: 587

response is required; to the extent a response is deemed required, deny.
80.
Defendants restate and incorporate by reference the responses contained in all
preceding paragraphs.
81.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, Defendants deny any
characterization of 5 U.S.C. § 706(2)(A), which speaks for itself, and respectfully refer the Court to 5
U.S.C. § 706(2)(A) for a full and accurate statement of its contents.
82.
The first sentence consists of Plaintiffs’ characterization of the September 2020 CDC
Order, not allegations of fact to which a response is required; to the extent a response is deemed
required, Defendants deny any characterization of the September 2020 CDC Order, which speaks for
itself, and respectfully refer the Court to the September 2020 CDC Order for a full and accurate
statement of its contents. The second sentence consists of conclusions of law, not allegations of fact
to which a response is required; to the extent a response is deemed required, deny.
83.
As to the first sentence, admit that CDC issued the September 2020 CDC Order in
September 2020, and otherwise deny; further aver that the World Health Organization declared
COVID-19 a pandemic on March 11, 2020. The second sentence consists of Plaintiffs’
characterization of the September 2020 CDC Order, not allegations of fact to which a response is
required; to the extent a response is deemed required, Defendants deny any characterization of the
September 2020 CDC Order, which speaks for itself, and respectfully refer the Court to the September
2020 CDC Order for a full and accurate statement of its contents.
84.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, deny.
85.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, deny.
Case 3:20-cv-01455-TAD-KDM Document 43 Filed 02/09/21 Page 15 of 18 PageID #: 588

86.
This paragraph consists of conclusions of law, not allegations of fact to which a
response is required; to the extent a response is deemed required, deny.

The remaining paragraphs of the complaint contain a prayer for relief, to which no response
is required. To the extent a response is deemed required, Defendants deny any allegations contained
in the prayer for relief and further deny that Plaintiffs are entitled to the requested relief or to any
relief whatsoever.
DEFENSES

1.
The Court lacks subject matter jurisdiction over certain claims.

2.
Plaintiffs fail to state a claim upon which relief may be granted.

3.
Defendants’ actions did not violate the U.S. Constitution, the Administrative
Procedure Act, or any other statutory or regulatory provision.
CONCLUSION

WHEREFORE, having fully answered, Defendants respectfully request that the Court enter
judgment dismissing this action with prejudice and awarding Defendants costs and such other relief
as the Court may deem appropriate. Each and every allegation of the Complaint not heretofore
expressly admitted or denied is hereby denied.
Dated: February 9, 2021
Respectfully submitted,

BRIAN M. BOYNTON
Acting Assistant Attorney General

ERIC BECKENHAUER
Assistant Director, Federal Programs Branch

/s/ Steven A, Myers
STEVEN A. MYERS
Senior Trial Counsel (NY Bar No. 4823043)
LESLIE COOPER VIGEN
Trial Attorney (DC Bar No. 1019782)
United States Department of Justice
Civil Division, Federal Programs Branch
Case 3:20-cv-01455-TAD-KDM Document 43 Filed 02/09/21 Page 16 of 18 PageID #: 589

1100 L Street, NW
Washington, DC 20005
Tel: (202) 305-8648
Fax: (202) 616-8470
E-mail: steven.a.myers@usdoj.gov

Counsel for Defendants
Case 3:20-cv-01455-TAD-KDM Document 43 Filed 02/09/21 Page 17 of 18 PageID #: 590

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 9, 2021

/s/ Steven A. Myers

Steven A. Myers

Case 3:20-cv-01455-TAD-KDM Document 43 Filed 02/09/21 Page 18 of 18 PageID #: 591

File and source

File: gov.uscourts.lawd.176977.43.0_1.pdf
Size: 109,947 bytes
SHA-256: 804a6e788895474156ba01b7676ff65aa13307fe73eb76c06c30e9bd75e6fa18
Our copy: gov.uscourts.lawd.176977.43.0_1.pdf
Original: archive.org

Defendants' Answer to Complaint — Chambless v. Redfield

Record facts

Full text

File and source

Related records