Motion for Preliminary Injunction — Changizi v. HHS

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IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF OHIO 
COLUMBUS DIVISION 
 
 
MARK CHANGIZI, 
) 
MICHAEL P. SENGER, 
) 
DANIEL KOTZIN, 
)     
 
 
 
 
Plaintiffs, 
 
 
   ) 
 
             
   ) 
  
 
v. 
 
    
                           ) 
Civil Action No.: 2:22-cv-01776 
 
 
    
 
 
 
   ) 
 
 
 
DEPARTMENT OF HEALTH AND 
   ) 
HUMAN SERVICES; 
 
 
   ) 
VIVEK MURTHY, United States   
   ) 
MOTION FOR A PRELIMINARY  
Surgeon General in his 
) 
INJUNCTION 
official capacity, and  
) 
XAVIER BECERRA,  
) 
Secretary of the Department 
) 
 
of Health and Human Services 
) 
in his official capacity, 
) 
 
) 
Defendants.   
) 
 
PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION 
 
COME NOW Plaintiffs Mark Changizi, Michael P. Senger, and Daniel P. Kotzin.  Pursuant 
to Rule 65(a) of the Federal Rules of Civil Procedure, Plaintiffs move for a Preliminary Injunction 
against Defendants: the Department of Health and Human Services (HHS), United States Surgeon 
General Vivek Murthy, and Secretary of HHS Xavier Becerra (collectively, “Defendants”).   
Plaintiffs ask this Court to preliminarily enjoin Defendants from continuing to demand that 
technology companies censor and ban users who articulate views that depart from the 
Government’s messaging on COVID-19, to threaten them with adverse action if they do not 
comply, and to retract the March 3, 2022 Request for Information (RFI). 
 
As explained more thoroughly in Plaintiffs’ Complaint and the Memorandum in support 
of this Motion, time is of the essence and Plaintiffs will suffer irreparable harm without urgent, 

emergency injunctive relief from this Court.  Respectfully, Plaintiffs ask this Court to grant 
expedited relief on the papers and/or hold a hearing on Plaintiffs’ request for injunctive relief as 
soon as practicable.  Plaintiffs respectfully request oral argument because of the complexities and 
importance of the issues in this case.   
 
 
WHEREFORE, Plaintiffs respectfully request that the Court grant the foregoing Motion 
and enter the proposed Preliminary Injunction. 
 
 
 
 
 
 
 
Respectfully submitted, 
 
/s/ Angela Lavin 
Angela M. Lavin (0069604) 
Jay R. Carson (0068526) 
Local Counsel 
WEGMANHESSLER 
6055 Rockside Woods Boulevard North 
Suite 200 
Cleveland, Ohio 44131 
Telephone: (216) 642-3342 
Facsimile: (216) 642-8826 
AMlavin@wegmanlaw.com 
 
/s/Jenin Younes 
Jenin Younes* 
Litigation Counsel 
NEW CIVIL LIBERTIES ALLIANCE 
1225 19th Street NW, Suite 450 
Washington, DC 20036 
Telephone: (202) 869-5210 
Facsimile: (202) 869-5238 
jenin.younes@ncla.legal 
 
Admitted pro hac vice 
 
* Admitted only in New York.  DC practice 
limited to matters and proceedings before 
United States courts and agencies.  Practicing 
under members of the District of Columbia 
Bar. 
 
Attorneys for Plaintiffs

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