Joint Status Report — Skyworks v. CDC

Record facts

U.S. District Court for the Northern District of Ohio · No. 5:20-cv-02407-JPC · Doc. 45 · 2021-01-27 · Docket on CourtListener

Summary

A joint status report in Skyworks, Ltd., et al. v. Centers for Disease Control and Prevention, et al., Case No. 5:20-cv-02407-JPC, filed January 27, 2021 as Document 45 in the U.S. District Court for the Northern District of Ohio, Eastern Division. The parties file it pursuant to the court's order of December 23, 2020. The report states that Congress's extension of the CDC order at issue, 85 Fed. Reg. 55292 (Sept. 4, 2020), became law on December 27, 2020 and is set to expire on January 31, 2021, citing the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260. It reports that on January 20, 2021 the CDC Director issued a media statement saying the order halting residential evictions would be extended until at least March 31, 2021, and that no extension had yet issued. The parties propose to file another joint status report on February 2, 2021.

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF OHIO 
EASTERN DIVISION 
 
 
SKYWORKS, LTD., CEDARWOOD 
VILLAGE APARTMENTS I & II OWNER 
B, LLC; MONARCH INVESTMENT AND 
MANAGEMENT GROUP, LLC; TOLEDO 
PROPERTIES OWNER B, LLC; and 
NATIONAL ASSOCIATION OF HOME 
BUILDERS, 
 
Plaintiffs, 
 
v. 
 
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; MONTY 
WILKINSON, in his official capacity as 
Acting Attorney General of the United 
States,1  
 
Defendants. 
 
 
 
Case No. 5:20-cv-02407-JPC 
 
 
JOINT STATUS REPORT 
 
 
 
 
Pursuant to the Court’s Order of December 23, 2020, the parties file the following joint 
status report: 
 
1 Pursuant to Federal Rule of Civil Procedure 25(d), automatic substitutions are made for the 
following defendants sued in their official capacities: Rochelle P. Walensky, Director, Centers 
for Disease Control and Prevention, for Robert R. Redfield; Sherri A. Berger, Acting Chief of 
Staff for Centers for Disease Control and Prevention, for Nina B. Witkovsky; Norris Cochran, 
Acting Secretary of Health and Human Services, for Alex Azar; and Monty Wilkinson, Acting 
United States Attorney General, for William P. Barr. 
Case: 5:20-cv-02407-JPC  Doc #: 45  Filed:  01/27/21  1 of 3.  PageID #: 561

Congress’s extension of the Centers for Disease Control and Prevention (CDC) Order at 
issue here, see Temporary Halt in Residential Evictions To Prevent the Further Spread of 
COVID-19, 85 Fed. Reg. 55292 (Sept. 4, 2020), which became law on December 27, 2020, is set 
to expire on January 31, 2021. See Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, 
div. N, tit. V, § 502, 134 Stat. 1182, 2079 (2020). On January 20, 2021, CDC Director Dr. 
Rochelle Walensky, issued the following media statement: “As a protective public health 
measure, I will extend the current order temporarily halting residential evictions until at least 
March 31, 2021.” Media Statement, Centers for Disease Control and Prevention, Media 
Statement from CDC Director Rochelle P. Walensky, MD, MPH, on Extending the Eviction 
Moratorium (Jan. 20, 2021), https://www.cdc.gov/media/releases/2021/s0121-eviction-
moratorium.html. An extension has not yet issued.  
Accordingly, the parties propose that they submit another joint status report on Tuesday, 
February 2, 2021. This will give the parties an opportunity to review any extension that issues 
and to discuss whether and to what extent further briefing on Plaintiffs’ motion for preliminary 
injunction, or some other course of action in this case, may be necessary or advisable.  
Case: 5:20-cv-02407-JPC  Doc #: 45  Filed:  01/27/21  2 of 3.  PageID #: 562

 
DATED:  January 27, 2021. 
Respectfully submitted: 
/s/ Steven M. Simpson  
STEVEN M. SIMPSON* 
DC Bar No. 462553 
Pacific Legal Foundation 
3100 Clarendon Blvd., Suite 610 
Arlington, VA, 22201 
Tel: (202) 888-6881 
SSimpson@pacificlegal.org 
 
MAURICE A. THOMPSON 
(0078548) 
1851 Center for Constitutional Law 
122 E Main St. 
Columbus, OH 43215 
Tel: (614) 340-9817 
Mthompson@ohioconstitution.org  
 
 
LUKE A. WAKE* 
DC Bar No. 1009181 
ETHAN W. BLEVINS* 
Washington State Bar No. 48219 
HANNAH SELLS MARCLEY* 
Washington State Bar No. 52692 
Pacific Legal Foundation 
930 G Street 
Sacramento CA 95814 
Tel: (916) 419-7111 
Fax: (916) 419-7747 
LWake@pacificlegal.org  
EBlevins@pacifclegal.org 
HMarcley@pacificlegal.org 
 
 
*Pro Hac Vice 
 
Attorneys for Plaintiffs 
 
 
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 No. 482043) 
United States Department of Justice 
Civil Division, Federal Programs Branch 
1101 L Street, NW 
Washington, DC 20005 
Tel: (202) 305-0727 
Fax: (202) 616-8470 
Leslie.vigen@usdoj.gov 
 
Counsel for Defendants  
 
 
 
 
Case: 5:20-cv-02407-JPC  Doc #: 45  Filed:  01/27/21  3 of 3.  PageID #: 563

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