Notice of Related Decision (Terkel v. CDC) — Skyworks v. CDC

Summary

A notice filed March 3, 2021 by the defendants in Skyworks, Ltd. v. Centers for Disease Control and Prevention, Case No. 5:20-cv-02407-JPC, in the U.S. District Court for the Northern District of Ohio, Doc. 50. It informs the Court of a decision in Terkel v. Centers for Disease Control & Prevention, No. 20-564 (E.D. Tex.), which entered a declaratory judgment that the CDC Order exceeds Congress's powers under the Commerce Clause and the Necessary and Proper Clause. The defendants state that Defendants respectfully disagree with the Terkel decision, that the government has filed an appeal, and that the Terkel judgment does not extend beyond the plaintiffs in that case. The notice carries the /s/ signature of Leslie Cooper Vigen, Trial Attorney, and a certificate of service dated March 3, 2021.

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF OHIO 
EASTERN DIVISION 
 
SKYWORKS, LTD., et al., 
 
      Plaintiffs, 
 
v. 
 
CENTERS FOR DISEASE CONTROL AND 
PREVENTION, et al., 
 
      Defendants. 
 
 
 
 
 Case No. 5:20-cv-2407 
 
 Judge J. Philip Calabrese 
 
 Magistrate Judge Carmen E. Henderson 
 
 
 
NOTICE 
 
 
Defendants respectfully inform the Court of a decision in Terkel v. Centers for Disease Control & 
Prevention, No. 20-564 (E.D. Tex.), in which the court entered a declaratory judgment for the plaintiffs 
in that case that the Centers for Disease Control and Prevention (CDC) Order at issue here exceeds 
Congress’s powers under the Commerce Clause and the Necessary and Proper Clause.  See Terkel v. 
Centers for Disease Control & Prevention, No. 20-564, 2021 U.S. Dist. LEXIS 33570 (E.D. Tex. Feb. 25, 
2021).  The court in Terkel dismissed two plaintiffs for lack of standing, id. at *9–10, and, for the five 
“remaining plaintiffs,” entered “summary judgment granting declaratory relief in their favor,” id. 
at *31.  Defendants respectfully disagree with the Terkel decision, and the government has filed an 
appeal.  Defendants further note that (1) the Terkel opinion’s holding is irrelevant to this case, as 
Plaintiffs here do not contend that the CDC Order exceeds Congress’s powers under the Commerce 
Clause and the Necessary and Proper Clause; and (2) the Terkel judgment does not extend beyond the 
plaintiffs in that case and does not prohibit the application of the Order to any other parties, including 
the Plaintiffs in this case, see 28 U.S.C. § 2201 (court may “declare the rights and other legal relations 
of any interested party seeking such declaration” (emphasis added)).  
Case: 5:20-cv-02407-JPC  Doc #: 50  Filed:  03/03/21  1 of 3.  PageID #: 1842

 
 
Dated:  March 3, 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 
E-mail:  leslie.vigen@usdoj.gov 
 
Counsel for Defendants
Case: 5:20-cv-02407-JPC  Doc #: 50  Filed:  03/03/21  2 of 3.  PageID #: 1843

 
 
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:  March 3, 2021  
 
/s/ Leslie Cooper Vigen 
 
Trial Attorney 
 
 
 
Case: 5:20-cv-02407-JPC  Doc #: 50  Filed:  03/03/21  3 of 3.  PageID #: 1844

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