Final Judgment — Terkel v. CDC

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U.S. District Court for the Eastern District of Texas · No. 6:20-cv-00564-JCB · Doc. 46 · 2021-02-25 · Docket on CourtListener

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No. 6:20-cv-00564 
Lauren Terkel; Pineywoods Arcadia Home Team, Ltd.; 
Lufkin Creekside Apartments, Ltd.; Lufkin Creekside 
Apartments II, Ltd.; Lakeridge Apartments, Ltd.;  
Weatherford Meadow Vista Apartments, LP; and  
MacDonald Property Management, LLC, 
Plaintiffs, 
v. 
Centers for Disease Control and Prevention; Director Ro-
chelle P. Walensky; Acting Chief Sherri A. Berger; United 
States Department of Health and Human Services; Acting 
Secretary Norris Cochran; and United States of America, 
Defendants. 
FINAL JUDGMENT 
The claims of plaintiffs Pineywoods Arcadia Home Team, 
Ltd. and Weatherford Meadow Vista Apartments, LP are dis-
missed without prejudice for lack of standing. 
The court declares that the challenged agency order—
Temporary Halt in Residential Evictions to Prevent the Fur-
ther Spread of COVID-19, 85 Fed. Reg. 55,292 (Sept. 4, 2020),  
extended and modified by 86 Fed. Reg. 8,020 (Feb. 3, 2021)— 
exceeds the power granted to the federal government to “reg-
ulate Commerce . . . among the several States” and to “make 
all Laws which shall be necessary and proper for carrying into 
Execution” that power, U.S. Const. art. I, § 8. That order is 
held and declared unlawful as “contrary to constitutional . . . 
power.” 5 U.S.C. § 706(2)(B). 
Plaintiffs’ prayer for injunctive relief is denied without 
prejudice.  
Case 6:20-cv-00564-JCB   Document 46   Filed 02/25/21   Page 1 of 2 PageID #:  1765

 
- 2 - 
The clerk of court is directed to enter this document on the 
docket as a final judgment pursuant to Federal Rule of Civil 
Procedure 58 and to close this case.  
So ordered by the court on February 25, 2021. 
  
J. CAMPBELL BARKER 
United States District Judge 
 
Case 6:20-cv-00564-JCB   Document 46   Filed 02/25/21   Page 2 of 2 PageID #:  1766

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