Court filing

Final Judgment — Terkel v. CDC

Summary

The Final Judgment in Lauren Terkel, et al. v. Centers for Disease Control and Prevention, et al., No. 6:20-cv-00564, U.S. District Court for the Eastern District of Texas, filed February 25, 2021 as Document 46. The court dismisses the claims of Pineywoods Arcadia Home Team, Ltd. and Weatherford Meadow Vista Apartments, LP without prejudice for lack of standing. It declares that the CDC order Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19, 85 Fed. Reg. 55,292 (Sept. 4, 2020), as extended by 86 Fed. Reg. 8,020, exceeds the power granted to the federal government under U.S. Const. art. I, § 8, and holds it unlawful under 5 U.S.C. § 706(2)(B). The plaintiffs' prayer for injunctive relief is denied without prejudice, and the order names J. Campbell Barker, United States District Judge.

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Filed February 25, 2021 in Terkel v. Centers for Disease Control and Prevention; one of 16 filings from this case.

Record facts

Court	U.S. District Court for the Eastern District of Texas
Filed	2021-02-25

Cite this document

“Final Judgment — Terkel v. CDC.” U.S. District Court for the Eastern District of Texas, No. 6:20-cv-00564-JCB, Doc. 46, filed 2021-02-25. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/terkel-v-cdc/2021-02-25-final-judgment/, SHA-256 23b0e50a71b091b9ebcb16db10f154288fbc6731a9e8964712d40003cd07ddf0.

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Full text

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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File: gov.uscourts.txed.201598.46.0.pdf
Size: 281,498 bytes
SHA-256: 23b0e50a71b091b9ebcb16db10f154288fbc6731a9e8964712d40003cd07ddf0
Our copy: gov.uscourts.txed.201598.46.0.pdf
Original: archive.org