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Summons in a Civil Action, Doc. 2-2 — Apter v. Department of Health and Human Services

Date
2022-06-02

Summary

An AO 440 summons in a civil action in Robert L. Apter, M.D., FACEP, et al. v. Department of Health and Human Services, et al., Civil Action No. 3:22-cv-184, in the U.S. District Court for the Southern District of Texas, dated June 2, 2022 and filed as Document 2-2. It is directed to Xavier Becerra, in his official capacity as Secretary of Health and Human Services. The summons states that a lawsuit has been filed and that an answer or a motion under Rule 12 must be served within 21 days, or 60 days for the United States or a federal agency or officer. It names R. Trent McCotter of Boyden Gray & Associates PLLC as plaintiffs' counsel and warns that judgment by default will be entered for failure to respond. The second page is a proof of service form.

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Full text

                Case 3:22-cv-00184 Document 2-2 Filed on 06/02/22 in TXSD Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action


                                      UNITED STATES DISTRICT COURT
                                                                  for the
                                                     SouthernDistrict
                                                  __________ District of
                                                                      of __________
                                                                         Texas

        ROBERT L. APTER, M.D., FACEP, et al.                        )
                                                                    )
                                                                    )
                                                                    )
                            Plaintiff(s)                            )
                                                                    )
                                v.                                          Civil Action No. No. 3:22-cv-184
                                                                    )
      DEPARTMENT OF HEALTH AND HUMAN                                )
              SERVICES, et al.
                                                                    )
                                                                    )
                                                                    )
                           Defendant(s)                             )

                                                  SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)
                                       Xavier Becerra, in his official capacity as
                                       Secretary of Health and Human Services
                                       200 Independence Avenue, SW
                                       Washington, DC 20201



          A lawsuit has been filed against you.

         Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
                                       R. Trent McCotter
                                       Boyden Gray & Associates PLLC
                                       801 17th St NW, Suite 350
                                       Washington, DC 20006


       If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.



                                                                               CLERK OF COURT


Date:             06/02/2022
                                                                                         Signature of Clerk or Deputy Clerk
                 Case 3:22-cv-00184 Document 2-2 Filed on 06/02/22 in TXSD Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

 Civil Action No. No. 3:22-cv-184

                                                     PROOF OF SERVICE
                     (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

           This summons for (name of individual and title, if any)
 was received by me on (date)                                         .

           ’ I personally served the summons on the individual at (place)
                                                                                on (date)                             ; or

           ’ I left the summons at the individual’s residence or usual place of abode with (name)
                                                                 , a person of suitable age and discretion who resides there,
           on (date)                               , and mailed a copy to the individual’s last known address; or

           ’ I served the summons on (name of individual)                                                                      , who is
            designated by law to accept service of process on behalf of (name of organization)
                                                                                on (date)                             ; or

           ’ I returned the summons unexecuted because                                                                              ; or

           ’ Other (specify):
                                                                                                                                           .


           My fees are $                           for travel and $                  for services, for a total of $          0.00          .


           I declare under penalty of perjury that this information is true.


 Date:
                                                                                            Server’s signature



                                                                                        Printed name and title




                                                                                            Server’s address

 Additional information regarding attempted service, etc:


File and source

File
gov.uscourts.txsd.1875135.2.2.pdf
Size
38,295 bytes
SHA-256
01615f0b8be3a74193ad11c79963b13585542db4eb33f6013b9f164a2699ae40
Our copy
gov.uscourts.txsd.1875135.2.2.pdf
Original
archive.org
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