Summons in a Civil Action, Doc. 8 — Apter v. Department of Health and Human Services
- Date
- 2022-06-02
Summary
A set of AO 440 summons forms issued 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, filed June 3, 2022 as Document 8. The summonses are addressed to Xavier Becerra, in his official capacity as Secretary of Health and Human Services, and Robert M. Califf, in his official capacity as Commissioner of Food and Drugs, with copies directed to the Attorney General and the U.S. Attorney's Office. Each states that a defendant has 21 days after service, or 60 days for the United States or its agencies and officers, to answer the complaint or file a motion under Rule 12. Each names plaintiffs' counsel R. Trent McCotter and is signed for Clerk of Court Nathan Ochsner, followed by a blank proof of service form.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
Case 3:22-cv-00184 Document 8 Filed on 06/03/22 in TXSD Page 1 of 24
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
c/o Merrick B. Garland
Attorney General
U.S. Department of Justice
950 Pennsylvania Ave NW
Washington, DC 20530-0001
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.
Nathan
CLERK Ochsner, Clerk of Court
OF COURT
06/02/2022
Date: June 3, 2022
Date:
s/ Vanesa Aranda
Signature of Clerk or Deputy Clerk
Signature of Clerk or Deputy Clerk
Case 3:22-cv-00184 Document 8 Filed on 06/03/22 in TXSD Page 2 of 24
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:
Case 3:22-cv-00184 Document 8 Filed on 06/03/22 in TXSD Page 3 of 24
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
c/o Civil Process Clerk
U.S. Attorney's Office
Southern District of Texas
1000 Louisiana, Suite 2300
Houston, TX 77002
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
Nathan Ochsner, Clerk of Court
Date: June 3, 06/02/2022
Date: 2022
Signature
s/ Vanesa of Clerk or Deputy Clerk
Aranda
Signature of Clerk or Deputy Clerk
Case 3:22-cv-00184 Document 8 Filed on 06/03/22 in TXSD Page 4 of 24
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:
Case 3:22-cv-00184 Document 8 Filed on 06/03/22 in TXSD Page 5 of 24
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.
Nathan
CLERK Ochsner, Clerk of Court
OF COURT
Date: June 3, 2022
06/02/2022
s/ Vanesa Aranda
Signature of Clerk or Deputy Clerk
Signature of Clerk or Deputy Clerk
Case 3:22-cv-00184 Document 8 Filed on 06/03/22 in TXSD Page 6 of 24
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:
Case 3:22-cv-00184 Document 8 Filed on 06/03/22 in TXSD Page 7 of 24
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)
Robert M. Califf, in his official capacity as
Commissioner of Food and Drugs
c/o Merrick B. Garland
Attorney General
U.S. Department of Justice
950 Pennsylvania Ave NW
Washington, DC 20530-0001
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
Nathan Ochsner, Clerk of Court
06/02/2022
Date: June 3, 2022
Date:
Signature
s/ Vanesa of Clerk or Deputy Clerk
Aranda
Signature of Clerk or Deputy Clerk
Case 3:22-cv-00184 Document 8 Filed on 06/03/22 in TXSD Page 8 of 24
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:
Case 3:22-cv-00184 Document 8 Filed on 06/03/22 in TXSD Page 9 of 24
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)
Robert M. Califf, in his official capacity as
Commissioner of Food and Drugs
c/o Civil Process Clerk
U.S. Attorney's Office
Southern District of Texas
1000 Louisiana, Suite 2300
Houston, TX 77002
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.
Nathan
CLERK Ochsner, Clerk of Court
OF COURT
06/02/2022
Date: June 3, 2022
Date:
s/ Vanesa Aranda
Signature of Clerk or Deputy Clerk
Signature of Clerk or Deputy Clerk
Case 3:22-cv-00184 Document 8 Filed on 06/03/22 in TXSD Page 10 of 24
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:
Case 3:22-cv-00184 Document 8 Filed on 06/03/22 in TXSD Page 11 of 24
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)
Robert M. Califf, in his official capacity as
Commissioner of Food and Drugs
10903 New Hampshire Ave
Silver Spring, MD 20993-0002
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
Nathan Ochsner, Clerk of Court
Date: June 3, 06/02/2022
Date: 2022
Signature
s/ Vanesa of Clerk or Deputy Clerk
Aranda
Signature of Clerk or Deputy Clerk
Case 3:22-cv-00184 Document 8 Filed on 06/03/22 in TXSD Page 12 of 24
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:
Case 3:22-cv-00184 Document 8 Filed on 06/03/22 in TXSD Page 13 of 24
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)
Food and Drug Administration
c/o Merrick B. Garland
Attorney General
U.S. Department of Justice
950 Pennsylvania Ave NW
Washington, DC 20530-0001
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.
Nathan
CLERK Ochsner, Clerk of Court
OF COURT
Date: June 3, 2022
Date: 06/02/2022
s/ Vanesa Aranda
Signature of Clerk or Deputy Clerk
Signature of Clerk or Deputy Clerk
Case 3:22-cv-00184 Document 8 Filed on 06/03/22 in TXSD Page 14 of 24
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:
Case 3:22-cv-00184 Document 8 Filed on 06/03/22 in TXSD Page 15 of 24
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)
Food and Drug Administration
c/o Civil Process Clerk
U.S. Attorney's Office
Southern District of Texas
1000 Louisiana, Suite 2300
Houston, TX 77002
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.
Nathan
CLERK Ochsner, Clerk of Court
OF COURT
06/02/2022
Date: June 3, 2022
s/ Vanesa Aranda
Signature of Clerk or Deputy Clerk
Signature of Clerk or Deputy Clerk
Case 3:22-cv-00184 Document 8 Filed on 06/03/22 in TXSD Page 16 of 24
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:
Case 3:22-cv-00184 Document 8 Filed on 06/03/22 in TXSD Page 17 of 24
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)
Food and Drug Administration
10903 New Hampshire Ave
Silver Spring, MD 20993-0002
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
Nathan Ochsner, Clerk of Court
Date: June 3, 06/02/2022
Date: 2022
Signature of Clerk or Deputy Clerk
s/ Vanesa Aranda
Signature of Clerk or Deputy Clerk
Case 3:22-cv-00184 Document 8 Filed on 06/03/22 in TXSD Page 18 of 24
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:
Case 3:22-cv-00184 Document 8 Filed on 06/03/22 in TXSD Page 19 of 24
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)
Department of Health and Human Services
c/o Merrick B. Garland
Attorney General
U.S. Department of Justice
950 Pennsylvania Ave NW
Washington, DC 20530-0001
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.
Nathan
CLERK Ochsner, Clerk of Court
OF COURT
Date: June 3, 2022
Date: 06/02/2022
s/ Vanesa Aranda
Signature of Clerk or Deputy Clerk
Signature of Clerk or Deputy Clerk
Case 3:22-cv-00184 Document 8 Filed on 06/03/22 in TXSD Page 20 of 24
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:
Case 3:22-cv-00184 Document 8 Filed on 06/03/22 in TXSD Page 21 of 24
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)
Department of Health and Human Services
c/o Civil Process Clerk
U.S. Attorney's Office
Southern District of Texas
1000 Louisiana, Suite 2300
Houston, TX 77002
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.
Nathan
CLERK Ochsner, Clerk of Court
OF COURT
Date: June 3, 2022
06/02/2022
s/ Vanesa Aranda
Signature of Clerk or Deputy Clerk
Signature of Clerk or Deputy Clerk
Case 3:22-cv-00184 Document 8 Filed on 06/03/22 in TXSD Page 22 of 24
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:
Case 3:22-cv-00184 Document 8 Filed on 06/03/22 in TXSD Page 23 of 24
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)
Department 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 Nathan Ochsner, Clerk of Court
OF COURT
Date: June 3, 2022
Date: 06/02/2022
s/ Signature
Vanesa of Clerk
Arandaor Deputy Clerk
Signature of Clerk or Deputy Clerk
Case 3:22-cv-00184 Document 8 Filed on 06/03/22 in TXSD Page 24 of 24
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.1875135.8.0.pdf
- Size
- 530,224 bytes
- SHA-256
- be56e15c64fb52b4414c55796828ae64a529f1d15e1955dea90c0ad1a8bb293a
- Original
- archive.org