Unopposed Motion for A Hearing

Summary

Unopposed Motion for a Hearing dated October 6, 2022, filed in Apter v. Department of Health and Human Services, No. 3:22-cv-184, in the Southern District of Texas, Galveston Division. Plaintiffs Robert L. Apter, Mary Talley Bowden and Paul E. Marik request oral argument in Galveston on the government's pending motion to dismiss. The motion states that briefing on that motion will be completed by October 21 and that Plaintiffs' counsel are out of the country October 24-28 and November 10-14. A certificate of conference states that the government does not oppose holding oral argument, and the motion bears /s/ R. Trent McCotter.

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IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION

ROBERT L. APTER, M.D., FACEP; MARY
TALLEY BOWDEN, M.D.; and PAUL E.
MARIK, MBBCh, M.MED, FCCM, FCCP,

Plaintiffs,

v.

DEPARTMENT OF HEALTH AND HUMAN
SERVICES; XAVIER BECERRA, in his
official capacity as Secretary of Health and
Human Services; FOOD AND DRUG
ADMINISTRATION; and ROBERT M.
CALIFF, M.D., MACC, in his official capacity
as Commissioner of Food and Drugs,

Defendants.

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UNOPPOSED MOTION FOR A HEARING
Plaintiffs respectfully request oral argument in Galveston on the government’s
pending motion to dismiss this action. See ECF Nos. 25, 27. Plaintiffs believe oral
argument would aid the Court in resolution of that motion because this case involves
several important and complex issues.
Briefing on the government’s motion to dismiss will be completed by October 21,
and Plaintiffs’ counsel can be available at almost any subsequent time that is convenient
for the Court, except October 24-28 and November 10-14, when counsel are out of the
country.
October 6, 2022
/s/ R. Trent McCotter
Case 3:22-cv-00184   Document 36   Filed on 10/06/22 in TXSD   Page 1 of 3

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R. Trent McCotter
Attorney-In-Charge
So. Dist. No. 3712529
N.C. Bar No. 43045
Jared M. Kelson (pro hac vice)
D.C. Bar No. 241393
Boyden Gray & Associates
801 17th St. NW, #350
Washington, DC 20006
(202) 706-5488
mccotter@boydengrayassociates.com

Case 3:22-cv-00184   Document 36   Filed on 10/06/22 in TXSD   Page 2 of 3

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CERTIFICATE OF CONFERENCE
In accordance with Local Rule 7.1(D), undersigned counsel avers that he has
conferred with counsel for the government, which does not oppose holding oral argument
on the government’s motion to dismiss.

/s/ R. Trent McCotter
R. Trent McCotter

CERTIFICATE OF SERVICE
I hereby certify that this document, filed through the CM/ECF system, will be sent
via electronic mail to the registered participants as identified on the Notice of Electronic
Filing.
/s/ R. Trent McCotter
R. Trent McCotter

Case 3:22-cv-00184   Document 36   Filed on 10/06/22 in TXSD   Page 3 of 3

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