Notice of Appeal — Apter v. Department of Health and Human Services (S.D. Tex.)

Summary

A Notice of Appeal in Apter v. Department of Health and Human Services, No. 3:22-cv-184, in the U.S. District Court for the Southern District of Texas, Galveston Division, filed December 12, 2022 as Document 47-1. The plaintiffs, Robert L. Apter, Mary Talley Bowden and Paul E. Marik, give notice that they appeal to the United States Court of Appeals for the Fifth Circuit from the Court's December 6, 2022 Memorandum Opinion and Order (ECF No. 45) dismissing their Amended Complaint. The defendants named in the caption are the Department of Health and Human Services, Xavier Becerra, the Food and Drug Administration and Robert M. Califf, each official sued in an official capacity. The three-page filing is signed December 9, 2022 by attorney-in-charge R. Trent McCotter and includes a certificate of service.

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Full text

     Case 3:22-cv-00184 Document 47-1 Filed on 12/12/22 in TXSD Page 1 of 3



                  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                    ) No. 3:22-cv-184
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.                                       )
                                                  )


                              NOTICE OF APPEAL

       PLEASE TAKE NOTICE that Plaintiffs hereby appeal to the United States Court

of Appeals for the Fifth Circuit from this Court’s December 6, 2022, Memorandum

Opinion and Order (ECF No. 45) dismissing Plaintiffs’ Amended Complaint.
    Case 3:22-cv-00184 Document 47-1 Filed on 12/12/22 in TXSD Page 2 of 3



December 9, 2022                      /s/ R. Trent McCotter

                                       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




                                      2

    Case 3:22-cv-00184 Document 47-1 Filed on 12/12/22 in TXSD Page 3 of 3



                             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




                                             3

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