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Defendants' Notice of Extension — Terkel v. Centers for Disease Control and Prevention (Document 40)

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Defendants' Notice of Extension, Document 40, filed 02/01/21 in Lauren Terkel, et al. v. Centers for Disease Control and Prevention, et al., Case No. 6:20-cv-564-JCB, in the U.S. District Court for the Eastern District of Texas, Tyler Division. Defendants notify the Court that on January 29, 2021 the Director of the Centers for Disease Control and Prevention signed an Order extending and superseding the September 4, 2020 Order temporarily halting residential evictions of covered persons. The notice quotes the Order as effective on January 31, 2021 and remaining in effect, unless extended, modified or rescinded, through March 31, 2021. The notice is signed /s/ Leslie Cooper Vigen, Trial Attorney.

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“Defendants' Notice of Extension — Terkel v. Centers for Disease Control and Prevention (Document 40).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-txed-201598-40-0-5d9e0f6611/, SHA-256 f5c923aa9c09336afa08b42163244babbdaadf7e1408fe5f94528a079dc9fc81.

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Case 6:20-cv-00564-JCB Document 40 Filed 02/01/21 Page 1 of 3 PageID #: 1501



                         IN THE UNITED STATES DISTRICT COURT
                          FOR THE EASTERN DISTRICT OF TEXAS
                                    TYLER DIVISION

    LAUREN TERKEL, et al.,

       Plaintiffs,
                                                       Case No. 6:20-cv-564-JCB
           v.

    CENTERS FOR DISEASE CONTROL AND
    PREVENTION, et al., 1

       Defendants.


                           DEFENDANTS’ NOTICE OF EXTENSION

          Defendants respectfully notify the Court that, on January 29, 2021, the Director of the Centers

for Disease Control and Prevention (CDC) signed an Order extending and superseding the

September 4, 2020 Order temporarily halting residential evictions of covered persons to prevent the

further spread of COVID-19. See Exhibit A. This Order provides that it “is effective on January 31,

2021 and will remain in effect unless extended, modified or rescinded, through March 31, 2021.” Id.

at 13. The Order incorporates much of the content of the September 4, 2020 Order, id. at 4, but adds

new evidence that provides additional support for the Director’s conclusion that the Order is

reasonably necessary to prevent the further spread of COVID-19, see, e.g., id. at 3, 5–6, 8–9, 11.


Dated: February 1, 2021                                  Respectfully submitted,

                                                         BRIAN M. BOYNTON
                                                         Acting Assistant Attorney General

                                                         ERIC BECKENHAUER
                                                         Assistant Director, Federal Programs Branch
1
 Pursuant to Federal Rule of Civil Procedure 25(d), automatic substitutions are made for the following
defendants sued in their official capacities: Rochelle P. Walensky, Director, Centers for Disease
Control and Prevention, for Robert R. Redfield; Sherri A. Berger, Acting Chief of Staff for Centers
for Disease Control and Prevention, for Nina B. Witkovsky; and Norris Cochran, Acting Secretary of
Health and Human Services, for Alex Azar.
Case 6:20-cv-00564-JCB Document 40 Filed 02/01/21 Page 2 of 3 PageID #: 1502




                                         /s/ Leslie Cooper Vigen
                                         LESLIE COOPER VIGEN
                                         Trial Attorney (DC Bar No. 1019782)
                                         STEVEN A. MYERS
                                         Senior Trial Counsel (NY Bar No. 4823043)
                                         United States Department of Justice
                                         Civil Division, Federal Programs Branch
                                         1100 L Street, NW
                                         Washington, DC 20005
                                         Tel: (202) 305-0727
                                         Fax: (202) 616-8470
                                         E-mail: leslie.vigen@usdoj.gov

                                         Counsel for Defendants




                                     2
Case 6:20-cv-00564-JCB Document 40 Filed 02/01/21 Page 3 of 3 PageID #: 1503




                                  CERTIFICATE OF SERVICE

        I hereby certify I served this document today by filing it using the Court’s CM/ECF system,

which will automatically notify all counsel of record.


Dated: February 1, 2021


                                                     /s/ Leslie Cooper Vigen
                                                     Trial Attorney

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