Evexias Medical Centers, PLLC et al v. United States Food and Drug Administration et al
| Texas Northern District Court | |
| Judge: | Reed C O'Connor |
| Case #: | 4:24-cv-00293 |
| Nature of Suit | 899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision |
| Cause | 05:551 Administrative Procedure Act |
| Case Filed: | Mar 29, 2024 |
| Last checked: Thursday Sep 26, 2024 5:37 AM CDT |
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Defendant
Dr. Robert M. Califf
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Represented By
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Defendant
United States Food and Drug Administration
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Represented By
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Plaintiff
Evexias Health Solutions, LLC
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Represented By
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Plaintiff
Evexias Medical Centers, PLLC
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Represented By
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Plaintiff
North American Custom Laboratories, LLC
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Represented By
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| Docket last updated: 10/18/2024 11:59 PM CDT |
| Monday, September 30, 2024 | ||
| 37 | 37
3
pgs
notice
Notice (Other)
Mon 09/30 12:37 PM
NOTICE of Dismissal of Counts I and II filed by Evexias Health Solutions, LLC, Evexias Medical Centers, PLLC, North American Custom Laboratories, LLC (Doyle, Tyler) |
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| Tuesday, September 24, 2024 | ||
| 36 | 36
2
pgs
order
Order on Motion to Stay
Tue 09/24 1:07 PM
ORDER granting35 : Before the Court is parties' Joint Motion to Stay Proceedings Regarding Plaintiff' Third Cause of Action (ECF No.35 ), filed September 18, 2024. For the reasons stated in the motion, the Court finds that judicial economy would be best served by staying further proceedings on Plaintiff' Third Cause of Action until the parties are able to consider the recommendations of the Pharmacy Compounding Advisory Committee (PCAC) from meetings that FDA has scheduled for October 2024 and December 2024. The motion is therefore GRANTED. (Ordered by Judge Reed C. O'Connor on 9/24/2024) (wxc) |
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| Wednesday, September 18, 2024 | ||
| 35 | 35
motion
Stay
Wed 09/18 4:11 PM
Joint MOTION to Stay Proceedings on Plaintiffs' Third Cause of Action Pending Meetings of the Pharmaceutical Compounding Advisory Committee filed by Robert M. Califf, United States Food and Drug Administration with Brief/Memorandum in Support. (Schonfeld, Gabriel) |
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Att: 1
Proposed Order
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| Tuesday, August 20, 2024 | ||
| 34 | 34
1
pgs
order
Order on Motion for Extension of Time
Tue 08/20 2:34 PM
ORDER: Before the Court is the Parties' Third Joint Motion to Extend Time to Hold Scheduling Conference (ECF No.33 ). The Court GRANTS the requested extension. The Parties must complete a scheduling conference by September 30, 2024, and must file its joint report by October 7, 2024. Additionally, Defendants' deadline to respond to the Complaint is extended to October 17, 2024. This is the FINAL extension; all other deadlines remain unchanged. (Ordered by Judge Reed C. O'Connor on 8/20/2024) (saw) |
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| Friday, August 16, 2024 | ||
| 33 | 33
motion
Extension of Time
Fri 08/16 10:48 AM
Joint MOTION to Extend Time to Respond to Complaint and File Joint Scheduling Report filed by Robert M. Califf, United States Food and Drug Administration (Hixson, David) |
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Att: 1
Proposed Order
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| Monday, July 01, 2024 | ||
| 32 | 32
1
pgs
order
Order on Motion for Extension of Time
Mon 07/01 3:40 PM
ORDER: Before the Court is the Parties' Second Joint Motion to Extend Time to Hold Scheduling Conference (ECF No.31 ) The Court GRANTS the requested extension. Accordingly, the Parties must complete a scheduling conference by August 16, 2024, and must file its joint report by August 23, 2024. Additionally, Defendants shall respond to the Complaint on or before September 2, 2024. (Ordered by Judge Reed C. O'Connor on 7/1/2024) (saw) |
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| Friday, June 28, 2024 | ||
| 31 | 31
motion
Extension of Time
Fri 06/28 12:48 PM
Joint MOTION to Extend Time to Respond to Complaint and File Joint Scheduling Report filed by Robert M. Califf, United States Food and Drug Administration (Hixson, David) |
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Att: 1
Proposed Order
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| Friday, May 24, 2024 | ||
| 30 | 30
1
pgs
order
Order on Motion for Extension of Time
Fri 05/24 10:12 AM
ORDER: Before the Court is the Parties' Joint Motion to Extend Time to Hold Scheduling Conference (ECF No.29 ). The Court GRANTS the requested extension. Accordingly, the Parties must complete a scheduling conference by June 25, 2024, and must file its joint report by July 9, 2024. (Ordered by Judge Reed C. O'Connor on 5/24/2024) (saw) |
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| Wednesday, May 22, 2024 | ||
| 29 | 29
motion
Extension of Time
Wed 05/22 5:38 PM
Joint MOTION to Extend Time to Hold Scheduling Conference filed by Robert M. Califf, United States Food and Drug Administration (Hixson, David) |
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Att: 1
Proposed Order
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| Tuesday, May 14, 2024 | ||
| 28 | 28
9
pgs
order
Order for Scheduling Order Proposal
Tue 05/14 10:11 AM
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Lead counsel for each party and any unrepresented party shall confer as soon as practicable, but in any event no later than May 28, 2024. The Joint Report shall be filed on or before June 11, 2024. (Ordered by Judge Reed C. O'Connor on 5/14/2024) (bdb) |
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| 27 | 27
1
pgs
order
Order on Motion for Extension of Time to File Answer
Tue 05/14 10:08 AM
ORDER: The Court finds that the26 Motion is supported by good cause and is hereby GRANTED. Accordingly, the deadline to respond to the Complaint is extended until July 19, 2024. (Ordered by Judge Reed C. O'Connor on 5/14/2024) (bdb) |
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| Monday, May 13, 2024 | ||
| 26 | 26
motion
Extension of Time to File Answer
Mon 05/13 4:27 PM
First Motion for Extension of Time to File Answer filed by Robert M. Califf, United States Food and Drug Administration (Hixson, David) |
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Att: 1
Proposed Order
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| 25 | 25
notice
Notice of Attorney Appearance
Mon 05/13 11:39 AM
NOTICE of Attorney Appearance by Gabriel Schonfeld on behalf of Robert M. Califf, United States Food and Drug Administration. (Filer confirms contact info in ECF is current.) (Schonfeld, Gabriel) |
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| Friday, May 10, 2024 | ||
| 24 | 24
notice
Notice of Attorney Appearance
Fri 05/10 1:05 PM
NOTICE of Attorney Appearance by David Hixson on behalf of Robert M. Califf, United States Food and Drug Administration. (Filer confirms contact info in ECF is current.) (Hixson, David) |
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| Friday, April 19, 2024 | ||
| 23 | 23
service
Summons Returned
Fri 04/19 10:20 AM
SUMMONS Returned Executed as to United States Food and Drug Administration ; served on 4/16/2024. (Doyle, Tyler) |
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| Wednesday, April 17, 2024 | ||
| 22 | 22
service
Summons Returned
Wed 04/17 4:33 PM
SUMMONS Returned Executed as to United States Food and Drug Administration ; served on 4/15/2024. (Doyle, Tyler) |
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| 21 | 21
service
Summons Returned
Wed 04/17 4:25 PM
SUMMONS Returned Executed. (Doyle, Tyler) |
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| 20 | 20
service
Summons Returned
Wed 04/17 4:20 PM
SUMMONS Returned Executed as to Robert M. Califf ; served on 4/15/2024. (Doyle, Tyler) |
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| Monday, April 15, 2024 | ||
| 19 | 19
2
pgs
order
Order on Motion for Leave to File
Mon 04/15 10:54 AM
ORDER: Before the Court is Plaintiff's Motion for Leave of Court to Proceed Without Local Counsel (ECF No.17 ).Based on his active status in the Northern District, familiarity with the Local Rules, and commitment to appear for any in-person hearings, the Court GRANTS leave to proceed as local counsel. Accordingly, the Court ORDERS that Mr. Doyle is designated as Plaintiff's local counsel. (Ordered by Judge Reed C. O'Connor on 4/15/2024) (sre) |
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| Thursday, April 11, 2024 | ||
| 18 | 18
order
Order on Application for Admission Pro Hac Vice
Thu 04/11 12:46 PM
ELECTRONIC ORDER granting14 Application for Admission Pro Hac Vice of Kristin A. Shapiro. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 4/11/2024) (chmb) |
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| 17 | 17
motion
Leave to File
Thu 04/11 12:17 PM
MOTION for Leave to File /Waive Local Counsel Requirement filed by Evexias Health Solutions, LLC, Evexias Medical Centers, PLLC, North American Custom Laboratories, LLC (Doyle, Tyler) |
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Att: 1
Proposed Order
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| Wednesday, April 10, 2024 | ||
| 16 | 16
service
Summons Returned
Wed 04/10 12:55 PM
SUMMONS Returned Executed as to Robert M. Califf ; served on 4/5/2024. (Doyle, Tyler) |
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| 15 | 15
service
Summons Returned
Wed 04/10 12:52 PM
SUMMONS Returned Executed as to United States Food and Drug Administration ; served on 4/5/2024. (Doyle, Tyler) |
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| 14 | 14
motion
Admission Pro Hac Vice
Wed 04/10 10:06 AM
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Kristin A. Shapiro (Filing fee $100; Receipt number ATXNDC-14528968) filed by Evexias Health Solutions, LLC, Evexias Medical Centers, PLLC, North American Custom Laboratories, LLC (Doyle, Tyler) |
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Att: 1
Proposed Order,
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Att: 2
Ex. A - Additional Courts,
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Att: 3
Ex. B - Cert of Good Standing
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| Tuesday, April 09, 2024 | ||
| 13 | 13
1
pgs
order
Order Setting Deadline/Hearing
Tue 04/09 12:32 PM
ORDER: It is ORDERED that Plaintiff shall file a motion for leave to proceed without local counsel on or before April 15, 2024, or retain local counsel who shall file an appearance in this case on or before April 15, 2024. (Ordered by Judge Reed C. O'Connor on 4/9/2024) (saw) |
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| 12 | 12
order
Order on Application for Admission Pro Hac Vice
Tue 04/09 10:46 AM
ELECTRONIC ORDER granting9 Application for Admission Pro Hac Vice of Marc N. Wagner. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 4/9/2024) (chmb) |
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| 11 | 11
order
Order on Application for Admission Pro Hac Vice
Tue 04/09 10:45 AM
ELECTRONIC ORDER granting8 Application for Admission Pro Hac Vice of Andrew M. Grossman. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 4/9/2024) (chmb) |
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| 10 | 10
order
Order on Application for Admission Pro Hac Vice
Tue 04/09 10:42 AM
ELECTRONIC ORDER granting7 Application for Admission Pro Hac Vice of Lee H. Rosebush. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 4/9/2024) (chmb) |
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| Friday, April 05, 2024 | ||
| 9 | 9
motion
Admission Pro Hac Vice
Fri 04/05 11:10 AM
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Marc N. Wagner (Filing fee $100; Receipt number ATXNDC-14519019) filed by Evexias Health Solutions, LLC, Evexias Medical Centers, PLLC, North American Custom Laboratories, LLC (Doyle, Tyler) |
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Att: 1
Proposed Order,
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Att: 2
Exhibit(s) Ex. A Certificate of Good Standing
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| 8 | 8
motion
Admission Pro Hac Vice
Fri 04/05 11:04 AM
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Andrew M. Grossman (Filing fee $100; Receipt number ATXNDC-14518937) filed by Evexias Health Solutions, LLC, Evexias Medical Centers, PLLC, North American Custom Laboratories, LLC (Doyle, Tyler) |
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Att: 1
Proposed Order,
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Att: 2
Exhibit(s) Ex. A - Additional Courts,
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Att: 3
Exhibit(s) Ex. B - Cert of Good Standing
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| 7 | 7
motion
Admission Pro Hac Vice
Fri 04/05 10:45 AM
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Lee H. Rosebush (Filing fee $100; Receipt number ATXNDC-14518842) filed by Evexias Health Solutions, LLC, Evexias Medical Centers, PLLC, North American Custom Laboratories, LLC (Doyle, Tyler) |
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Att: 1
Proposed Order,
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Att: 2
Certificate of Good Standing
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| Wednesday, April 03, 2024 | ||
| 6 | 6
service
Summons Issued
Wed 04/03 3:17 PM
Summons issued as to Robert M. Califf, United States Food and Drug Administration, U.S. Attorney, and U.S. Attorney General. (bdb) |
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| 5 | 5
misc
Request for Clerk to Issue Document
Wed 04/03 1:34 PM
Request for Clerk to issue Summons to Dr. Robert M. Califf filed by Evexias Health Solutions, LLC, Evexias Medical Centers, PLLC, North American Custom Laboratories, LLC. (Doyle, Tyler) |
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| 4 | 4
misc
Request for Clerk to Issue Document
Wed 04/03 1:32 PM
Request for Clerk to issue Summons to United States Food and Drug Administration filed by Evexias Health Solutions, LLC, Evexias Medical Centers, PLLC, North American Custom Laboratories, LLC. (Doyle, Tyler) |
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| Friday, March 29, 2024 | ||
| 3 | 3
qcref
O' Connor (FORT WORTH CASES)
Fri 03/29 2:23 PM
New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (bdb) |
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| 2 | 2
misc
Certificate Of Interested Persons/Disclosure Statement
Fri 03/29 1:53 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Evexias Health Solutions, LLC, Evexias Medical Centers, PLLC, North American Custom Laboratories. (Clerk QC note: Affiliate entered in ECF). (Doyle, Tyler) Modified docket text on 3/29/2024 (bdb) |
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| 1 | 1
22
pgs
cmp
Complaint
Fri 03/29 1:49 PM
COMPLAINT against All Defendants filed by Evexias Medical Centers, PLLC, Evexias Health Solutions, LLC, North American Custom Laboratories. (Filing Fee Paid - $405.00 - Receipt No. ATXNDC-14501511) Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK:Judge Specific Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Doyle, Tyler) Modified to add payment info on 3/29/2024 (bdb) |
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Att: 1
Cover Sheet
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