CDC

Here are cases on the CDC eviction moratorium, and the CDC cruise ship restrictions, starting with a summary of the eviction moratorium litigation — I’ll try to keep it updated as necessary.

The CDC eviction moratorium

42 U.S. Code § 264 – Regulations to control communicable diseases

(a) Promulgation and enforcement by Surgeon General

The Surgeon General, with the approval of the Secretary, is authorized to make and enforce such regulations as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession. For purposes of carrying out and enforcing such regulations, the Surgeon General may provide for such inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings, and other measures, as in his judgment may be necessary.

(b) Apprehension, detention, or conditional release of individuals

Regulations prescribed under this section shall not provide for the apprehension, detention, or conditional release of individuals except for the purpose of preventing the introduction, transmission, or spread of such communicable diseases as may be specified from time to time in Executive orders of the President upon the recommendation of the Secretary, in consultation with the Surgeon General,[1].

(c) Application of regulations to persons entering from foreign countries

Except as provided in subsection (d), regulations prescribed under this section, insofar as they provide for the apprehension, detention, examination, or conditional release of individuals, shall be applicable only to individuals coming into a State or possession from a foreign country or a possession.

(d) Apprehension and examination of persons reasonably believed to be infected

(1)

Regulations prescribed under this section may provide for the apprehension and examination of any individual reasonably believed to be infected with a communicable disease in a qualifying stage and (A) to be moving or about to move from a State to another State; or (B) to be a probable source of infection to individuals who, while infected with such disease in a qualifying stage, will be moving from a State to another State. Such regulations may provide that if upon examination any such individual is found to be infected, he may be detained for such time and in such manner as may be reasonably necessary. For purposes of this subsection, the term “State” includes, in addition to the several States, only the District of Columbia.
(2) For purposes of this subsection, the term “qualifying stage”, with respect to a communicable disease, means that such disease—

(A)

is in a communicable stage; or
(B)

is in a precommunicable stage, if the disease would be likely to cause a public health emergency if transmitted to other individuals.
 
(e) Preemption

Nothing in this section or section 266 of this title, or the regulations promulgated under such sections, may be construed as superseding any provision under State law (including regulations and including provisions established by political subdivisions of States), except to the extent that such a provision conflicts with an exercise of Federal authority under this section or section 266 of this title.

Moratorium, CARES Act, Pub. L. 116-136, sec. 4024:

CARES Act sec. 4024

Temporary halt, 85 Fed. Reg. 55,292 (Sept. 4, 2020)

2020-19654

Consolidated Appropriations Act, 2021, Pub. L. 116-260, Div. N., Sec. 502

sec. 502

Temporary halt, 86 Fed.Reg. 8020 (Feb. 3, 2021)

2021-02243

Moratorium extension, 86 Fed. Reg. 16,731 (March 31, 2021) (signed 3/28)

2021-06718

CDC cases: eviction moratorium

DISTRICT OF COLUMBIA/D.C. CIRCUIT

Alabama Ass’n of Realtors v. U.S. D.H.H.S., No. 1:20-cv-3377 (D. D.C.)

[]

Opinion, May 5, 2021

7114760-0–88370

Order, May 5, 2021

7114736-0–88125

US notice of appeal, May 5, 2021

7115658-0–9533

US motion for emergency stay, May 5, 2021

merged_42994_-1-1620260992

05/05/2021   MINUTE ORDER. Before the Court is the defendants’ 57 Emergency Motion for a Stay Pending Appeal of this Court’s 53 May 5, 2021 Order vacating the national eviction moratorium at 86 Fed. Reg. 16,731. In this emergency motion, the defendants request an immediate administrative stay to give this Court time to consider and rule upon its motion to stay this case pending appeal. Alternatively, the defendants request that the Court stay its 53 May 5, 2021 Order as to all parties except for the plaintiffs. Defs.’ Emergency Mot. for a Stay Pending Appeal at 1 n.1, 8-9, Dkt. 57. Although the plaintiffs have not yet filed an opposition to the defendants’ motion, which was filed at 6:54 p.m. this evening, the defendants represent that the plaintiffs oppose the motion. Id. at 1 n.1. In order to give the Court time to consider the merits of the defendants’ 57 Emergency Motion for a Stay Pending Appeal, and the plaintiffs time to file an opposition to the motion, the Court will grant the defendants’ request for a temporary administrative stay.This Minute Order should not be construed in any way as a ruling on the merits of the defendants’ motion. The Court notes, however, that, as the Court has explained, see Mem. Op. at 19, Dkt. 54, the law in this Circuit is clear: where a court concludes that an agency has exceeded its statutory authority, as this Court has done here, see Mem. Op. at 17, vacatur of the rule is the proper remedy in this Circuit. See Nat’l Mining Ass’n v. U.S. Army Corps of Eng’rs, 145 F.3d 1399, 1409 (D.C. Cir. 1998). Based on this clear authority, courts in this Circuit do not restrict vacatur only to those plaintiffs before the Court. See, e.g., O.A. v. Trump, 404 F. Supp. 3d 109, 152-53 (D.D.C. 2019). Indeed, the government has been unable to point to a single case in which a court in this Circuit has done so. See Mot. Hr’g Rough Tr. at 31.

Accordingly, it is ORDERED that the Court’s 53 May 5, 2021 Order is administratively STAYED. It is further ORDERED that the plaintiffs shall file any opposition to the defendants’ motion on or before May 12, 2021, and the defendants shall file any reply within four days of the date the plaintiffs’ opposition is filed. So Ordered by Judge Dabney L. Friedrich on May 5, 2021. (lcdlf1)

(Entered: 05/05/2021)

D.C. Circuit # 21-5093

US emergency motion for stay at D.C. Circuit, May 7, 2021

DCC US emergency mo stay 5 7 21

Plaintiffs’ opposition to US motion for stay, May 7, 2021

merged_53612_-1-1620584589

US’s reply supporting stay, May 11, 2021

7126609-0–32459

Stay opinion and order, May 14, 2021

7133241-0–10043

7133225-0–9774

Plaintiffs’ letter to Judge Friedrich, May 17, 2021

7136444-0–65001

Plaintiffs’ emergency motion, May 17, 2021

DCC pltf emergency mo stay

D.C. Circuit scheduling order, May 18, 2021

DCC briefing order 5 18 21

US’s response to plaintiffs’ May 17 letter, May 19, 2021

7139500-0–75328

US opposition to plaintiffs’ emergency motion, May 24, 2021

DCC US op to lifting stay

Plaintiffs’ reply supporting emergency motion, May 26, 2021

DCC Alabama Assn lift emergency stay reply

American Academy of Pediatrics amicus, June 1, 2021

DCC am acad pediatrics amicus

Order, June 2, 2021

DCC order on stay 6 2 21

Plaintiffs’ emergency application for vacatur of stay, June 3, 2021

20210603170521964_SCOTUS Application to Vacate Stay

Jun 04 2021 Response to application (20A169) requested by The Chief Justice, due Thursday, June 10, 2021, by 5 p.m.

21 states’ amicus response, June 10, 2021

20210610135137833_FINAL COMBINED Mtn CDC Br

US response, June 10, 2021

20210610160741010_20A169 Alabama Realtors

Plaintiffs’ reply, June 14, 2021

20210614135951026_20A169 – Reply ISO Application

WESTERN LOUISIANA/FIFTH CIRCUIT

Chambless Enterprises v. Redfield, No. 3:20-cv-1455 (W.D. La.)

[]

Ruling, Dec. 20, 2020

Chambless ruling

Fifth Circuit # 21-30037

Statement of issues, Feb. 5, 2021

5C Chambless statement of issues

Appellants’ opening brief, March 22, 2021

5C Chambless opening brief

Appellees’ brief, April 21, 2021

5C Chambless appellees brief

Appellants’ motion to expedite appeal, April 23, 2021

5C Chambless appellant mo expedite

US response to motion to expedite appeal, April 26, 2021

5C US response mo expedite

Disability Rights Texas amicus, April 27, 2021

5C Chambless Disability Rights Texas amicus

Constitutional Accountability Center amicus, April 28, 2021

5C Chambless CAC amicus

American Academy of Pediatrics amicus, April 28, 2021

5C Chambless Am Acad Pediatrics amicus

Acadiana Legal Service amicus, April 28, 2021

5C Chambless Acadiana Legal Service amicus

Order carrying motion to expedite with the case, May 4, 2021

5C order carrying mo expedite with case

Appellants’ reply brief, May 12, 2021

5C appellants reply brief

Order affirming stay of trial-level proceedings, June 2, 2021

Chambless order affirming trial level stay 6 2 21

US notice of supplemental authority (D.C. Circuit), June 3, 2021

5C US supp auth (DCC)

NORTHERN OHIO/SIXTH CIRCUIT

Skyworks, Ltd., v. Centers for Disease Control and Prevention, No. 5:20-cv-2407 (N.D. Ohio)

[]

Opinion, March 10, 2021

Skyworks opinion and order

Declaratory judgment, March 10, 2021

Skyworks declaratory judgment

Plaintiffs’ motion and memo to clarify or amend judgment, April 7, 2021

Skyworks pltf mo clarify amend

Skyworks pltf ms clarify amend

US opposition to motion to clarify or amend, April 29, 2021

Skyworks US op to clarif amend

Notice of appeal, May 7, 2021

Skyworks US notice appeal

Plaintiffs’ reply supporting clarifying or amending judgment, May 7, 2021

Skyworks reply alter amend

Sixth Circuit #21-3443

Unopposed US motion for abeyance, May 14, 2021

6C unop mo abeyance

Abeyance order, May 14, 2021

6C abeyance order

Order and judgment clarifying judgment, June 3, 2021

Skyworks opinion and order clarifying

Skyworks judgment

US notice of appeal, June 4, 2021

US notice of appeal

Plaintiffs’ notice of cross-appeal, June 15, 2021

Skyworks pltf notice x appeal 6 15

WESTERN TENNESSEE/SIXTH CIRCUIT

Tiger Lily LLC v. U.S. Dep’t of Housing and Urban Development, No. 2:20-cv-2692 (W.D. Tenn.)

[]

Order denying preliminary injunction, November 6, 2020

4041874-0–83601

Order, March 15, 2021

4118533-0–109474

Judgment,

4119062-0–111242

Sixth Circuit # 21-5256

Emergency motion for stay, March 18, 2021

6C emergency mo stay

Order requesting response, March 19, 2021

6C order requesting response

Plaintiffs’ opposition, March 22, 2021

6C pltf op stay

US reply, March 22, 2021

6C US reply

Plaintiffs’ supplemental response, March 23, 2021

6C plaintiffs supp resp

US additional reply, March 24, 2021

6C US addl reply

Order denying stay, March 29, 2021

6C order denying stay

US opening brief, May 12, 2021

6C US opening brief

Constitutional Accountability Center amicus, May 19, 2021

6C Constitutional Accountabilty Center amicus

Appellee brief, June 11, 2021

6C Tiger Lily appellee brief

EASTERN TEXAS/FIFTH CIRCUIT

Terkel v. Center for Disease Control and Prevention, No. 6:20-cv-564 (E.D. Tex.)

[]

Opinion, Feb. 25, 2021

12846304-0–66628

Fifth Circuit # 21-40137

Appellants’ brief, April 26, 2021

5C US ob

Constitutional Accountability Center amicus, May 3, 2021

5C CAC amicus

Desmond amicus, May 3/4, 2021

5C Desmond amicus

Texas Appleseed amicus, May 3, 2021

5C Texas Appleseed amicus

Civil Liberties Organizations amicus, May 3, 2021

5C Civil Liberties Organizations amicus

NAACP amicus, May 3/4, 2021

5C NAACP amicus

COVID-19 Eviction Defense Project amicus, May 3, 2021

5C Covid-19 Eviction Defense Project amicus

National Housing Law Project amicus, May 3, 2021

5C NHLP amicus

American Academy of Pediatrics amicus, May 3, 2021

5C American Acad Pediatrics amicus

Appellees’ brief, May 26, 2021

5C Terkel appellees brief

Center for Constitutional Jurisprudence amicus, June 2, 2021

5C CCJ amicus

Cato amicus, June 2, 2021

5C Terkel Cato amicus

Texas Apartment Association amicus, June 2, 2021

5C Texas Apartment Assn amicus

State of Texas amicus, June 2, 2021

5C Texas amicus

Buckeye Institute amicus, June 2, 2021

5C Buckeye Inst amicus

National Ass’n of Home Builders amicus, June 10, 2021

5C Natl Assn Home Builders amicus

OTHER CASES

Other CDC cases, referenced by the U.S. in its trial-level Terkel pleadings:

Chambless Enterprises, LLC v. Redfield, No. 3:20-cv-1455 (W.D. La.)

Ruling denying motion for preliminary injunction, December 22, 2020

Chambless Enterprises order denying PI

Tiger Lily LLC v. U.S. Dep’t of Housing and Urban Development, No. 2:20-cv-2692 (W.D. Tenn.)

Order denying preliminary injunction, November 6, 2020

4041874-0–83601

[]

Sixth Circuit

but see above

Brown v. Azar, No. 1:20-cv-3702 (N.D. Ga.)

Order denying preliminary injunction, October 29, 2020

11303282-0–35925

KBW Investment Properties v. Azar, No.  2:20-cv-4852 (S.D. Ohio)

Order denying TRO, September 29, 2020

7284836-0–12189

Order dismissing case after stipulation, October 9, 2020

7305642-0–12417

CDC cases: cruise ships

Florida v. Becerra, No. 8:21-cv-839 (M.D. Fla., filed April 8, 2021)

Complaint, with exhibits

Florida v Becerra complaint

Alaska motion to intervene, with exhibits, April 20, 2021

Alaska mo interv

Florida motion for preliminary injunction, w/o exhibits, April 22, 2021

Florida PI ms

[exhibits]

Alaska supplement to motion to intervene, April 22, 2021

Alaska supp to mo interv

Florida request for oral argument, April 22, 2021

Florida OA request

Unopposed US motion for extension of time to respond to Alaska intervention request, April 26, 2021

Unopposed US mo for xt to respond to AK mo interv

Extension order, April 26, 2021

xt order

Alaska amicus, April 26, 2021

Alaska amicus

US request for additional pages for opposition, May 3, 2021

US request addl pages

Young amicus, May 3, 2021

Young amicus

Texas intervention request, May 5, 2021

Texas interv rq

US opposition to motion for preliminary injunction, May 5, 2021

US PI op

Notice re parties’ agreement on procedure for preliminary injunction hearing, May 6, 2021

Agreement re testimony

Alaska motion to stay own intervention motion, May 7, 2021

Alaska mo stay its mo interv

05/07/2021 36  ENDORSED ORDER: Alaska moves 35 for a stay. The motion is construed as a motion for leave to amend Alaska’s motion to intervene. The motion is GRANTED. Alaska may amend the motion to intervene no later than May 21, 2021. Notwithstanding any earlier order, the defendants may respond to Alaska’s motion within seven days after Alaska amends (or elects not to amend). Signed by Judge Steven D. Merryday on 5/7/2021. (Entered: 05/07/2021)

American Society of Travel Advisors amicus request, May 12, 2021

ASTA amicus rq

Minute entry, May 12, 2021

Minute entry 5 12 21

US opposition to amicus request, May 14, 2021

US op to amicus filing

Order re mediation, May 18, 2021

Order re mediation 5 18 21

Florida preliminary injunction reply, May 19, 2021

FL PI reply

US opposition to Texas intervention, May 19, 2021

US op to TX interv

Parties’ notice re mediation, May 20, 2021

Parties notice re mediation

Young motion to supplement amicus, May 24, 2021

Young 2d amicus

US opposition to Young amicus, May 24, 2021

US op Young supp

Young reply, May 26, 2021

FL v CDC Young supplemental reply

US request to file supplemental brief, June 2, 2021

FL v CDC US rq file supplemental

Alaska amended motion to intervene, June 2, 2021

FL v CDC Alaska amended interv mo

Plaintiffs’ response to US request, June 2, 2021

FL v CDC Fla response 6 2

Scheduling order for 6/10 hearing, June 4, 2021

FL v CDC scheduling order 6 4

US supplemental brief, June 7, 2021

US supp br 6 7 21

Florida response to supplemental brief, June 9, 2021

FL response re ratification

US response re Alaska motion, June 9, 2021

US response to Alaska 6 9

Minute entry, June 10, 2021

Minute entry 6 10 21

06/10/2021 88  Minute Entry. In Person Proceedings held before Magistrate Judge Anthony E. Porcelli: SETTLEMENT CONFERENCE held on 6/10/2021. (LV) (Entered: 06/11/2021)
06/11/2021 85  Minute Entry. Telephonic Proceedings held before Magistrate Judge Anthony E. Porcelli: SETTLEMENT CONFERENCE held on 6/11/2021. Despite the party’s good faith and concerted efforts, the settlement discussions have concluded and the parties have reached an impasse. (LV) (Entered: 06/11/2021)

Cruise ship opinion granting preliminary injunction, June 18, 2021

FL v US cruise ship preliminary injunction opinion