Replies

The lawsuit was filed on 9/23. This is an affidavit that was part of that lawsuit. https://americasfrontlinedoctors.org/legal/colorado-lawsuits/

The case in the U.S. District Court of Colorado is Robert et al v. Austin et al, 1:21-cv-02228-RM-STV, assigned to Judge Raymond P. Moore (RM), and referred to Magistrate Judge Scott T. Varholak (STV); "Cause: 10-1107 Armed Forces: Use of Investigational New Drug."

The lawsuit and the Complaint, Doc #1 were filed 08/17/2021. The linked document at post #243 shows Doc #16, docketed as "MOTION for Preliminary Injunction by plaintiffs Hollie Mulvihill, Dan Robert. (Callender, Todd) (Entered: 09/24/2021)".

At Doc #2, there is the following:

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: 1 Complaint, filed by attorney Todd Samson Callender. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact Through PACER.gov.(Text Only Entry) (cpomm, ) (Entered: 08/17/2021)

Doc #7 shows MOTION for TRO:

MOTION for Temporary Restraining Order by Plaintiffs Hollie Mulvihill, Dan Robert. (Attachments: # 1 Exhibit 1-3)(Callender, Todd) (Entered: 08/30/2021)

Doc #12 shows the MOTION for TRO denied.

ORDER. The Court finds the requirements for a TRO are not satisfied and DENIES Plaintiffs' Motion (ECF No. 7 ). By Judge Raymond P. Moore on 09/01/2021. (athom, ) (Entered: 09/01/2021)

Docs #13 and #16 show:

MOTION for Preliminary Injunction by Plaintiffs Hollie Mulvihill, Dan Robert. (Callender, Todd) (Entered: 09/23/2021)

Doc #17 shows:

Exhibits in Support Motion For Preliminary Injunction by Plaintiffs Hollie Mulvihill, Dan Robert. (Callender, Todd) (Entered: 09/24/2021)

Doc #17, contains, among other things, the "AFFIDAVIT OF LTC THERESA LONG M.D. IN SUPPORT OF A MOTION FOR A PRELIMINARY INJUNCTION ORDER," indicating it was notarized 22 Sep 2021. Doc #17 continues with a few hundred pages of other documents as well.

Doc 18 shows:

AMENDED COMPLAINT Robert et al v Austin et al against Lloyd Austin, Xavier Becerra, Janet Woodcock, filed by Dan Robert, Hollie Mulvihill. (Callender, Todd) (Entered: 09/24/2021)

Doc 19 shows:

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: 13 Final MOTION for Preliminary Injunction 16 Final MOTION for Preliminary Injunction 18 Amended Complaint filed by attorney Todd Callender. Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (evana, ) (Entered: 09/24/2021)

The documents did not exhibit any inked signature, and evidently the filing did not include any electronic signature. Stating, "Attorney or pro se has used an incorrect signature format," states some doubt that the electronic filing was performed by an attorney.

Doc #20 shows:

MINUTE ORDER: Before the Court are two Motions for Preliminary Injunction 13 16 . On or before September 29, 2021, Plaintiffs are ORDERED to file a motion withdrawing one of them. Plaintiffs have also filed an Amended Complaint 18 , albeit without seeking leave to do so. See Fed. R. Civ. P. 15(a)(1). Pursuant to D.C.COLO.LCivR 15.1(a), a party "who files an amended pleading under Fed. R. Civ. P. 15(a)(1) or with the consent of the opposing party shall file a separate notice of filing the amended pleading and shall attach as an exhibit a copy of the amended pleading which strikes through (e.g., ~~strikes through~~) the text to be deleted and underlines (e.g., underlines) the text to be added." Accordingly, Plaintiffs are further ORDERED to comply with the Local Rule on or before September 29, 2021. SO ORDERED by Judge Raymond P. Moore on 9/24/2021. (Text Only Entry) (rmsec) (Entered: 09/24/2021)