Salles v. National Institutes of Health
- Court
- N.D. Cal.
- Docket number
- 3:26-cv-10510
- Filed
- Last filing
- Assigned judge
- Vince Chhabria
- Nature of suit
- 440 Civil Rights: Other
- Cause
- 28:1331 Federal Question: Other Civil Rights
- Jurisdiction
- Federal Question
- Jury demand
- None
The 10 court documents filed in this docket, as listed for its case.
Docket entries
The entries the archive holds for this docket. For the full docket, use the link above.
| No. | Date | Description | Document |
|---|---|---|---|
| 51 | CLERK'S NOTICE Re: Consent or Declination: A Motion for Preliminary Injunction was filed. Accordingly, defendants shall file a consent or declination to proceed before a magistrate judge by 10/1/2026. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxl, COURT STAFF) (Filed on 9/25/2026) (Entered: 09/25/2026) | Open(opens another site) | |
| 52 | MOTION to Certify Class filed by Dolores Albarracin, Suzanne Bell, Ann D. Cohen-Wilson, Jonathan Kyle Daw, Katie Edwards, Michael D. Green, Abigail Hatcher, Sara Jackson, Jordan Doe 1, Jordan Doe 2, Jordan Doe 3, Jordan Doe 4, Kelton Minor, Heidi Moseson, Jade Pagkas-Bather, Andrea Rosso, Arghavan Salles. Motion to Certify Class Hearing set for 11/16/2026 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 10/9/2026. Replies due by 10/16/2026. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion for Provisional Class Certification)(Zelphin, Grayce) (Filed on 9/25/2026) (Entered: 09/25/2026) | Open(opens another site) | |
| 53 | Declaration of Grayce Zelphin in Support of 52 MOTION to Certify Class filed byDolores Albarracin, Suzanne Bell, Ann D. Cohen-Wilson, Jonathan Kyle Daw, Katie Edwards, Michael D. Green, Abigail Hatcher, Sara Jackson, Jordan Doe 1, Jordan Doe 2, Jordan Doe 3, Jordan Doe 4, Kelton Minor, Heidi Moseson, Jade Pagkas-Bather, Andrea Rosso, Arghavan Salles. (Attachments: # 1 Exhibit 1 of Grayce Zelphin Declaration, # 2 Exhibit 2 of Grayce Zelphin Declaration)(Related document(s) 52 ) (Zelphin, Grayce) (Filed on 9/25/2026) (Entered: 09/25/2026) | Open(opens another site) | |
| 54 | Declaration of Rachel Meeropol in Support of 52 MOTION to Certify Class filed byDolores Albarracin, Suzanne Bell, Ann D. Cohen-Wilson, Jonathan Kyle Daw, Katie Edwards, Michael D. Green, Abigail Hatcher, Sara Jackson, Jordan Doe 1, Jordan Doe 2, Jordan Doe 3, Jordan Doe 4, Kelton Minor, Heidi Moseson, Jade Pagkas-Bather, Andrea Rosso, Arghavan Salles. (Related document(s) 52 ) (Zelphin, Grayce) (Filed on 9/25/2026) (Entered: 09/25/2026) | Open(opens another site) | |
| 55 | Declaration of Shalini Agarwal in Support of 52 MOTION to Certify Class filed byDolores Albarracin, Suzanne Bell, Ann D. Cohen-Wilson, Jonathan Kyle Daw, Katie Edwards, Michael D. Green, Abigail Hatcher, Sara Jackson, Jordan Doe 1, Jordan Doe 2, Jordan Doe 3, Jordan Doe 4, Kelton Minor, Heidi Moseson, Jade Pagkas-Bather, Andrea Rosso, Arghavan Salles. (Related document(s) 52 ) (Zelphin, Grayce) (Filed on 9/25/2026) (Entered: 09/25/2026) | Open(opens another site) | |
| 56 | Declaration of Lisa Mankofsky in Support of 52 MOTION to Certify Class filed byDolores Albarracin, Suzanne Bell, Ann D. Cohen-Wilson, Jonathan Kyle Daw, Katie Edwards, Michael D. Green, Abigail Hatcher, Sara Jackson, Jordan Doe 1, Jordan Doe 2, Jordan Doe 3, Jordan Doe 4, Kelton Minor, Heidi Moseson, Jade Pagkas-Bather, Andrea Rosso, Arghavan Salles. (Related document(s) 52 ) (Zelphin, Grayce) (Filed on 9/25/2026) (Entered: 09/25/2026) | Open(opens another site) | |
| 57 | Declaration of Daniel F. Jacobson in Support of 52 MOTION to Certify Class filed byDolores Albarracin, Suzanne Bell, Ann D. Cohen-Wilson, Jonathan Kyle Daw, Katie Edwards, Michael D. Green, Abigail Hatcher, Sara Jackson, Jordan Doe 1, Jordan Doe 2, Jordan Doe 3, Jordan Doe 4, Kelton Minor, Heidi Moseson, Jade Pagkas-Bather, Andrea Rosso, Arghavan Salles. (Related document(s) 52 ) (Zelphin, Grayce) (Filed on 9/25/2026) (Entered: 09/25/2026) | Open(opens another site) | |
| 58 | NOTICE of Appearance filed by Jordan Hulseberg on behalf of Jay Bhattacharya, Robert F. Kennedy, Jr, National Institutes of Health, United States DOGE Service, United States Department of Health and Human Services (Hulseberg, Jordan) (Filed on 9/30/2026) (Entered: 09/30/2026) | Open(opens another site) | |
| 59 | MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22536017.) filed by Dolores Albarracin, Suzanne Bell, Ann D. Cohen-Wilson, Jonathan Kyle Daw, Katie Edwards, Michael D. Green, Abigail Hatcher, Sara Jackson, Jordan Doe 1, Jordan Doe 2, Jordan Doe 3, Jordan Doe 4, Kelton Minor, Heidi Moseson, Jade Pagkas-Bather, Andrea Rosso, Arghavan Salles. (Agathocleous, Alexis) (Filed on 10/1/2026) (Entered: 10/01/2026) | Open(opens another site) | |
| 60 | CERTIFICATE OF SERVICE by Dolores Albarracin, Suzanne Bell, Ann D. Cohen-Wilson, Jonathan Kyle Daw, Katie Edwards, Michael D. Green, Abigail Hatcher, Sara Jackson, Jordan Doe 1, Jordan Doe 2, Jordan Doe 3, Jordan Doe 4, Kelton Minor, Heidi Moseson, Jade Pagkas-Bather, Andrea Rosso, Arghavan Salles re 5 Summons Issued as to USA, 30 Certificate of Interested Entities, 1 Complaint, 4 Initial Case Management Scheduling Order with ADR Deadlines, (Thacher, Frances Cheston) (Filed on 10/1/2026) (Entered: 10/01/2026) | Open(opens another site) | |
| 61 | Order by Magistrate Judge Sallie Kim granting 59 Motion for Pro Hac Vice as to Alexis Agathocleous. (bxl, COURT STAFF) (Filed on 10/1/2026) (Entered: 10/01/2026) | Open(opens another site) | |
| 62 | CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jay Bhattacharya, Robert F. Kennedy, Jr, National Institutes of Health, United States DOGE Service, United States Department of Health and Human Services.. (Hulseberg, Jordan) (Filed on 10/1/2026) (Entered: 10/01/2026) | Open(opens another site) | |
| 63 | MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22544486.) filed by Dolores Albarracin, Suzanne Bell, Ann D. Cohen-Wilson, Jonathan Kyle Daw, Katie Edwards, Michael D. Green, Abigail Hatcher, Sara Jackson, Jordan Doe 1, Jordan Doe 2, Jordan Doe 3, Jordan Doe 4, Kelton Minor, Heidi Moseson, Jade Pagkas-Bather, Andrea Rosso, Arghavan Salles. (Parreno, Kenneth) (Filed on 10/2/2026) (Entered: 10/02/2026) | Open(opens another site) | |
| 64 | CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (bxl, COURT STAFF) (Filed on 10/5/2026) (Entered: 10/05/2026) | Open(opens another site) | |
| 65 | ORDER REASSIGNING CASE IT IS ORDERED that this case is reassigned using a proportionate, random and blind system pursuant to General Order No. 44 to Judge Vince Chhabria. Magistrate Judge Sallie Kim no longer assigned to the case. Counsel are instructed that all future filings shall bear the updated judicial initials immediately after the case number. Counsel are reminded to verify the location of the judge on the court website. All hearing and trial dates presently scheduled are vacated. However, existing briefing schedules for motions remain unchanged. Motions must be renoticed for hearing before the judge to whom the case has been reassigned, but the renoticing of the hearing does not affect the prior briefing schedule. Other deadlines such as those for ADR compliance and discovery cutoff also remain unchanged. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and cand.uscourts.gov/cameras. Mark B. Busby Clerk, United States District Court (This is a text-only entry generated by the court. There is no document associated with this entry.) (exl, COURT STAFF) (Filed on 10/5/2026) (Entered: 10/05/2026) | Open(opens another site) | |
| 66 | REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. All pending motions will be taken off-calendar and must be re-noticed, not re-filed, by the moving party for a new hearing according to Judge Chhabria's available dates, which are listed on his webpage under the section "Scheduling Notes." The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the re-notice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 7-3. Joint Case Management Statement due by 1/4/2027. Initial Case Management Conference set for 1/8/2027 at 10:00 AM by Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at [email address removed] no later than Monday, January 4, 2027, by no later than 12:00PM.Civ LR 77-3(d). Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://cand.uscourts.gov/zoom. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 10/5/2026) (Entered: 10/05/2026) | Open(opens another site) | |
| 67 | Order by Judge Vince Chhabria granting 63 Motion for Pro Hac Vice as to Kenneth Parreno. (bxs, COURT STAFF) (Filed on 10/5/2026) (Entered: 10/05/2026) | Open(opens another site) | |
| 68 | CLERK'S NOTICE SCHEDULING MOTION HEARING. 33 MOTION for Preliminary Injunction Hearing set for 11/18/2026 at 02:00 PM in San Francisco, Courtroom 03, 17th Floor before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 10/6/2026) (Entered: 10/06/2026) | Open(opens another site) | |
| 69 | MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22553575.) filed by Dolores Albarracin, Suzanne Bell, Ann D. Cohen-Wilson, Jonathan Kyle Daw, Katie Edwards, Michael D. Green, Abigail Hatcher, Sara Jackson, Jordan Doe 1, Jordan Doe 2, Jordan Doe 3, Jordan Doe 4, Kelton Minor, Heidi Moseson, Jade Pagkas-Bather, Andrea Rosso, Arghavan Salles. (Jacobson, Daniel) (Filed on 10/6/2026) (Entered: 10/06/2026) | Open(opens another site) | |
| 70 | Order by Judge Vince Chhabria granting 69 Motion for Pro Hac Vice as to Daniel Jacobson. (bxs, COURT STAFF) (Filed on 10/6/2026) (Entered: 10/06/2026) | Open(opens another site) | |
| 71 | Order by Judge Vince Chhabria granting 32 Administrative Motion For Leave to Exceed Page Limits. (bxs, COURT STAFF) (Filed on 10/7/2026) (Entered: 10/07/2026) | Open(opens another site) | |
| 72 | CLERK'S NOTICE SCHEDULING MOTION HEARING. 52 MOTION to Certify Class Hearing set for 11/18/2026 at 02:00 PM in San Francisco, Courtroom 03, 17th Floor before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 10/7/2026) (Entered: 10/07/2026) | Open(opens another site) | |
| 73 | STIPULATION WITH PROPOSED ORDER Re: Briefing Schedule for ECF 33 and ECF 52 filed by Dolores Albarracin, Suzanne Bell, Ann D. Cohen-Wilson, Jonathan Kyle Daw, Katie Edwards, Michael D. Green, Abigail Hatcher, Sara Jackson, Jordan Doe 1, Jordan Doe 2, Jordan Doe 3, Jordan Doe 4, Kelton Minor, Heidi Moseson, Jade Pagkas-Bather, Andrea Rosso, Arghavan Salles. (Zelphin, Grayce) (Filed on 10/7/2026) (Entered: 10/07/2026) | Open(opens another site) | |
| 74 | The 6 motion to proceed pseudonymously is denied. The plaintiffs may well fear retaliation, but this is not a case where their identities are irrelevant to the public's interest in scrutinizing the important issues in the case. See Does I thru XXIII v. Advanced Textile Corp., 214 F.3d 1058, 1072-73 (9th Cir. 2000). To the contrary, the potentially identifying information about research topics that would have to be sealed in order to protect anonymity, see Dkt. No. 11, is central to important issues in this case such as whether the government is engaging in viewpoint discrimination. Accordingly, the plaintiffs are ordered to file an amended complaint within 7 days that either reveals the names of the Doe plaintiffs or drops them from this suit. For the same reasons, the 11 motion to file supporting declarations of the Doe plaintiffs under seal is also denied. The plaintiffs are permitted to withdraw this information rather than file it publicly. Signed by Judge Vince Chhabria on October 8, 2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc2, COURT STAFF) (Filed on 10/8/2026) (Entered: 10/08/2026) | Open(opens another site) | |
| 75 | Order by Judge Vince Chhabria granting AS MODIFIED 73 Stipulation Re: Briefing Schedule for ECF 33 and ECF 52. (bxs, COURT STAFF) (Filed on 10/9/2026) (Entered: 10/09/2026) | Open(opens another site) | |
| 76 | MOTION To Amend Briefing Schedule Given Plaintiffs' Forthcoming Amended Complaint filed by Jay Bhattacharya, Robert F. Kennedy, Jr, National Institutes of Health, United States DOGE Service, United States Department of Health and Human Services. Responses due by 10/26/2026. Replies due by 11/2/2026. (Hulseberg, Jordan) (Filed on 10/12/2026) (Entered: 10/12/2026) | Open(opens another site) | |
| 77 | ORDER. The 76 motion to amend the briefing schedule is denied. However, in light of the plaintiffs' amended complaint which they intend to file on October 13, the defendants' opposition deadlines are extended to October 16, 2026. The plaintiffs' reply deadlines remain the same. Signed by Judge Vince Chhabria on 10/13/2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc2, COURT STAFF) (Filed on 10/13/2026) Modified to cite correct docket number on 10/14/2026 (vclc2, COURT STAFF). (Entered: 10/13/2026) | Open(opens another site) | |
| 78 | AMENDED COMPLAINT against All Defendants. Filed by Michael D. Green, Jade Pagkas-Bather, Abigail Hatcher, Arghavan Salles, Dolores Albarracin, Suzanne Bell, Heidi Moseson, Andrea Rosso, Katie Edwards, Sara Jackson, Jonathan Kyle Daw, Ann D. Cohen-Wilson, Kelton Minor, Mikaela Smith. (Sawhney, Neil) (Filed on 10/13/2026) (Entered: 10/13/2026) | Open(opens another site) | |
| 79 | NOTICE by Dolores Albarracin, Suzanne Bell, Ann D. Cohen-Wilson, Jonathan Kyle Daw, Katie Edwards, Michael D. Green, Abigail Hatcher, Sara Jackson, Kelton Minor, Heidi Moseson, Jade Pagkas-Bather, Andrea Rosso, Arghavan Salles, Mikaela Smith re 74 Order on Motion for Miscellaneous Relief,,,, For Withdrawal of Information Pursuant to Court Order (Sawhney, Neil) (Filed on 10/13/2026) (Entered: 10/13/2026) | Open(opens another site) | |
| 80 | Declaration of Mikaela Smith in Support of 33 MOTION for Preliminary Injunction filed byDolores Albarracin, Suzanne Bell, Ann D. Cohen-Wilson, Jonathan Kyle Daw, Katie Edwards, Michael D. Green, Abigail Hatcher, Sara Jackson, Kelton Minor, Heidi Moseson, Jade Pagkas-Bather, Andrea Rosso, Arghavan Salles, Mikaela Smith. (Attachments: # 1 Exhibit 1 of Decl Smith - Email Chain, # 2 Exhibit 2 of Decl Smith - Nature Article, # 3 Exhibit 3 of Decl Smith - Washington Sun Article, # 4 Exhibit 4 of Decl Smith - Email Chain)(Related document(s) 33 ) (Sawhney, Neil) (Filed on 10/13/2026) (Entered: 10/13/2026) | Open(opens another site) | |
| 81 | The parties are ordered to file letter briefs within seven days that address the following questions: • Is there any reason why the class certification motion (Dkt. No. 52 ) needs to be a motion for "provisional" class certification as opposed to simply a motion for class certification? If not, should the Court simply treat it as a motion for class certification? • Is there any reason why the preliminary injunction motion (Dkt. No. 33 ) can't be a summary judgment motion? If not, do the parties agree to converting it? The answers to these questions should include an explanation of the state of the administrative record. Signed by Judge Vince Chhabria on 10/14/2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc2, COURT STAFF) (Filed on 10/14/2026) (Entered: 10/14/2026) | Open(opens another site) | |
| 82 | ADMINISTRATIVE MOTION For Leave to Exceed Page Limits on Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Jay Bhattacharya, Robert F. Kennedy, Jr, National Institutes of Health, United States DOGE Service, United States Department of Health and Human Services. Responses due by 10/19/2026. (Attachments: # 1 Declaration Hulseberg, # 2 Proposed Order)(Hulseberg, Jordan) (Filed on 10/15/2026) (Entered: 10/15/2026) | Open(opens another site) | |
| 83 | Order by Judge Vince Chhabria granting 82 Administrative Motion For Leave to Exceed Page Limits on Defendants' Opposition to Plaintiffs'' Motion for Preliminary Injunction. (bxs, COURT STAFF) (Filed on 10/15/2026) (Entered: 10/15/2026) | Open(opens another site) | |
| 84 | OPPOSITION/RESPONSE (re 33 MOTION for Preliminary Injunction ) filed byJay Bhattacharya, Robert F. Kennedy, Jr, National Institutes of Health, United States DOGE Service, United States Department of Health and Human Services. (Hulseberg, Jordan) (Filed on 10/16/2026) (Entered: 10/16/2026) | Open(opens another site) | |
| 85 | OPPOSITION/RESPONSE (re 52 MOTION to Certify Class ) filed byJay Bhattacharya, Robert F. Kennedy, Jr, National Institutes of Health, United States DOGE Service, United States Department of Health and Human Services. (Hulseberg, Jordan) (Filed on 10/16/2026) (Entered: 10/16/2026) | Open(opens another site) | |
| 86 | Letter from Jordan A. Hulseberg, Counsel for Defendants in Response to the Court's Order for Supplemental Briefing. (Hulseberg, Jordan) (Filed on 10/21/2026) (Entered: 10/21/2026) | Open(opens another site) | |
| 87 | Letter from Plaintiffs Addressing Questions Identified by the Court in the October 14, 2026 Order (ECF 81) . (Sawhney, Neil) (Filed on 10/21/2026) (Entered: 10/21/2026) | Open(opens another site) | |
| 88 | ERRATA re 87 Letter by Dolores Albarracin, Suzanne Bell, Ann D. Cohen-Wilson, Jonathan Kyle Daw, Katie Edwards, Michael D. Green, Abigail Hatcher, Sara Jackson, Kelton Minor, Heidi Moseson, Jade Pagkas-Bather, Andrea Rosso, Arghavan Salles, Mikaela Smith. (Meeropol, Rachel) (Filed on 10/22/2026) (Entered: 10/22/2026) | Open(opens another site) | |
| 89 | ORDER. In light of the letter briefs submitted by the parties, the Court's tentative view is that there's no reason to treat the class certification motion as "provisional." After all, Rule 23 contemplates class certification "at an early practicable time." If the government believes that the record will demonstrate commonality/typicality issues that preclude certification, it may submit a supplemental brief identifying and explaining those materials, not to exceed 5 pages, by October 26. If the government does submit this brief, the plaintiffs' reply deadline (on the class certification motion only) is moved to October 30. Regardless, this matter can be discussed further at the hearing on November 18.Additionally, given the positions of the parties, it seems that it is not appropriate to convert the preliminary injunction motion to a summary judgment motion, in all or in part. Signed by Judge Vince Chhabria on 10/22/2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc2, COURT STAFF) (Filed on 10/22/2026) (Entered: 10/22/2026) | Open(opens another site) | |
| 90 | REPLY (re 33 MOTION for Preliminary Injunction ) filed byDolores Albarracin, Suzanne Bell, Ann D. Cohen-Wilson, Jonathan Kyle Daw, Katie Edwards, Michael D. Green, Abigail Hatcher, Sara Jackson, Kelton Minor, Heidi Moseson, Jade Pagkas-Bather, Andrea Rosso, Arghavan Salles, Mikaela Smith. (Meeropol, Rachel) (Filed on 10/26/2026) (Entered: 10/26/2026) | Open(opens another site) | |
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