STATE OF FLORIDA et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al Featured Case
Plaintiff: STATE OF FLORIDA, by and through BILL MCCOLLUM, STATE OF SOUTH CAROLINA, by and through HENRY McMASTER, ATTORNEY GENERAL, STATE OF NEBRASKA, by and through JON BRUNING, ATTORNEY GENERAL, STATE OF TEXAS, by and through GREG ABBOTT, ATTORNEY GENERAL, STATE OF UTAH, by and through MARK L. SHURTLEFF, ATTORNEY GENERAL, STATE OF LOUISIANA, by and through JAMES D. BUDDY CALDWELL, ATTORNEY GENERAL, STATE OF ALABAMA, by and through TROY KING, ATTORNEY GENERAL, STATE OF MICHIGAN, by and through MICHAEL A. COX, ATTORNEY GENERAL, STATE OF COLORADO, by and through JOHN W. SUTHERS, ATTORNEY GENERAL, COMMONWEALTH OF PENNSYLVANIA, by and through THOMAS W. CORBETT, JR., ATTORNEY GENERAL, STATE OF WASHINGTON, by and through ROBERT M. McKENNA, ATTORNEY GENERAL, STATE OF IDAHO, by and through LAWRENCE G. WASDEN, ATTORNEY GENERAL and STATE OF SOUTH DAKOTA, by and through MARTY J. JACKLEY, ATTORNEY GENERAL
Defendant: UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, KATHLEEN SEBELIUS, in her official capacity as THE SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF THE TREASURY, TIMOTHY F. GEITHNER, in his official capacity as the Secretary of THE UNITED STATES DEPARTMENT OF THE TREASURY, UNITED STATES DEPARTMENT OF LABOR and HILDA L. SOLIS, in her official capacity as THE SECRETARY OF THE UNITED STATES DEPARTMENT OF LABOR
Case Number: 3:2010cv00091
Filed: March 23, 2010
Court: US District Court for the Northern District of Florida
Office: Pensacola Office
Presiding Judge: ELIZABETH M TIMOTHY
Presiding Judge: ROGER VINSON
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 2201 Declaratory Judgement
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 4, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 6, 2011 Set Appeal Status Deadline re 161 Notice of Appeal #11-10894-HH, 169 Notice of Appeal #11-11021-HH, 173 Notice of Cross Appeal #11-11067-HH: (Clerk to check status of Appeal on 10/6/2011.) Prior Appeal Status Deadlines Terminated. (tll)
May 11, 2011 Filing 195 MANDATE of USCA (certified copy) as to 161 Notice of Appeal, filed by ROBERT P SMITH, JR. Appellant's voluntary motion to dismiss this appeal with prejudice is GRANTED. USCA Appeal # #11-10894-HH. (pmc)
May 5, 2011 Set Appeal Status Deadline re 161 Notice of Appeal #11-10894-HH, 169 Notice of Appeal #11-11021-HH, 173 Notice of Cross Appeal #11-11067-HH: (Clerk to check status of Appeals on 7/5/2011.) Prior Appeal Status Deadlines Terminated. (tll)
April 18, 2011 Filing 194 MANDATE of USCA (certified copy) re 182 Notice of Cross Appeal filed by BEATRICE M HEGHMANN, ROBERT A HEGHMANN. Appeal is DISMISSED for want of prosecution. USCA Appeal #11-11280-H. (tll)
April 4, 2011 Opinion or Order Filing 192 ORDER of USCA as to 169 Notice of Appeal #11-11021-HH, 173 Notice of Cross Appeal #11-11067-HH: Petition for Initial Hearing En Banc is Denied. Motion to expedite this appeal is Granted in part. Oral argument shall be heard on Wednesday, June 8, 2011, at 9:30 A.M. in Atlanta, GA. (tll)
April 4, 2011 Set Appeal Status Deadline re 161 Notice of Appeal #11-10894-H, 169 Notice of Appeal #11-11021-HH, 173 Notice of Cross Appeal #11-11067-H, 182 Notice of Cross Appeal #11-11280-H: Clerk to check status of Appeals on 5/5/2011. (tl)
March 31, 2011 Filing 191 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Florida certifies that the record is complete for purposes of this appeal re: 182 Notice of Cross Appeal, Appeal No. 11-11280-H. The entire record on appeal is available electronically. (tl)
March 31, 2011 Filing 190 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Florida certifies that the record is complete for purposes of this appeal re: 173 Notice of Cross Appeal, Appeal No. 11-11067-H. The entire record on appeal is available electronically. (tl)
March 31, 2011 Filing 189 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Florida certifies that the record is complete for purposes of this appeal re: 169 Notice of Appeal, Appeal No. 11-11021-HH. The entire record on appeal is available electronically. (tl)
March 31, 2011 Filing 188 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Florida certifies that the record is complete for purposes of this appeal re: 161 Notice of Appeal, Appeal No. 11-10894-H. The entire record on appeal is available electronically. (tl)
March 25, 2011 Filing 187 USCA PROCEDURAL LETTER re: 182 NOTICE OF CROSS APPEAL as to 155 Order re Motion to Intervene, Motion to Alter Judgment, Motion for Preliminary Injunction, 151 Final Judgment, by BEATRICE M HEGHMANN, ROBERT A HEGHMANN. USCA Appeal #11-11280-H (tl)
March 25, 2011 Filing 186 USCA Case Number 11-11280-H for 182 NOTICE OF CROSS APPEAL as to 155 Order re Motion to Intervene, Motion to Alter Judgment, Motion for Preliminary Injunction, 151 Final Judgment, by BEATRICE M HEGHMANN, ROBERT A HEGHMANN. (tl)
March 24, 2011 Opinion or Order Filing 185 ORDER entered by USCA on March 24, 2011 as to "Appellant's (ROBERT P SMITH, JR) Emergency Motion for an Order Implementing...," construed by USCA as a Petition for Writ of Mandamus, re 152 Order, and assigned USCA Appeal #11-10476-H. Because Petitioner has obtained the relief he seeks in his petition, the petition is hereby Denied as Moot. (tl)
March 21, 2011 Filing 184 Transmittal of Notice of 182 Notice of Cross Appeal and Docket Sheet to US Court of Appeals. (cc: BEATRICE M HEGHMANN, ROBERT A HEGHMANN) (tl)
March 21, 2011 Filing 183 Appeal Instructions re: 182 Notice of Cross Appeal filed by BEATRICE M HEGHMANN, ROBERT A HEGHMANN: The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter. Transcript Order Form due by 4/4/2011. (cc: BEATRICE M HEGHMANN, ROBERT A HEGHMANN) (tl)
March 18, 2011 Filing 182 NOTICE OF CROSS APPEAL as to 155 Order re Motion to Intervene, Motion to Alter Judgment, Motion for Preliminary Injunction, 151 Final Judgment, by BEATRICE M HEGHMANN, ROBERT A HEGHMANN. (tl)
March 16, 2011 Opinion or Order Filing 181 ORDER Denying 176 Motion for an order remedying the incomplete transcript 146 by ROBERT P SMITH, JR for lack of jurisdiction. If the court does have jurisdiction, the motion is Denied as being totally without basis or grounds. Signed by SENIOR JUDGE ROGER VINSON on March 16, 2011. (tl)
March 15, 2011 Filing 180 TRANSCRIPT REQUEST by TERRY E BRANSTAD, COMMONWEALTH OF PENNSYLVANIA, STATE OF ALABAMA, STATE OF ALASKA, STATE OF ARIZONA, STATE OF COLORADO, STATE OF FLORIDA, STATE OF GEORGIA, STATE OF IDAHO, STATE OF INDIANA, STATE OF KANSAS, STATE OF LOUISIANA, STATE OF MAINE, STATE OF MICHIGAN, STATE OF MISSISSIPPI, STATE OF NEBRASKA, STATE OF NEVADA, STATE OF NORTH DAKOTA, STATE OF OHIO, STATE OF SOUTH CAROLINA, STATE OF SOUTH DAKOTA, STATE OF TEXAS, STATE OF UTAH, STATE OF WASHINGTON, STATE OF WISCONSIN, STATE OF WYOMING for proceedings held on All necessary transcripts on file before Judge Roger Vinson, Court Reporter:Donna Boland (WINSHIP, BLAINE) Modified on 3/16/2011 to add USCA Appeal #11-11067-H. (tl)
March 11, 2011 Filing 179 AMENDED NOTICE OF CROSS APPEAL as to 79 Order on Motion to Dismiss, 150 Order on Motion for Summary Judgment,,,,,,, 151 Judgment, by KAJ AHLBURG, TERRY E BRANSTAD, MARY BROWN, COMMONWEALTH OF PENNSYLVANIA, NATIONAL FEDERATION OF INDEPENDENT BUSINESS, STATE OF ALABAMA, STATE OF ALASKA, STATE OF ARIZONA, STATE OF COLORADO, STATE OF FLORIDA, STATE OF GEORGIA, STATE OF IDAHO, STATE OF INDIANA, STATE OF KANSAS, STATE OF LOUISIANA, STATE OF MAINE, STATE OF MICHIGAN, STATE OF MISSISSIPPI, STATE OF NEBRASKA, STATE OF NEVADA, STATE OF NORTH DAKOTA, STATE OF OHIO, STATE OF SOUTH CAROLINA, STATE OF SOUTH DAKOTA, STATE OF TEXAS, STATE OF UTAH, STATE OF WASHINGTON, STATE OF WISCONSIN, STATE OF WYOMING. Appeal Record due by 3/8/2011. (WINSHIP, BLAINE) Modified on 3/14/2011 to clarify text. (tl)
March 11, 2011 Filing 178 USCA PROCEDURAL LETTER re: 173 NOTICE OF CROSS APPEAL as to 79 Order on Motion to Dismiss, 150 Order on Motion for Summary Judgment, 151 Judgment, by KAJ AHLBURG, TERRY E BRANSTAD, MARY BROWN, COMMONWEALTH OF PENNSYLVANIA, NATIONAL FEDERATION OF INDEPENDENT BUSINESS, STATE OF ALABAMA, STATE OF ALASKA, STATE OF ARIZONA, STATE OF COLORADO, STATE OF FLORIDA, STATE OF GEORGIA, STATE OF IDAHO, STATE OF INDIANA, STATE OF KANSAS, STATE OF LOUISIANA, STATE OF MAINE, STATE OF MICHIGAN, STATE OF MISSISSIPPI, STATE OF NEBRASKA, STATE OF NEVADA, STATE OF NORTH DAKOTA, STATE OF OHIO, STATE OF SOUTH CAROLINA, STATE OF SOUTH DAKOTA, STATE OF TEXAS, STATE OF UTAH, STATE OF WASHINGTON, STATE OF WISCONSIN, STATE OF WYOMING. USCA Appeal #11-11067-H (tl)
March 11, 2011 Filing 177 USCA Case Number 11-11021-HH for 169 NOTICE OF APPEAL by TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (tl)
March 11, 2011 Filing 176 MOTION for an order remedying the incompete transcript 146 by ROBERT P SMITH, JR. (tdg)
March 11, 2011 Filing 175 Transmittal of 173 Notice of Cross Appeal and Docket Sheet to US Court of Appeals. (tl)
March 11, 2011 Filing 174 Appeal Instructions re: 173 Notice of Cross Appeal by KAJ AHLBURG, TERRY E BRANSTAD, MARY BROWN, COMMONWEALTH OF PENNSYLVANIA, NATIONAL FEDERATION OF INDEPENDENT BUSINESS, STATE OF ALABAMA, STATE OF ALASKA, STATE OF ARIZONA, STATE OF COLORADO, STATE OF FLORIDA, STATE OF GEORGIA, STATE OF IDAHO, STATE OF INDIANA, STATE OF KANSAS, STATE OF LOUISIANA, STATE OF MAINE, STATE OF MICHIGAN, STATE OF MISSISSIPPI, STATE OF NEBRASKA, STATE OF NEVADA, STATE OF NORTH DAKOTA, STATE OF OHIO, STATE OF SOUTH CAROLINA, STATE OF SOUTH DAKOTA, STATE OF TEXAS, STATE OF UTAH, STATE OF WASHINGTON, STATE OF WISCONSIN, STATE OF WYOMING: The Transcript Request Form is available on the Internet athttp://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter. Transcript Order Form due by 3/25/2011. (tl) Modified on 3/11/2011 to add applicable parties. (tl)
March 11, 2011 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed Re: 176 MOTION for an order remedying the incomplete Transcript 146 . (R&O in Q) (tl)
March 10, 2011 Filing 173 NOTICE OF CROSS APPEAL as to 79 Order on Motion to Dismiss, 150 Order on Motion for Summary Judgment,,,,,,, 151 Judgment, by KAJ AHLBURG, TERRY E BRANSTAD, MARY BROWN, COMMONWEALTH OF PENNSYLVANIA, NATIONAL FEDERATION OF INDEPENDENT BUSINESS, STATE OF ALABAMA, STATE OF ALASKA, STATE OF ARIZONA, STATE OF COLORADO, STATE OF FLORIDA, STATE OF GEORGIA, STATE OF IDAHO, STATE OF INDIANA, STATE OF KANSAS, STATE OF LOUISIANA, STATE OF MAINE, STATE OF MICHIGAN, STATE OF MISSISSIPPI, STATE OF NEBRASKA, STATE OF NEVADA, STATE OF NORTH DAKOTA, STATE OF OHIO, STATE OF SOUTH CAROLINA, STATE OF SOUTH DAKOTA, STATE OF TEXAS, STATE OF UTAH, STATE OF WASHINGTON, STATE OF WISCONSIN, STATE OF WYOMING. Filing fee $ 455, receipt number 1129-1831078. Appeal Record due by 3/8/2011. (WINSHIP, BLAINE)
March 9, 2011 Filing 172 USCA PROCEDURAL LETTER re: 169 NOTICE OF APPEAL as to 79 Order on Motion to Dismiss, 150 Order on Motion for Summary Judgment, 151 Judgment, 167 Order, by TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (BECKENHAUER, ERIC) USCA Appeal # 11-11021-HH (tl)
March 9, 2011 Filing 171 Transmittal of 169 Notice of Appeal and Docket Sheet to US Court of Appeals. (tl)
March 9, 2011 Filing 170 Appeal Instructions re: 169 Notice of Appeal by TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY: The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter. Transcript Order Form due by 3/23/2011. (tl) Modified on 3/11/2011 to add applicable parties. (tl)
March 8, 2011 Filing 169 NOTICE OF APPEAL as to 79 Order on Motion to Dismiss, 150 Order on Motion for Summary Judgment,,,,,,, 151 Judgment, 167 Order, by TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. ( (BECKENHAUER, ERIC)
March 7, 2011 Filing 168 USCA PROCEDURAL LETTER re: 161 NOTICE OF APPEAL as to 37 Order on Motion to Intervene, 64 Order on Motion for Reconsideration, 150 Order on Motion for Summary Judgment, & 151 Final Judgment by ROBERT P SMITH, JR, USCA Appeal #11-10894-H. (tl)
March 3, 2011 Opinion or Order Filing 167 ORDER. The defendants' motion to clarify 156 is GRANTED. To the extent that motion is construed as a motion to stay, it is also GRANTED, and the summary declaratory judgment entered in this case is STAYED pending appeal, conditioned upon the defendants filing their notice of appeal within seven (7) calendar days of this order and seeking an expedited appellate review. Signed by SENIOR JUDGE ROGER VINSON on 3/3/11. (tdg)
March 2, 2011 Opinion or Order Filing 166 ORDER Granting 163 MOTION of GOVERNOR OF WASHINGTON for leave to file Amicus Memorandum in support of continuing implementation of Affordable Care Act in state of Washington and Memorandum in support thereof. Signed by SENIOR JUDGE ROGER VINSON on March 2, 2011. (tl)
March 1, 2011 Filing 165 Appeal Instructions re: 161 Notice of Appeal by ROBERT P SMITH JR. The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter. Transcript Order Form due by 3/15/2011. (cc ROBERT P SMITH, JR) (tl)
March 1, 2011 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed Re: 156 MOTION To Clarify re 150 Order on Motion for Summary Judgment, 151 Judgment, 158 Memorandum in Opposition to Motion, 164 Reply to Response to Motion. (tl)
March 1, 2011 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed Re: 163 MOTION to File Amicus Brief in Support of (re 156 , 158 ) Continuing Implementation of Affordable Care Act in State of Washington. (R&O in Q) (tl)
February 28, 2011 Filing 164 REPLY to 158 Response to 156 MOTION To Clarify re 150 Order on Motion for Summary Judgment, 151 Judgment, filed by TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (BECKENHAUER, ERIC) Modified on 3/1/2011 to clarify text, create link. (tl)
February 28, 2011 Filing 163 MOTION to File Amicus Brief in Support (re 156 , 158 )of Continuing Implementation of Affordable Care Act in State of Washington by GOVERNOR OF WASHINGTON. (Internal deadline for referral to judge if response not filed earlier: 3/18/2011). (Attachments: # 1 Exhibit 1) (BARAUSKAS, ALEKSAS) Modified on 3/1/2011 to create link. (tl)
February 28, 2011 Filing 162 Transmittal of Notice of Appeal 161 and Response to Petition for Writ of Mandamus (tdg).
February 28, 2011 Filing 161 NOTICE OF APPEAL as to 37 Order on Motion to Intervene, 64 Order on Motion for Reconsideration, 150 Order on Motion for Summary Judgment, & 151 Final Judgment by ROBERT P SMITH, JR. Filed pursuant to District Order 160 and Circuit Order 159 (tdg). (Additional attachment(s) added on 2/28/2011: # 1 Appeal Fee Receipt FLN300004923, $455) (tdg).
February 28, 2011 Opinion or Order Filing 160 ORDER. Pursuant to the Eleventh Circuit's order 159 the Clerk is hereby directed to file the notice of appeal previously submitted by non-party Robert Smith and forward same to the Court of Appeals, after the filing fee is paid. Signed by SENIOR JUDGE ROGER VINSON on 2/28/2011. (tdg)
February 24, 2011 Opinion or Order Filing 159 ORDER entered by USCA on 02/24/2011 as to "Appellant's Emergency Motion for an Order Implementing..." filed by Robert P. Smith in re 152 Order, construed by USCA as a Petition for Writ of Mandamus and assigned USCA Appeal #11-10476-H. Respondents, including the District Judge, are directed to file a response to the petition for writ of mandamus within 14 days of the date of this order. (jmd)
February 24, 2011 Set Deadline (re 157 ) to file Reply to 158 Memorandum in Opposition re 156 Motion to Clarify. Replies due on 2/28/2011. (tl)
February 24, 2011 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed Re: 159 Order. (jmd)
February 23, 2011 Filing 158 MEMORANDUM in Opposition re 156 MOTION To Clarify re 150 Order on Motion for Summary Judgment, 151 Judgment, filed by KAJ AHLBURG, TERRY E BRANSTAD, MARY BROWN, COMMONWEALTH OF PENNSYLVANIA, NATIONAL FEDERATION OF INDEPENDENT BUSINESS, STATE OF ALABAMA, STATE OF ALASKA, STATE OF ARIZONA, STATE OF COLORADO, STATE OF FLORIDA, STATE OF GEORGIA, STATE OF IDAHO, STATE OF INDIANA, STATE OF KANSAS, STATE OF LOUISIANA, STATE OF MAINE, STATE OF MICHIGAN, STATE OF MISSISSIPPI, STATE OF NEBRASKA, STATE OF NEVADA, STATE OF NORTH DAKOTA, STATE OF OHIO, STATE OF SOUTH CAROLINA, STATE OF SOUTH DAKOTA, STATE OF TEXAS, STATE OF UTAH, STATE OF WASHINGTON, STATE OF WISCONSIN, STATE OF WYOMING. (WINSHIP, BLAINE) Modified on 2/24/2011 to clarify text (tl).
February 18, 2011 Opinion or Order Filing 157 ORDER DIRECTING EXPEDITED FILING re 156 MOTION To Clarify re 150 Order on Motion for Summary Judgment, 151 Judgment. From the date of this Order, the plaintiffs shall have 3 business days in which to file their response in opposition to the defendants' motion. If the defendants wish to file a reply to that response, they shall also have 3 business days from the date the response is filed. (Internal deadline for referral to judge if response not filed on: 2/23/2011.) Signed by SENIOR JUDGE ROGER VINSON on February 18, 2011. (tl) Modified on 2/22/2011 to clarify text. (tl)
February 18, 2011 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed Re: 156 MOTION To Clarify re 150 Order on Motion for Summary Judgment, 151 Judgment. (tl)
February 17, 2011 Filing 156 MOTION To Clarify re 150 Order on Motion for Summary Judgment,,,,,,, 151 Judgment, by TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (BECKENHAUER, ERIC)
February 14, 2011 Opinion or Order Filing 155 ORDER re 153 MOTION to Intervene, MOTION to Alter Judgment, MOTION for Preliminary Injunction, 154 Memorandum in Support of Motion. The movants request to intervene in this case is DENIED, for all the reasons stated in prior orders (see docs. 18 , 37 ). Because intervention is denied, the movants are not parties to this case and thus have no legal basis to move to alter judgment and/or for a preliminary injunction. Signed by SENIOR JUDGE ROGER VINSON on February 14, 2011. (tl) (mailed to non-parties, BEATRICE M HEGHMANN, ROBERT A HEGHMANN, 17 Deer Meadow Road, Durham, NH 03824)
February 14, 2011 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed Re: 153 MOTION to Intervene, MOTION to Alter Judgment, MOTION for Preliminary Injunction, 154 Memorandum in Support of Motion. (R&O in Q) (tl)
February 10, 2011 Filing 154 MEMORANDUM in Support re 153 MOTION to Intervene, MOTION to Alter Judgment, MOTION for Preliminary Injunction filed by (non-parties, BEATRICE M HEGHMANN, ROBERT A HEGHMANN). (tl)
February 10, 2011 Filing 153 MOTION to Intervene by (non-parties, ROBERT A HEGHMANN, BEATRICE M HEGHMANN). (tl). Added MOTION to Alter Judgment, MOTION for Preliminary Injunction on 2/14/2011 (tdg).
February 2, 2011 Filing 152 DEFICIENCY ORDER. The NOTICE OF APPEAL (PRO-SE) BY ROBERT P. SMITH, JR. is returned without filing, along with the $455 filing fee. Signed by SENIOR JUDGE ROGER VINSON on 2/2/11. (tdg) Attachment # 1 Scanned copy of returned document (tdg). Modified on 2/4/2011 - attachment added(tdg).
January 31, 2011 Filing 151 FINAL SUMMARY DECLARATORY JUDGMENT. It is hereby DECLARED, ADJUDGED, and DECREED that The Patient Protection and Affordable Care Act, Pub. L. No. 111-148, 124 Stat. 119 (2010), as amended by the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat. 1029 (2010), is unconstitutional. Signed by SENIOR JUDGE ROGER VINSON on 1/31/2011. (djb)
January 31, 2011 Opinion or Order Filing 150 ORDER GRANTING SUMMARY JUDGMENT - For all the reasons stated and pursuant to Rule 56 of the Federal Rules of Civil Procedure, the plaintiffs motion for summary judgment (doc. 80 ) is hereby GRANTED as to its request for declaratory relief on Count I of the Second Amended Complaint, and DENIED as to its request for injunctive relief; and the defendants' motion for summary judgment (doc. 82 ) is hereby GRANTED on Count IV of the Second Amended Complaint. The respective cross-motions are each DENIED. In accordance with Rule 57 of the Federal Rules of Civil Procedure and Title 28, United States Code, Section 2201(a), a Declaratory Judgment shall be entered separately, declaring "The Patient Protection and Affordable Care Act" unconstitutional. Signed by SENIOR JUDGE ROGER VINSON on 1/31/2011. (djb) Modified on 1/31/2011 (djb).
January 19, 2011 Opinion or Order Filing 149 ORDER - The plaintiffs' motion for leave to file a second amended complaint (doc. 147 ) is hereby GRANTED, and the new complaint will be deemed filed as of this date, as will the defendants' previously-filed answer. Signed by SENIOR JUDGE ROGER VINSON on 1/19/2011. (djb)
January 18, 2011 Filing 148 Second AMENDED COMPLAINT against TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY, filed by STATE OF NORTH DAKOTA, STATE OF ALABAMA, STATE OF ALASKA, COMMONWEALTH OF PENNSYLVANIA, STATE OF WASHINGTON, STATE OF INDIANA, NATIONAL FEDERATION OF INDEPENDENT BUSINESS, STATE OF MISSISSIPPI, STATE OF GEORGIA, STATE OF IDAHO, STATE OF NEVADA, STATE OF SOUTH CAROLINA, STATE OF FLORIDA, MARY BROWN, KAJ AHLBURG, STATE OF SOUTH DAKOTA, STATE OF LOUISIANA, STATE OF NEBRASKA, STATE OF ARIZONA, STATE OF COLORADO, STATE OF MICHIGAN, STATE OF TEXAS, STATE OF UTAH. (WINSHIP, BLAINE)
January 18, 2011 Filing 147 MOTION for Leave to File Second Amended Complaint by KAJ AHLBURG, MARY BROWN, COMMONWEALTH OF PENNSYLVANIA, NATIONAL FEDERATION OF INDEPENDENT BUSINESS, STATE OF ALABAMA, STATE OF ALASKA, STATE OF ARIZONA, STATE OF COLORADO, STATE OF FLORIDA, STATE OF GEORGIA, STATE OF IDAHO, STATE OF INDIANA, STATE OF LOUISIANA, STATE OF MICHIGAN, STATE OF MISSISSIPPI, STATE OF NEBRASKA, STATE OF NEVADA, STATE OF NORTH DAKOTA, STATE OF SOUTH CAROLINA, STATE OF SOUTH DAKOTA, STATE OF TEXAS, STATE OF UTAH, STATE OF WASHINGTON. (WINSHIP, BLAINE)
January 18, 2011 Set Deadlines as to 147 MOTION for Leave to File Second Amended Complaint. (Internal deadline for referral to judge if response not filed earlier: 2/7/2011). (djb)
December 24, 2010 Filing 146 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of CROSS MOTIONS FOR SUMMARY JUDGMENT Proceedings held on December 16, 2010, before Judge Roger Vinson. Court Reporter/Transcriber Donna L. Boland, Telephone number 850.470.8189. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/3/2011. Release of Transcript Restriction set for 3/31/2011. (dlb)
December 16, 2010 Filing 145 Minute Entry for proceedings held before SENIOR JUDGE ROGER VINSON: oral arguments as to parties' motions for summary judgment held on 12/16/2010. (Court Reporter Donna Boland.) (jmd)
December 15, 2010 Filing 144 NOTICE of Appearance by LARRY JAMES OBHOF, JR on behalf of KAJ AHLBURG, MARY BROWN, NATIONAL FEDERATION OF INDEPENDENT BUSINESS (OBHOF, LARRY)
December 14, 2010 Filing 143 NOTICE of Supplemental Authority by KAJ AHLBURG, MARY BROWN, COMMONWEALTH OF PENNSYLVANIA, NATIONAL FEDERATION OF INDEPENDENT BUSINESS, STATE OF ALABAMA, STATE OF ALASKA, STATE OF ARIZONA, STATE OF COLORADO, STATE OF FLORIDA, STATE OF GEORGIA, STATE OF IDAHO, STATE OF INDIANA, STATE OF LOUISIANA, STATE OF MICHIGAN, STATE OF MISSISSIPPI, STATE OF NEBRASKA, STATE OF NEVADA, STATE OF NORTH DAKOTA, STATE OF SOUTH CAROLINA, STATE OF SOUTH DAKOTA, STATE OF TEXAS, STATE OF UTAH, STATE OF WASHINGTON (Attachments: # 1 Exhibit Virginia Order Granting Summary Judgment) (WINSHIP, BLAINE)
December 14, 2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed - Re: 143 Notice of Supplemental Authority. (laj)
December 7, 2010 Opinion or Order Filing 142 ORDER - DENYING 140 Motion for Leave to File Amicus Curiae Brief. Signed by SENIOR JUDGE ROGER VINSON on 12/7/2010. (laj)
December 7, 2010 Filing 141 Deficiency ORDER - The submitted hard copy of the document shall be returned to you by the Clerk without electronic filing. Signed by SENIOR JUDGE ROGER VINSON on 12/7/2010. (djb)
December 7, 2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed - Re: 140 MOTION for Leave to File Amicus Curiae Brief. (laj)
December 7, 2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed - Re: Plas' 138 Reply to Response to Motion, and Dfts' 139 Reply to Response to Motion. (laj)
December 6, 2010 Filing 139 REPLY to Response to Motion re 82 MOTION for Summary Judgment filed by TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (BECKENHAUER, ERIC)
December 6, 2010 Filing 138 REPLY to Response to Motion re 80 MOTION for Summary Judgment filed by KAJ AHLBURG, MARY BROWN, COMMONWEALTH OF PENNSYLVANIA, NATIONAL FEDERATION OF INDEPENDENT BUSINESS, STATE OF ALABAMA, STATE OF ALASKA, STATE OF ARIZONA, STATE OF COLORADO, STATE OF FLORIDA, STATE OF GEORGIA, STATE OF IDAHO, STATE OF INDIANA, STATE OF LOUISIANA, STATE OF MICHIGAN, STATE OF MISSISSIPPI, STATE OF NEBRASKA, STATE OF NEVADA, STATE OF NORTH DAKOTA, STATE OF SOUTH CAROLINA, STATE OF SOUTH DAKOTA, STATE OF TEXAS, STATE OF UTAH, STATE OF WASHINGTON. (WINSHIP, BLAINE)
December 2, 2010 Filing 140 MOTION for Leave to File Amicus Curiae Brief by pro se litigant W. Spencer Connerat, III. (laj)
November 23, 2010 Filing 137 MEMORANDUM in Opposition re 80 MOTION for Summary Judgment filed by TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Response to Plaintiffs' Statement of Facts) (BECKENHAUER, ERIC)
November 23, 2010 Filing 136 PLAINTIFFS' RESPONSE to Defendants' Statement of Facts As to Which There Is No Genuine Issue 82 filed by STATE OF FLORIDA. (tdg)
November 23, 2010 Filing 135 PLAINTIFFS MEMORANDUM in Opposition to Defendants' Motion for Summary Judgment 82 filed by STATE OF FLORIDA. (Attachments: # 1 Supplemental Appendix) (tdg)
November 19, 2010 Filing 134 AMICUS CURIAE BRIEF by AMERICAN ACADEMY OF PEDIATRICS In Support of Defendants' Motion for Summary Judgment. (SOMERS, SARAH)
November 19, 2010 Filing 133 AMICUS CURIAE BRIEF by GOVERNORS OF COLORADO, MICHIGAN, PENNSYLVANIA AND WASHINGTON IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT. (BARAUSKAS, ALEKSAS)
November 19, 2010 Filing 132 AMICUS CURIAE BRIEF by Governor Tim Pawlenty re 80 MOTION for Summary Judgment. (BADER, HANS)
November 19, 2010 Filing 131 AMICUS CURIAE BRIEF by American Hospital Association et al. in support of Defendants. (STETSON, CATHERINE)
November 19, 2010 Filing 130 AMICUS CURIAE BRIEF by STATES OF OREGON, IOWA, AND VERMONT. (DUBANEVICH, KEITH)
November 19, 2010 Filing 129 MEMORANDUM in Support re 82 MOTION for Summary Judgment Brief Amicus Curiae filed by SMALL BUSINESS MAJORITY FOUNDATION. (SANDLER, JOSEPH)
November 19, 2010 Filing 128 AMICUS CURIAE BRIEF by Young Invincibles. (ANNINO, PAOLO)
November 19, 2010 Filing 127 AMICUS CURIAE BRIEF by AMERICAN CIVIL RIGHTS UNION (ACRU) In Support of Plaintiff's Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment. (TRAGOS, GEORGE)
November 19, 2010 Filing 126 AMICUS CURIAE BRIEF by STATE LEGISLATORS in Support of Defendants' Motion for Summary Judgment. (WYDRA, ELIZABETH)
November 19, 2010 Filing 125 MEMORANDUM in Support re 82 MOTION for Summary Judgment Brief Amici Curiae of Economic Scholars in Support of Defendants' Motion for Summary Judgment filed by David Cutler. (ROSEN, RICHARD)
November 19, 2010 Filing 124 AMICUS CURIAE BRIEF by American Nurses Association in support of defendants' motion for summary judgment. (MILLHISER, IAN)
November 19, 2010 Filing 123 AMICUS CURIAE BRIEF by FAMILY RESEARCH COUNCIL Supporting Plaintiffs' Motion for Summary Judgment. (KLUKOWSKI, KENNETH)
November 19, 2010 Filing 122 AMICUS CURIAE BRIEF by AMERICAN CENTER FOR LAW AND JUSTICE , Various Members of Congress, and the Constitutional Committee. (WHITE, EDWARD)
November 18, 2010 Filing 121 AMICUS CURIAE BRIEF by UNITED STATES SENATORS in support of Plaintiffs' Motion for Summary Judgment. (SEVERINO, CARRIE)
November 17, 2010 Filing 120 AMICUS CURIAE BRIEF by AMERICAN ASSOCIATION OF PEOPLE WITH DISABILITIES et al.. (BOBROFF, ROCHELLE)
November 16, 2010 Filing 119 AMICUS CURIAE BRIEF by JOHN A BOEHNER in support of Plaintiffs' Motion for Summary Judgment. (SEVERINO, CARRIE)
November 12, 2010 Opinion or Order Filing 118 ORDER GRANTING 114 MOTION OF HOUSE REPUBLICAN LEADER JOHN BOEHNER FOR LEAVE TO FILE AS AMICUS CURIAE IN SUPPORT OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT. Signed by SENIOR JUDGE ROGER VINSON on November 12, 2010. (kvg)
November 12, 2010 Opinion or Order Filing 117 ORDER GRANTING 113 MOTION AND MEMORANDUM IN SUPPORT THEREOF FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE YOUNG INVINCIBLES IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT. Signed by SENIOR JUDGE ROGER VINSON on November 12, 2010. (kvg)
November 12, 2010 Opinion or Order Filing 116 ORDER GRANTING 112 MOTION FOR LEAVE TO FILE BRIEF AS AMICI CURIAE IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. Signed by SENIOR JUDGE ROGER VINSON on November 12, 2010. (kvg)
November 12, 2010 Opinion or Order Filing 115 ORDER GRANTING 102 MOTION AND MEMORANDUM IN SUPPORT THEREOF FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE AMERICAN NURSES ASSOCATION [sic]. Signed by SENIOR JUDGE ROGER VINSON on November 12, 2010. (kvg)
November 12, 2010 Filing 114 MOTION for Leave to File Brief as Amicus Curiae in support of Plaintiffs' Motion for Summary Judgment by JOHN A BOEHNER. (SEVERINO, CARRIE)
November 12, 2010 Filing 113 MOTION to File Amicus Brief by Young Invincibles. (Internal deadline for referral to judge if response not filed earlier: 11/30/2010). (ANNINO, PAOLO)
November 12, 2010 Filing 112 MOTION for Leave to File Brief as Amici Curiae in support of Plaintiffs' Motion for Summary Judgment by UNITED STATES SENATORS. (SEVERINO, CARRIE)
November 12, 2010 Opinion or Order Filing 111 ORDER GRANTING 98 MOTION OF ECONOMIC SCHOLARS FOR LEAVE TO FILE AMICUS CURIAE BRIEF AND MEMORANDUM IN SUPPORT THEREOF. Signed by SENIOR JUDGE ROGER VINSON on November 12, 2010. (kvg)
November 12, 2010 Opinion or Order Filing 110 ORDER GRANTING 97 MOTION OF THE FAMILY RESEARCH COUNCIL FOR LEAVE OF COURT TO FILE A BRIEF AS AMICUS CURIAE SUPPORTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT. Signed by SENIOR JUDGE ROGER VINSON on November 12, 2010. (kvg)
November 12, 2010 Opinion or Order Filing 109 ORDER GRANTING 96 MOTION OF AMERICAN HOSPITAL ASSOCIATION ET AL. FOR LEAVE TO FILE BRIEF AMICI CURIAE. Signed by SENIOR JUDGE ROGER VINSON on November 12, 2010. (kvg)
November 12, 2010 Opinion or Order Filing 108 ORDER GRANTING 95 MOTION OF GOVERNORS TIM PAWLENTY AND DONALD L. CARCIERI FOR LEAVE TO FILE AMICI CURIAE BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. Signed by SENIOR JUDGE ROGER VINSON on November 12, 2010. (kvg)
November 12, 2010 Opinion or Order Filing 107 ORDER GRANTING 94 MOTION OF GOVERNORS OF WASHINGTON, COLORADO, MICHIGAN, AND PENNSLYVANIA FOR LEAVE TO FILE AMICUS BRIEF IN SUPPORT OF DEFENDANTS. Signed by SENIOR JUDGE ROGER VINSON on November 12, 2010. (kvg)
November 12, 2010 Opinion or Order Filing 106 ORDER GRANTING 93 OREGON, IOWA AND VERMONT'S RENEWED MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF. Signed by SENIOR JUDGE ROGER VINSON on November 12, 2010. (kvg)
November 12, 2010 Opinion or Order Filing 105 ORDER GRANTING 92 MOTION OF STATE LEGISLATORS FOR LEAVE TO FILE BRIEF OF AMICI CURIAE IN SUPPORT OF DEFENDANTS AND MEMORANDUM OF LAW IN SUPPORT THEREOF. Signed by SENIOR JUDGE ROGER VINSON on November 12, 2010. (kvg)
November 12, 2010 Opinion or Order Filing 104 ORDER GRANTING 91 MOTION AND MEMORANDUM IN SUPPORT THEREOF FOR LEAVE TO FILE BRIEF AMICI CURIAE BY THE AMERICAN ASSOCIATION OF PEOPLE WITH DISABILITIES, THE ARC OF THE UNITED STATES, et al, IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT. Signed by SENIOR JUDGE ROGER VINSON on November 12, 2010. (kvg)
November 12, 2010 Opinion or Order Filing 103 ORDER GRANTING 90 MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT & OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT. Signed by SENIOR JUDGE ROGER VINSON on November 12, 2010. (kvg)
November 12, 2010 Filing 102 MOTION to File Amicus Brief by American Nurses Association. (Internal deadline for referral to judge if response not filed earlier: 11/30/2010). (MILLHISER, IAN)
November 12, 2010 Opinion or Order Filing 101 ORDER GRANTING 89 MOTION FOR LEAVE TO FILE BRIEF AMICUS CURIAE IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT. Signed by SENIOR JUDGE ROGER VINSON on November 12, 2010. (kvg)
November 12, 2010 Opinion or Order Filing 100 ORDER GRANTING 87 MOTION TO FILE AMICUS BRIEF & ACCOMPANYING MEMORANDUM OF LAW. Signed by SENIOR JUDGE ROGER VINSON on November 12, 2010. (kvg)
November 12, 2010 Opinion or Order Filing 99 ORDER GRANTING 86 MOTION FOR LEAVE TO PARTICIPATE AS AMICI CURIAE BY THE AMERICAN CENTER FOR LAW & JUSTICE, VARIOUS MEMBERS OF CONGRESS & THE CONSTITUTIONAL COMMITTEE. Signed by SENIOR JUDGE ROGER VINSON on November 12, 2010. (kvg)
November 12, 2010 Filing 98 MOTION for Leave to File Amicus Curiae Brief by David Cutler. (ROSEN, RICHARD)
November 12, 2010 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed Re: 102 , 112 through 114 MOTIONS to File Amicus Briefs. (kvg)
November 12, 2010 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed Re: 89 - 98 MOTIONS for Leave to File Amicus Briefs. (kvg)
November 11, 2010 Filing 97 MOTION for Leave to File Brief as Amicus Curiae by FAMILY RESEARCH COUNCIL. (KLUKOWSKI, KENNETH)
November 11, 2010 Filing 96 MOTION for Leave to File Brief Amici Curiae by American Hospital Association. (STETSON, CATHERINE)
November 11, 2010 Filing 95 MOTION to File Amicus Brief by Governor Tim Pawlenty. (Internal deadline for referral to judge if response not filed earlier: 11/29/2010). (BADER, HANS)
November 11, 2010 Filing 94 MOTION to File Amicus Brief in Support of Defendants by GOVERNORS OF COLORADO, MICHIGAN, PENNSYLVANIA AND WASHINGTON. (Internal deadline for referral to judge if response not filed earlier: 11/29/2010). (BARAUSKAS, ALEKSAS)
November 10, 2010 Filing 93 MOTION to File Amicus Brief by STATES OF OREGON, IOWA, AND VERMONT. (Internal deadline for referral to judge if response not filed earlier: 11/29/2010). (DUBANEVICH, KEITH)
November 10, 2010 Filing 92 MOTION for Leave to File Brief of Amici Curiae in Support of Defendants by STATE LEGISLATORS. (WYDRA, ELIZABETH)
November 10, 2010 Filing 91 MOTION for Leave to File Amicus Brief by AMERICAN ASSOCIATION OF PEOPLE WITH DISABILITIES. (BOBROFF, ROCHELLE)
November 10, 2010 Filing 90 MOTION to File Amicus Brief by AMERICAN CIVIL RIGHTS UNION (ACRU). (Internal deadline for referral to judge if response not filed earlier: 11/29/2010). (TRAGOS, GEORGE)
November 10, 2010 Filing 89 MOTION for Leave to File Brief Amicus Curiae In Support of Defendants' Motion for Summary Judgment by Small Business Majority Foundaton. (SANDLER, JOSEPH)
November 10, 2010 Opinion or Order Filing 88 ORDER - DENYING Movant Eve Ellingwood's 84 Motion for Intervention in the Herein Case, for the reasons stated in prior Orders (see docs. 18 , 37 ). Signed by SENIOR JUDGE ROGER VINSON on 11/10/2010. (laj)
November 10, 2010 Filing 87 MOTION to File Amicus Brief by American Academy of Pediatrics, et al.. (Internal deadline for referral to judge if response not filed earlier: 11/29/2010). (SOMERS, SARAH)
November 10, 2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed - Re: 86 MOTION to File Amicus Brief. (laj)
November 10, 2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed - Re: 87 MOTION to File Amicus Brief. (laj)
November 10, 2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed - Re: 89 MOTION for Leave to File Brief Amicus Curiae In Support of Defendants' Motion for Summary Judgment, and 90 MOTION to File Amicus Brief. (laj)
November 9, 2010 Filing 86 MOTION to File Amicus Brief by American Center for Law & Justice, et al.. (Internal deadline for referral to judge if response not filed earlier: 11/29/2010). (WHITE, EDWARD)
November 8, 2010 Filing 85 NOTICE of Filing by KAJ AHLBURG, MARY BROWN, COMMONWEALTH OF PENNSYLVANIA, NATIONAL FEDERATION OF INDEPENDENT BUSINESS, STATE OF ALABAMA, STATE OF ALASKA, STATE OF ARIZONA, STATE OF COLORADO, STATE OF FLORIDA, STATE OF GEORGIA, STATE OF IDAHO, STATE OF INDIANA, STATE OF LOUISIANA, STATE OF MICHIGAN, STATE OF MISSISSIPPI, STATE OF NEBRASKA, STATE OF NEVADA, STATE OF NORTH DAKOTA, STATE OF SOUTH CAROLINA, STATE OF SOUTH DAKOTA, STATE OF TEXAS, STATE OF UTAH, STATE OF WASHINGTON (Attachments: # 1 Plaintiffs Statement of Position on Motions for Leave to File Briefs as Amici Curiae) (WINSHIP, BLAINE)
November 5, 2010 Filing 83 NOTICE Errata re Exhibits in support of 82 Defendants' Motion for Summary Judgment by TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY (Attachments: # 1 Table of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37, # 39 Exhibit 38, # 40 Exhibit 39, # 41 Exhibit 40, # 42 Exhibit 41, # 43 Exhibit 42, # 44 Exhibit 43) (BECKENHAUER, ERIC)
November 5, 2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed - Re: 84 MOTION for Intervention in the Herein Case. (laj)
November 4, 2010 Filing 82 MOTION for Summary Judgment by TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Internal deadline for referral to judge if response not filed earlier: 11/22/2010). (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts) (BECKENHAUER, ERIC)
November 4, 2010 Filing 81 ANSWER to Complaint 42 Amended Complaint by TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (BECKENHAUER, ERIC)
November 4, 2010 Filing 80 MOTION for Summary Judgment by PLAINTIFF STATES. (Internal deadline for referral to judge if response not filed earlier: 11/22/2010). (Attachments: # 1 Memorandum of Law, # 2 Statement of Material Facts, # 3 Exhibits Volume I, # 4 Exhibits Volume II, # 5 Exhibits Volume III, # 6 Exhibits Volume IV) (tdg) (Additional attachment(s) added on 11/4/2010: # 7 Exhibits Volume V.1 (35, 36), # 8 Exhibits Volume V.2 (37,38), # 9 Exhibits Volume V.3 (39,40)) (tdg).
November 1, 2010 Filing 84 MOTION for Intervention in the Herein Case - Attachments: # 1 Exhibit A, # 2 Exhibit B1, # 3 Exhibit B2, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E. (laj)
October 14, 2010 Opinion or Order Filing 79 ORDER AND MEMORANDUM OPINION - The Dfts' 55 Motion to Dismiss is GRANTED w/respect to Counts Two, Five, and Six, and those counts are hereby DISMISSED. The Motion is DENIED w/respect to Counts One and Four, Count Three is also DISMISSED, as Moot. The case will continue as to Counts One and Four pursuant to the Scheduling Order previously entered. Signed by SENIOR JUDGE ROGER VINSON on 10/14/2010. (laj)
October 13, 2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed - Re: 78 Notice of Supplemental Authority. (laj)
October 8, 2010 Filing 78 NOTICE of Supplemental Authority by TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY (Attachments: # 1 Exhibit Thomas More Law Center v. Obama, No. 10-CV-11156 (E.D. Mich. Oct. 7, 2010)) (BECKENHAUER, ERIC)
September 21, 2010 Filing 77 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion to Dismiss Proceedings held on September 14, 2010, before Judge Roger Vinson. Court Reporter/Transcriber Donna L. Boland, Telephone number 850.470.8189. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/28/2010. Release of Transcript Restriction set for 12/27/2010. (dlb)
September 15, 2010 Filing 76 AMENDED FINAL SCHEDULING ORDER - Re: 26 Order - A) I will enter my written Order on the Dfts' 55 Motion to Dismiss on or before 10/14/2010. Assuming the case survives dismissal in whole or in part, the parties have until 11/4/2010 in which to move for summary judgment (and the Dfts may file their answer at the same time); the opposing party will have until 11/23/2010 to respond; and the moving party will have until 12/6/2010 to file any Reply. B) As provided in the original Final Scheduling Order, the briefing with regard to the motions discussed above will be limited to (50) pages for the initial and responsive briefs, and (25) pages for reply briefs. C) Hearing and oral argument on the motion(s) for summary judgment will held on Thursday, 12/16/2010 @ 9:00 AM (CST). Both sides will be allowed (1) hour for argument. Signed by SENIOR JUDGE ROGER VINSON on 9/15/2010. (laj)
September 14, 2010 Filing 75 Minute Entry for proceedings held before SENIOR JUDGE ROGER VINSON:Oral Argument as to Defendants' 55 MOTION to Dismiss held on 9/14/2010. (Court Reporter Donna Boland.) (Attachments: # 1 Plaintiffs' Exhibit 1) (jmd)
August 30, 2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed - Re: 74 Reply to 68 Response to 55 Motion to Dismiss. (laj)
August 27, 2010 Filing 74 REPLY to Response to Motion re 55 MOTION to Dismiss filed by TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (KENNEDY, BRIAN)
August 27, 2010 Opinion or Order Filing 73 ORDER of Deficiency - MOTION TO ORDER CORRECTION OF CONSTITUTIONAL DEFICIENCIES (received 8/24/2010), shall be returned without electronic filing. Signed by SENIOR JUDGE ROGER VINSON on 8/27/2010. (djb)
August 16, 2010 Filing 72 (Deficiency) ORDER - The submitted hard copy of the document shall be returned to you by Clerk w/o electronic filing. Signed by SENIOR JUDGE ROGER VINSON on 8/16/2010. (laj)
August 16, 2010 Filing 71 NOTICE of Appearance by CARLOS RAMOS-MROSOVSKY on behalf of KAJ AHLBURG, MARY BROWN, NATIONAL FEDERATION OF INDEPENDENT BUSINESS (RAMOS-MROSOVSKY, CARLOS)
August 10, 2010 Opinion or Order Filing 70 ORDER - Pro se litigant Gary P. Salamone's 69 Motion to Correct Obvious Error in Court Record. Signed by SENIOR JUDGE ROGER VINSON on 8/10/2010. **Copy of Order mailed to pro se litigant Gary P. Salomone. (laj)
August 10, 2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed - Re: 69 MOTION to Correct Obvious Error in Court Record. (laj)
August 9, 2010 Filing 69 MOTION to Correct Obvious Error in Court Record by pro se litigant Gary P. Salamone. (laj)
August 6, 2010 Filing 68 RESPONSE in Opposition re 55 MOTION to Dismiss filed by STATE OF FLORIDA, et al (all plaintiffs) . (WINSHIP, BLAINE) **Modified on 8/6/2010 to create linkage for filers. (laj).
August 3, 2010 Opinion or Order Filing 66 ORDER - DENYING Pet Ray E. Parker's 65 Motion to File Amicus Curiae Brief in Support of Plas' Opposition to Dfts' Motion to Dismiss. See doc. 50. Signed by SENIOR JUDGE ROGER VINSON on 8/3/2010. **Copy mailed to Ray E. Parker. (laj)
August 2, 2010 Filing 65 MOTION to File Amicus Curiae Brief in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss by Ray Elbert Parker, (pro se litigant). (laj)
August 2, 2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed - Re: 65 MOTION to File Amicus Curiae Brief in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss. (laj)
July 1, 2010 Opinion or Order Filing 64 ORDER - Re: 63 Pro Se MOTION by Robert P. Smith, Jr. to Reconsider the Court's Denial of Smith's FRCP 24(a) Motion to Intervene as Party Defendant; and Alternatively, Smith's Renewed 63 MOTION to Intervene. For the reasons state in prior Orders, the requested relief is Denied (see docs. 18 , 37 ). Signed by SENIOR JUDGE ROGER VINSON on 7/1/2010. (laj)
June 29, 2010 Filing 63 Pro Se MOTION by Robert P. Smith, Jr. to Reconsider the Court's 37 Denial of Smith's FRCP 24(a) (Docs. 23 , 30 ) to Interven as Party Defendant, and Alternatively, Smith's Renewed FRCP R. 24(a) MOTION to Intervene (including supporting Memorandum, N.D. Fla. Loc. R. 7.1(a)). (laj)
June 29, 2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed - Re: 63 Pro Se MOTION by Robert P. Smith, Jr. to Reconsider the Court's 37 Denial of Smith's FRCP 24(a) (Docs. 23, 30 ) to Interven as Party Defendant, and Alternatively, Smith's Renewed FRCP R. 24(a) MOTION to Intervene (including supporting Memorandum, N.D. Fla. Loc. R. 7.1(a)). (laj)
June 25, 2010 Opinion or Order Filing 62 ORDER denying 57 Motion and denying 59 Motion for Leave to File, but with leave to renew them if the case survives dismissal. Signed by SENIOR JUDGE ROGER VINSON on 6/25/10. (ijm)
June 25, 2010 Filing 61 RESPONSE to Motion re 59 MOTION for Leave to File Amicus Brief and Memorandum in Support Thereof filed by STATE OF WASHINGTON. (WINSHIP, BLAINE)
June 24, 2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed - Re: 57 MOTION for Clarification and Leave (titled as Motion for Clarification of the Court's June 14, 2010 Order and in the Alternative for Leave to Appear as Amicus Curiae and Memorandum in Support), and 60 Response in Opposition to Motion. (laj)
June 23, 2010 Filing 60 RESPONSE in Opposition re 57 MOTION clarification and leave (titled as Motion for Clarification of the Court's June 14, 2010 Order and in the Alternative for Leave to Appear as Amicus Curiae and Memorandum in Support) MOTION clarification and leave (titled as Motion for Clarification of the Court's June 14, 2010 Order and in the Alternative for Leave to Appear as Amicus Curiae and Memorandum in Support) filed by KAJ AHLBURG, MARY BROWN, COMMONWEALTH OF PENNSYLVANIA, NATIONAL FEDERATION OF INDEPENDENT BUSINESS, STATE OF ALABAMA, STATE OF ALASKA, STATE OF ARIZONA, STATE OF COLORADO, STATE OF FLORIDA, STATE OF GEORGIA, STATE OF IDAHO, STATE OF INDIANA, STATE OF LOUISIANA, STATE OF MICHIGAN, STATE OF MISSISSIPPI, STATE OF NEBRASKA, STATE OF NEVADA, STATE OF NORTH DAKOTA, STATE OF SOUTH CAROLINA, STATE OF SOUTH DAKOTA, STATE OF TEXAS, STATE OF UTAH, STATE OF WASHINGTON. (WINSHIP, BLAINE)
June 23, 2010 Filing 59 MOTION for Leave to File Amicus Brief and Memorandum in Support Thereof by GOVERNORS OF COLORADO, MICHIGAN, PENNSYLVANIA AND WASHINGTON. (BARAUSKAS, ALEKSAS)
June 23, 2010 Filing 58 RULE 7.1(B) CONFERENCE STATEMENT re 57 MOTION clarification and leave (titled as Motion for Clarification of the Court's June 14, 2010 Order and in the Alternative for Leave to Appear as Amicus Curiae and Memorandum in Support) MOTION clarification and leave (titled as Motion for Clarification of the Court's June 14, 2010 Order and in the Alternative for Leave to Appear as Amicus Curiae and Memorandum in Support) by States of Oregon, Iowa and Vermont. (DUBANEVICH, KEITH)
June 23, 2010 Filing 57 MOTION clarification and leave (titled as Motion for Clarification of the Court's June 14, 2010 Order and in the Alternative for Leave to Appear as Amicus Curiae and Memorandum in Support) by States of Oregon, Iowa and Vermont. (DUBANEVICH, KEITH)
June 17, 2010 Filing 56 NOTICE Errata by TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY re 55 MOTION to Dismiss (Attachments: # 1 Memorandum in Support of 55 Defendants' Motion to Dismiss) (BECKENHAUER, ERIC)
June 16, 2010 Filing 55 MOTION to Dismiss by TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Internal deadline for referral to judge if response not filed earlier: 7/6/2010). (Attachments: # 1 Memorandum in Support) (BECKENHAUER, ERIC)
June 15, 2010 Filing 54 (Deficiency) ORDER - The submitted hard copy of the document shall be returned to you by the Clerk without electronic filing. Signed by SENIOR JUDGE ROGER VINSON on 6/15/2010. **Copy of Order and deficient document sent to Paul Andrew Mitchell. (laj)
June 15, 2010 Opinion or Order Filing 53 ORDER - Denying Gary P. Salamone's 52 Motion to Intervene by Right. For the reasons stated in prior orders, the requested relief is Denied (see docs. 18, 37). Signed by SENIOR JUDGE ROGER VINSON on 6/15/2010. **Copies of this order and prior orders sent to Gary P. Salamone. (laj)
June 15, 2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed - Re: 52 MOTION to Intervene By Right (Gary P. Salamone). (laj)
June 14, 2010 Filing 52 MOTION to Intervene by Right filed by Gary P. Salamone. (laj)
June 14, 2010 Opinion or Order Filing 51 ORDER - Granting Dfts' 49 Motion for Leave to File Excess Pages - Re: [Motion to Dismiss). Signed by SENIOR JUDGE ROGER VINSON on 6/14/2010. (laj)
June 14, 2010 Opinion or Order Filing 50 ORDER ON AMICUS CURIAE FILINGS - (see Order image) - Signed by SENIOR JUDGE ROGER VINSON on 6/14/2010. (laj)
June 14, 2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed - Re: 49 Consent MOTION for Leave to File Excess Pages. (laj)
June 11, 2010 Filing 49 Consent MOTION for Leave to File Excess Pages by TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Text of Proposed Order) (BECKENHAUER, ERIC)
June 1, 2010 Filing 48 NOTICE of Appearance by DAVID BORIS RIVKIN, JR on behalf of KAJ AHLBURG, MARY BROWN, COMMONWEALTH OF PENNSYLVANIA, NATIONAL FEDERATION OF INDEPENDENT BUSINESS, STATE OF ALABAMA, STATE OF ALASKA, STATE OF ARIZONA, STATE OF COLORADO, STATE OF FLORIDA, STATE OF GEORGIA, STATE OF IDAHO, STATE OF INDIANA, STATE OF LOUISIANA, STATE OF MICHIGAN, STATE OF MISSISSIPPI, STATE OF NEBRASKA, STATE OF NEVADA, STATE OF NORTH DAKOTA, STATE OF SOUTH CAROLINA, STATE OF SOUTH DAKOTA, STATE OF TEXAS, STATE OF UTAH, STATE OF WASHINGTON (RIVKIN, DAVID)
June 1, 2010 Filing 47 NOTICE of Appearance by DAVID BORIS RIVKIN, JR on behalf of KAJ AHLBURG, MARY BROWN, COMMONWEALTH OF PENNSYLVANIA, NATIONAL FEDERATION OF INDEPENDENT BUSINESS, STATE OF ALABAMA, STATE OF ALASKA, STATE OF ARIZONA, STATE OF COLORADO, STATE OF FLORIDA, STATE OF GEORGIA, STATE OF IDAHO, STATE OF INDIANA, STATE OF LOUISIANA, STATE OF MICHIGAN, STATE OF MISSISSIPPI, STATE OF NEBRASKA, STATE OF NEVADA, STATE OF NORTH DAKOTA, STATE OF SOUTH CAROLINA, STATE OF SOUTH DAKOTA, STATE OF TEXAS, STATE OF UTAH, STATE OF WASHINGTON (RIVKIN, DAVID)
May 28, 2010 Opinion or Order Filing 46 ORDER Dfts' 43 Motion for Extension of Time. Signed by SENIOR JUDGE ROGER VINSON on 5/28/2010. (laj)
May 28, 2010 Filing 45 (Deficiency) ORDER - The submitted hard copy of the document shall be returned to you by the Clerk without electronic filing. Signed by SENIOR JUDGE ROGER VINSON on 5/28/2010. (laj)
May 26, 2010 Filing 44 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Rule 16 Hearing (46 pgs) held on April 14, 2010, before Judge Roger Vinson. Court Reporter/Transcriber Donna L. Boland, Telephone number 850.470.8189. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/2/2010. Release of Transcript Restriction set for 8/31/2010. (dlb)
May 26, 2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed - Re: Proposed Deficiency Order (Gary P. Salamone's Change of Address, received 5/21/2010). (laj)
May 25, 2010 Filing 43 MOTION to Extend Time to Respond to Amended Complaint by TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Exhibit A - Transcript of Sched. Hrg. (Apr. 14, 2010), # 2 Proposed Order) (BECKENHAUER, ERIC) Modified on 5/26/2010 - transcript access restricted pursuant to privacy policies during the redaction review period, see 44 for official transcript (tdg).
May 14, 2010 Filing 42 First AMENDED COMPLAINT by and through Sonny Perdue, Governor of the State of Georgia, State of Alaska, by and through Daniel S. Sullivan, Attorney General of the State of Alaska, National Federation of Independent Business, a California Nonprofit Mutual Benefit Corporation, State of Nevada, by and through Jim Gibbons, Governor of the State of Nevada, State of North Dakota, by and through Wayne Stenejhem, Attorney General of the State of North Dakota, State of Indiana, by and through Gregory F. Zoeller, Attorney General, State of Mississippi, by and through Haley Barbour, Governor of the State of Mississippi, Kaj Ahlburg, State of Arizona, by and through Janice K. Brewer, Governor of the State of Arizona, Mary Brown, filed by STATE OF WASHINGTON, STATE OF ALABAMA, STATE OF SOUTH CAROLINA, STATE OF FLORIDA, STATE OF SOUTH DAKOTA, STATE OF LOUISIANA, STATE OF NEBRASKA, STATE OF COLORADO, STATE OF IDAHO, STATE OF MICHIGAN, STATE OF TEXAS, COMMONWEALTH OF PENNSYLVANIA, STATE OF UTAH (WINSHIP, BLAINE) Modified on 5/14/2010 to clean up text (djb).
May 13, 2010 Filing 41 SUMMONS Returned Executed by STATE OF WASHINGTON, STATE OF ALABAMA, STATE OF SOUTH CAROLINA, STATE OF FLORIDA, STATE OF SOUTH DAKOTA, STATE OF LOUISIANA, STATE OF NEBRASKA, STATE OF COLORADO, STATE OF IDAHO, STATE OF MICHIGAN, STATE OF TEXAS, COMMONWEALTH OF PENNSYLVANIA, STATE OF UTAH. TIMOTHY F GEITHNER served on 4/12/2010, answer due 5/3/2010; KATHLEEN SEBELIUS served on 3/29/2010, answer due 4/19/2010; HILDA L SOLIS served on 3/29/2010, answer due 5/3/2010; UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 3/29/2010, answer due 5/3/2010; UNITED STATES DEPARTMENT OF LABOR served on 4/2/2010, answer due 5/3/2010; UNITED STATES DEPARTMENT OF THE TREASURY served on 4/12/2010, answer due 5/3/2010. (Attachments: # 1 Exhibit "A" Return of Service of HHS and H. Solis, # 2 Exhibit "B" Return of Service of Treasury and T. Geithner, # 3 Exhibit "C" Return of Service of Labor and H. Solis, # 4 Exhibit "D" return of Service of Attorney General E. Holder) (WINSHIP, BLAINE)
May 12, 2010 Filing 40 NOTICE of Appearance by WILLIAM JAMES COBB, III on behalf of STATE OF TEXAS (COBB, WILLIAM)
April 30, 2010 Opinion or Order Filing 39 ORDER - Denying 38 MOTION of Proposed Intervenor Steve Schonberg for Partial Admission to the CM/ECF system. Signed by SENIOR JUDGE ROGER VINSON on 4/30/2010. (laj)
April 29, 2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed - Re: 38 MOTION to Intervene. (laj)
April 26, 2010 Filing 38 MOTION of Proposed Intervenor Steve Schonberg for Partial Admission to the Court's CM/ECF System. (laj)
April 23, 2010 Opinion or Order Filing 37 ORDER ON MOTIONS TO INTERVENE - 1) Orly Taitz's 27 Motion for Reconsideration or Certification of Interlocutory Appeal is Denied. 2) The Motions to Intervene filed by Gary P. Salamone (doc. 20 ), Robert P. Smith, Jr. (doc. 23 ), Steve Schonberg (docs. 21 , 36 ), and Stephan P. Wallace (doc. 34 ) are also Denied. The court has now considered six separate Motions to Intervene in this case. In order to save time and conserve judicial resources, any and all future Motions to Intervene that do not satisfy the legal standard set forth above and in my previous Order (doc. 18 ) will be summarily denied. Signed by SENIOR JUDGE ROGER VINSON on 4/23/2010. (laj)
April 22, 2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed - Re: 34 MOTION to Intervene, 35 Notice of Correction of Errata, and 36 MOTION to Intervene. (laj)
April 20, 2010 Filing 36 Revised MOTION of Proposed Intervenor Steve Schonberg to Intervene As A Plaintiff. (laj)
April 20, 2010 Filing 35 NOTICE of Correction of Errata by Stephan P. Wallace (Private Attorney General) - Re: 34 MOTION to Intervene. (laj)
April 20, 2010 Filing 33 NOTICE of Appearance by ERIC B BECKENHAUER on behalf of TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY (BECKENHAUER, ERIC)
April 20, 2010 Filing 32 NOTICE of Appearance by BRIAN G KENNEDY on behalf of TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY (KENNEDY, BRIAN)
April 16, 2010 Filing 30 Pro Se Movant Intervenor Robert P. Smith's Supplemental MEMORANDUM of Law Supporting 23 MOTION to Intervene. (laj)
April 16, 2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed - Re: 30 Memorandum in Support. Also referred a Proposed Deficiency Order (Entry of Appearance from Stephan P. Wallace, received 4/15/10). (laj)
April 15, 2010 Filing 34 MOTION to Intervene (titled Entry of Appearance for the People of the State of Oklahoma by Private Attorney General, Stephen P. Wallace). (laj)
April 15, 2010 Opinion or Order Filing 29 ORDER - Denying 28 Pro Se Motion of Proposed Intervenor Steve Schonberg for Admission to the Court's CM/ECF System. Access to the CM/ECF System requires a PACER account with proper registration and fee payment. Only admitted attorneys can file electronically. Signed by SENIOR JUDGE ROGER VINSON on 4/15/2010. (laj)
April 15, 2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed - Re: 27 Notice and MOTION for Reconsideration re 18 Order on Motion to Intervene. (laj)
April 14, 2010 Filing 27 Redacted Notice and MOTION for Reconsideration or MOTION (titled Request) for Certification for Interlocutory Appeal - Re: 18 Order. (laj) Modified on 4/23/2010 (jrm).
April 14, 2010 Filing 26 FINAL SCHEDULING ORDER re 24 Scheduling Conference. Plaintiff's date for filing an amended complaint: 5/14/10. Defendants' date for filing a motion to dismiss: 6/16/10. Plaintiffs' date for filing a brief in opposition to motion to dismiss: 8/6/10. Defendants' date for filing a reply to Plaintiffs' opposition brief: 8/27/10. Oral argument on Defendants' motion to dismiss: 9/14/10 at 9:00 AM. Discovery deadline: 9/14/10. Signed by SENIOR JUDGE ROGER VINSON on 4/14/10. (tdg)
April 14, 2010 Filing 25 NOTICE of Appearance by KATHERINE JEAN SPOHN on behalf of STATE OF NEBRASKA (SPOHN, KATHERINE)
April 14, 2010 Filing 24 Minute Entry for proceedings held before SENIOR JUDGE ROGER VINSON: Scheduling Conference held on 4/14/2010. Scheduling Order to be entered. (Court Reporter Donna Boland.) (jrm)
April 14, 2010 Filing 23 Pro Se Rule 24 MOTION to Intervene As Party Defendant by Robert P. Smith, Jr. (with Supporting Memorandum, ND Fla. R7.1(a). (laj) (Additional attachment(s) added on 6/23/2010: # 1 Pro Se Movant Intervenor Smith's Tendered Answer to the Complaint) (tdg).
April 14, 2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed - Re: 23 MOTION to Intervene. (laj)
April 13, 2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed - Re: 20 MOTION to Intervene, and 21 MOTION to Intervene. Also referred Proposed Deficiency Order (Motion for Admisison to CM/ECF System, received 4/12/10). (laj)
April 12, 2010 Filing 28 (Amended) MOTION of Proposed Intervenor Steve Schonberg for Admission to the Court's CM/ECF System. (laj)
April 12, 2010 Filing 21 MOTION of Proposed Intevenor Steve Schonberg to Intervene As A Plaintiff. (laj)
April 12, 2010 Filing 20 MOTION to Intervene (titled Ex Parte Uninsured Individual Taxpayer Salamone Petition) filed by pro se litigant Gary Paul Salamone. (laj)
April 8, 2010 Opinion or Order Filing 18 ORDER - Denying Dr. Orly Taitz's (in pro se) 17 Motion to Intervene. Signed by SENIOR JUDGE ROGER VINSON on 2/8/2010. (laj)
April 7, 2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed - Re: 17 Notice and MOTION to Intervene. (laj)
April 6, 2010 Filing 17 Notice and MOTION to Intervene by Dr. Orly Taitz, Esq. (in Pro Se) - Attachments not scanned. (laj)
April 5, 2010 Filing 15 MOTION of Proposed Intervenor Steve Schonberg for Admission to the Court's CM/ECF System - pursuant to 14 Order. (laj)
April 5, 2010 Filing 14 (Deficiency) ORDER - 1) The document shall remain in the electronic file, but the Court will not consider it until you have corrected the deficiencies through the filing of a corrected document. The document is Denied without prejudice, with leave given to refile after correction. 2) The submitted hard copy of the document shall be returned to you by the Clerk. Signed by SENIOR JUDGE ROGER VINSON on 4/5/2010. (laj)
April 5, 2010 Filing 11 NOTICE (titled First Supplement to Proof of Service) by pro se litigant Paul Andrew Mitchell - pursuant to 9 Order. (laj)
April 5, 2010 Filing 10 NOTICE of Intent to Apply for Leave to Intervene by pro se litigant Paul Andrew Mitchell - filed pursuant to 8 Order. (laj)
April 5, 2010 Filing 9 (Deficiency) ORDER - 1) The document shall remain in the electronic file, but the Court will not consider it until you have corrected the deficiencies through the filing of a corrected document. 2) The submitted hard copy of the document shall be returned to you by the Clerk without electronic filing. It may be resubmitted after the deficiencies are corrected. Signed by SENIOR JUDGE ROGER VINSON on 4/5/2010. (laj)
April 5, 2010 Filing 8 (Deficiency) ORDER - 1) The document shall remain in the electronic file, but the Court will not consider it until you have corrected the deficiencies through the filing of a corrected document. The document is Denied without prejudice, with leave given to refile after correction. 2) The submitted hard copy of the document shall be returned to you by the Clerk without electronic filing. It may be resubmitted after the deficiencies are corrected. Signed by SENIOR JUDGE ROGER VINSON on 4/5/2010. (laj)
April 5, 2010 Filing 7 (Deficiency) ORDER - The submitted hard copy of the document shall be returned to you by the Clerk without electronic filing. It may be resubmitted after the deficiencies are corrected. Signed by SENIOR JUDGE ROGER VINSON on 4/5/2010. (laj)
April 5, 2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed - Re: (4) Proposed Deficiency Orders received from pro se litigants S. Schonberg and P. Mitchell). (laj)
March 30, 2010 Filing 6 (Deficiency) ORDER - The submitted hard copy of the document shall be returned to you by the Clerk without electronic filing. It may be resubmitted after the deficiencies are corrected. Signed by SENIOR JUDGE ROGER VINSON on 3/30/2010. (laj)
March 29, 2010 Filing 4 NOTICE OF HEARING. Rule 16 Scheduling Conference set for 4/14/2010 09:00 AM in U.S. Courthouse Pensacola before SENIOR JUDGE ROGER VINSON. (lcu)
March 24, 2010 Filing 3 Summons Issued as to TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY, U.S. Attorney and U.S. Attorney General. (krb)
March 23, 2010 Filing 2 CIVIL COVER SHEET. (WINSHIP, BLAINE)
March 23, 2010 Filing 1 COMPLAINT against TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY filed by STATE OF FLORIDA - Filing Fee $350, Receipt Number: 1129-1533627) (WINSHIP, BLAINE) **Modified on 3/23/2010 to correct "docket text" (laj).

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Plaintiff: STATE OF FLORIDA, by and through BILL MCCOLLUM
Represented By: BLAINE H WINSHIP
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Plaintiff: STATE OF SOUTH CAROLINA, by and through HENRY McMASTER, ATTORNEY GENERAL
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Plaintiff: STATE OF NEBRASKA, by and through JON BRUNING, ATTORNEY GENERAL
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Plaintiff: STATE OF TEXAS, by and through GREG ABBOTT, ATTORNEY GENERAL
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Plaintiff: STATE OF UTAH, by and through MARK L. SHURTLEFF, ATTORNEY GENERAL
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Plaintiff: STATE OF LOUISIANA, by and through JAMES D. BUDDY CALDWELL, ATTORNEY GENERAL
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Plaintiff: STATE OF ALABAMA, by and through TROY KING, ATTORNEY GENERAL
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Plaintiff: STATE OF MICHIGAN, by and through MICHAEL A. COX, ATTORNEY GENERAL
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Plaintiff: STATE OF COLORADO, by and through JOHN W. SUTHERS, ATTORNEY GENERAL
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Plaintiff: COMMONWEALTH OF PENNSYLVANIA, by and through THOMAS W. CORBETT, JR., ATTORNEY GENERAL
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Plaintiff: STATE OF WASHINGTON, by and through ROBERT M. McKENNA, ATTORNEY GENERAL
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Plaintiff: STATE OF IDAHO, by and through LAWRENCE G. WASDEN, ATTORNEY GENERAL
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Plaintiff: STATE OF SOUTH DAKOTA, by and through MARTY J. JACKLEY, ATTORNEY GENERAL
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Defendant: UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
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Defendant: KATHLEEN SEBELIUS, in her official capacity as THE SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
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Defendant: UNITED STATES DEPARTMENT OF THE TREASURY
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Defendant: TIMOTHY F. GEITHNER, in his official capacity as the Secretary of THE UNITED STATES DEPARTMENT OF THE TREASURY
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Defendant: UNITED STATES DEPARTMENT OF LABOR
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Defendant: HILDA L. SOLIS, in her official capacity as THE SECRETARY OF THE UNITED STATES DEPARTMENT OF LABOR
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