State of Florida v. Department of Health and Human Services, et al
| STATE OF FLORIDA |
| DEPARTMENT OF HEALTH AND HUMAN SERVICES, XAVIER BECERRA, SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES OF AMERICA, CENTERS FOR MEDICARE AND MEDICAID SERVICES, CHIQUITA BROOKS-LASURE and ADMINISTRATOR FOR THE CENTERS FOR MEDICARE AND MEDICAID SERVICES |
| 21-14098 |
| November 24, 2021 |
| U.S. Court of Appeals, Eleventh Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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 State of Florida v. Department of Health and Human Services
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Docket Report
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This docket was last retrieved on January 21, 2022. A more recent docket listing may be available from PACER.
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MOTION to voluntarily dismiss appeal filed by State of Florida. Motion is Unopposed. [9580394-1] [21-14098] (ECF: David Costello) [Entered: 01/21/2022 03:25 PM]
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ORDER: Motion for initial hearing en banc filed by Appellant State of Florida is DENIED. ENTERED FOR THE COURT - BY DIRECTION. [ # 9555173-2 ] (See attached order for complete text) --[Edited 01/11/2022 by LT]--[Edited 01/11/2022 by LT] [Entered: 01/11/2022 02:18 PM]
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Over the phone extension granted by clerk as to Attorney David M. Costello for Appellant State of Florida. Appellants brief due on 02/02/2022, with the appendix due seven days from the filing of the brief. Any request for a second or subsequent extension of time shall be subject to 11th Cir. R. 31-2(d). [Entered: 01/03/2022 08:33 AM]
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Supplemental Authority filed by Appellant State of Florida. [21-14098] (ECF: David Costello) [Entered: 12/29/2021 04:34 PM]
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Notice to Counsel of Record. Counsel of Record must be logged in to CM/ECF and Pacer to access this document. This is the only notice you will receive regarding this matter. Please print a copy for your file. [Entered: 12/27/2021 02:06 PM]
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TIME SENSITIVE MOTION for initial hearing en banc filed by State of Florida. Opposition to Motion is Unknown. [9555173-1] [21-14098] (ECF: Henry Whitaker) [Entered: 12/16/2021 12:42 AM]
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Supplemental Authority filed by Appellant State of Florida. [21-14098] (ECF: David Costello) [Entered: 12/16/2021 01:48 PM]
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Civil Appeal Statement filed by Attorney David M. Costello for Appellant State of Florida. [Entered: 12/13/2021 10:23 AM]
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ORDER: Motion for Leave to File Civil Appeal Statement Out of Time filed by Appellant State of Florida is GRANTED by clerk. [ # 9550405-2 ] [Entered: 12/13/2021 10:21 AM]
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Florida Attorney General Service for Appellant State of Florida and Henry Charles Whitaker for Appellant State of Florida has been notified that upon expiration of fourteen (14) days from this date, this appeal will be dismissed by the clerk without further notice unless the required Motion for leave to Civil Appeal Statement out of time with the complete civil appeal statement attached to the motion as an exhibit is filed. [Entered: 12/09/2021 12:21 PM]
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MOTION for leave to file Civil Appeal Statement out of time filed by State of Florida. Motion is Unopposed. [9550405-1] [21-14098] (ECF: David Costello) [Entered: 12/09/2021 04:37 PM]
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ORDER: **CORRECTED...This case was presented to us on Floridas Time-Sensitive Motion for Injunction Pending Appeal. After careful review, we denied the motion yesterday. Because of the time constraints involved, though we denied the motion yesterday, the attached opinion explains the reasons for our ruling as of the time that we denied the motion yesterday... [ # 9541567-2 ] RSR, JP and BL; Lagoa dissenting. (See attached order for complete text) --[Edited 12/06/2021 by AGW] [Entered: 12/06/2021 02:17 PM]
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ORDER Appellants Time-Sensitive Motion for Injunction Pending Appeal" is DENIED, as Appellant failed to make the requisite showing for an injunction pending appeal. See Nken v. Holder, 445 U.S. 418, 434 (2009). Judge Lagoa would grant the motion and dissents. Opinions will follow. [ # 9541567-2 ] RSR, JP and BL (See attached order for complete text) [Entered: 12/05/2021 01:12 PM]
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| Reply to response filed by Appellant State of Florida. [21-14098] (ECF: David Costello) [Entered: 12/03/2021 09:03 PM] |
| RESPONSE to Motion filed by Appellant State of Florida [ # 9541567-2 ] filed by Attorney Laura Myron for Appellees Administrator for the Centers for Medicare and Medicaid Services, Centers For Medicare And Medicaid Services, Department of Health and Human Services, Secretary, Department of Health and Human Services and USA. [21-14098] (ECF: Laura Myron) [Entered: 12/03/2021 09:42 AM] |
| Public Communication: The court requests that the Appellees file a response to the motion for an injunction pending appeal by tomorrow, Friday, December 3, 2021 no later than Noon (12:00pm). [Entered: 12/02/2021 10:46 AM] |
| TRANSCRIPT INFORMATION FORM SUBMITTED by Attorney David M. Costello for Appellant State of Florida. No hearings. [21-14098] (ECF: David Costello) [Entered: 12/01/2021 12:05 PM] |
| Supplemental Authority filed by Appellant State of Florida. [21-14098] (ECF: David Costello) [Entered: 12/01/2021 10:47 AM] |
| USDC ORDER IN AID OF THE APPEAL as to Appellant State of Florida was filed on 12/01/2021. Docket Entry 18. [Entered: 12/02/2021 10:19 AM] |
| TIME SENSITIVE MOTION for injunction pending appeal filed by State of Florida. Motion is Opposed. [9541567-1] [21-14098] (ECF: David Costello) [Entered: 11/29/2021 09:53 PM] |
| APPEARANCE of Counsel Form filed by Henry Charles Whitaker for State of Florida. [21-14098] (ECF: Henry Whitaker) [Entered: 11/29/2021 11:26 AM] |
| APPEARANCE of Counsel Form filed by Laura E. Myron for U.S. Department of Health & Human Services; Xavier Becerra; United States of America; Centers for Medicare & Medicaid Services; Chiquita Brooks-Lasure [21-14098] (ECF: Laura Myron) [Entered: 11/25/2021 07:44 PM] |
| APPEARANCE of Counsel Form filed by Alisa B. Klein for appellees Department of Health and Human Services, Secretary Becerra, United States, CMS, CMS Administrator Brooks-Lasure [21-14098] (ECF: Alisa Klein) [Entered: 11/26/2021 11:55 AM] |
| Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney David M. Costello for Appellant State of Florida. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [21-14098] (ECF: David Costello) [Entered: 11/26/2021 07:21 PM] |
| APPEARANCE of Counsel Form filed by David M. Costello for State of Florida. [21-14098] (ECF: David Costello) [Entered: 11/24/2021 05:15 PM] |
| CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellant State of Florida on 11/24/2021. Fee Status: Fee Paid. No hearings to be transcribed. The appellant's brief is due on or before 01/03/2022. The appendix is due no later than 7 days from the filing of the appellant's brief. Awaiting Appellant's Certificate of Interested Persons due on or before 12/08/2021 as to Appellant State of Florida. Awaiting Appellee's Certificate of Interested Persons due on or before 12/22/2021 as to Appellee Xavier Becerra [Entered: 11/24/2021 04:13 PM] |
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