State of Florida v. Becerra et al
| State of Florida |
| Xavier Becerra, Health and Human Services, Rochelle Walensky, United States of America and Centers for Disease Control and Prevention |
| State of Alaska |
| Anthony E. Porcelli and Joseph H. Varner |
| American Society of Travel Advisors and Marc S. Young |
| State of Texas |
| 8:2021cv00839 |
| April 8, 2021 |
| US District Court for the Middle District of Florida |
| Steven D Merryday |
| Amanda Arnold Sansone |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 0702 |
| None |
Docket Report
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This docket was last retrieved on July 29, 2021. A more recent docket listing may be available from PACER.
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Filing 71
NOTICE of hearing scheduled for 6/10/2021 at 10:00 AM in Tampa Courtroom 15A before Judge Steven D. Merryday. (BK)
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Filing 70
ORDER granting #67--defendants' motion to submit a supplemental memorandum; permitting the defendants to submit by noon on 6/7/2021 a supplemental memorandum of five or fewer pages addressing only those issues specified in the motion; permitting the plaintiff to respond by 6/9/2021 in five or fewer pages; scheduling a hearing for 10:00 a.m. on 6/10/2021 in Courtroom 15A; requiring the attendance of at least lawyers Percival, Hilborn and Powell. Signed by Judge Steven D. Merryday on 6/4/2021. (BK)
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Filing 69
RESPONSE to Motion re #67 MOTION for Miscellaneous Relief, specifically Leave to File Short Supplemental Brief and Declaration in opposition to PI motion filed by State of Florida. (Percival, James)
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Filing 68
MOTION to Intervene State of Alaska's Amended Motion to Intervene by State of Alaska. (Attachments: #1 Complaint for Declaratory Judgment)(Harrison, Lael)
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Filing 67
MOTION for Miscellaneous Relief, specifically Leave to File Short Supplemental Brief and Declaration in opposition to PI motion by All Defendants. (Powell, Amy)
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Filing 66
Minute Entry. In Person Proceedings held before Magistrate Judge Anthony E. Porcelli: SETTLEMENT CONFERENCE held on 5/27/2021. Settlement conference is continued to Tuesday, June 1, 2021. (LV)
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Filing 65
MOTION for Leave to File a Reply in Support of re #63 Motion for Leave by Marc S. Young. (MCB)
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Filing 64
MEMORANDUM in opposition re #63 Motion for Leave to File Amicus Brief / Document filed by Xavier Becerra, Centers for Disease Control and Prevention, Health and Human Services, United States of America, Rochelle Walensky. (Powell, Amy)
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Filing 63
MOTION for Leave to File Supplement Amicus Brief by Marc S. Young. (Attachments: #1 Supplemental Amicus Curiae brief, #2 Amicus Curiae Exhibits)(AG)
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Filing 62
MOTION for authorization to file electronically by Marc S. Young. (AG)
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Filing 61
ORDER granting #59--motion for an extension of time; extending through 6/2/2021 the time within which Alaska may amend #8--motion to intervene; permitting the defendants to respond to the amended motion to intervene within seven days after the amendment. Signed by Judge Steven D. Merryday on 5/21/2021. (BK)
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Filing 60
ORDER granting #55--motion to excuse from mediation representatives with full settlement authority; substituting Magistrate Judge Anthony Porcelli as mediator; mediation scheduled for 5/27/2021 at 9:00 a.m. in Courtroom 10A of the courthouse. Signed by Judge Steven D. Merryday on 5/21/2021. (BK)
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Filing 59
MOTION for Extension of Time to Amend State of Alaska's Unopposed Motion for Extension of Time to Amend Complaint and Motion to Intervene by State of Alaska. (Harrison, Lael)
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Filing 58
NOTICE of mediation conference/hearing to be held on May 27, 9:30 a.m. before Joseph H. Varner III. (Percival, James)
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Filing 57
MEMORANDUM in opposition re #26 Motion to Intervene by the State of Texas filed by Xavier Becerra, Centers for Disease Control and Prevention, Health and Human Services, United States of America, Rochelle Walensky. (Attachments: #1 Exhibit Public Comment, Rodger Rees, Port Director/CEO, Galveston Wharves, CDC-2020-0087 (Sept. 22, 2020))(Holland, Liam)
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Filing 56
REPLY to Response to Motion re #25 Amended MOTION for Preliminary Injunction filed by State of Florida. (Hilborn, Jason)
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Filing 55
Joint MOTION for Miscellaneous Relief, specifically to be excused from requirement that parties with full settlement authority attend mediation by All Defendants. (Powell, Amy) Modified text on 5/21/2021 (AG).
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Filing 54
NOTICE by American Society of Travel Advisors of Filing Amicus Curiae Brief (Stockel, Eric)
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Filing 53
ORDER granting #42--motion by ASTA to submit an amicus brief; permitting ASTA to submit an amicus brief by 5/21/2021; denying as moot #50--motion for leave to reply. Signed by Judge Steven D. Merryday on 5/18/2021. (BK)
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Filing 52
ORDER re mediation; see order for details concerning appearance at mediation. Signed by Judge Steven D. Merryday on 5/18/2021. (KR)
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Filing 51
ORDER appointing Joseph H. Varner III as mediator; designating James H. Percival as lead counsel; setting JUNE 1, 2021 as the mediation deadline; directing counsel to file a notice within two days giving the date and time of mediation. The notice of mediation is due May 20, 2021. Signed by Judge Steven D. Merryday on 5/18/2021. (KR)
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Filing 50
Unopposed MOTION for Miscellaneous Relief, specifically Leave to File Reply in Support of Motion for Leave to File Amicus Curiae Brief by American Society of Travel Advisors. (Stockel, Eric)
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Filing 49
MEMORANDUM in opposition re #42 Motion for Leave to File Amicus Brief / Document filed by Xavier Becerra, Centers for Disease Control and Prevention, Health and Human Services, United States of America, Rochelle Walensky. (Powell, Amy)
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Filing 48
NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shayna Montgomery. (SRM)
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Filing 47
TRANSCRIPT of Hearing Re Plaintiff's Motion for Preliminary Injunction held on 05/12/2021 before Judge Steven D. Merryday. Court Reporter: Shayna Montgomery (813) 301-5024 - shayna_montgomery@flmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 6/3/2021 Redacted Transcript Deadline set for 6/14/2021 Release of Transcript Restriction set for 8/11/2021. (SRM)
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Filing 46
Defendants' Exhibit List and Exhibits admitted during 5/12/2021 in-person hearing. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(KR)
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Filing 45
Plaintiff's Exhibit List and Exhibits admitted during 5/12/2021 in-person hearing. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29)(KR)
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Filing 44
MINUTE ENTRY for 5/12/2021 in-person hearing re #9--Plaintiff's Motion For Preliminary Injunction, before Judge Steven D. Merryday. Court Reporter: Shayna Montgomery (KR)
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Filing 43
ENDORSED ORDER granting #41 Motion to Appear Pro Hac Vice. Attorney Peter N. Lobasso may appear pro hac vice, subject to the requirement that counsel complete the E-Filer Registration for access to CM/ECF (https://www.flmd.uscourts.gov/webforms/e-filer-registration-form) within seven days of this order. Signed by Magistrate Judge Amanda Arnold Sansone on 5/12/2021. (BEE)
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Filing 42
MOTION for Leave to File Amicus Brief by American Society of Travel Advisors. (Attachments: #1 Exhibit Proposed Amicus Curiae Brief)(Stockel, Eric)
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Filing 41
Unopposed MOTION for Peter N. Lobasso to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18241887 for $150 by American Society of Travel Advisors. (Stockel, Eric) Motions referred to Magistrate Judge Amanda Arnold Sansone.
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Filing 40
ENDORSED ORDER denying #37 Motion to Appear Telephonically. Signed by Judge Steven D. Merryday on 5/11/2021.
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Filing 39
ENDORSED ORDER denying #38 Motion to Appear Telephonically. Signed by Judge Steven D. Merryday on 5/11/2021.
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Filing 38
MOTION for Kimberly Fuchs, Ryan Kercher, Grant Dorfman to appear telephonically at May 12, 2021 preliminary injunction hearing by State of Texas. (Fuchs, Kimberly) Motions referred to Magistrate Judge Amanda Arnold Sansone.
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Filing 37
MOTION for Lael A. Harrison to appear telephonically by State of Alaska. (Harrison, Lael) Motions referred to Magistrate Judge Amanda Arnold Sansone. Modified text on 5/10/2021 (MCB).
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Filing 36
ENDORSED ORDER: Alaska moves #35 for a stay. The motion is construed as a motion for leave to amend Alaska's motion to intervene. The motion is GRANTED. Alaska may amend the motion to intervene no later than May 21, 2021. Notwithstanding any earlier order, the defendants may respond to Alaska's motion within seven days after Alaska amends (or elects not to amend). Signed by Judge Steven D. Merryday on 5/7/2021.
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Filing 35
MOTION to Stay Motion to Stay by State of Alaska. (Alloway, Jessica)
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Filing 34
NOTICE by State of Florida OF AGREEMENT BETWEEN THE PARTIES (Patel, Anita)
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Filing 33
ENDORSED ORDER granting #27 Motion to Appear Pro Hac Vice; granting #28 Motion to Appear Pro Hac Vice. Attorneys Ryan G. Kercher and Kimberly Fuchsmay may appear pro hac vice, subject to the requirement that counsel complete the E-Filer Registration for access to CM/ECF (https://www.flmd.uscourts.gov/webforms/e-filer-registration-form) within seven days of this order. Signed by Magistrate Judge Amanda Arnold Sansone on 5/6/2021. (BEE)
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Filing 32
Exhibit List for Preliminary Injunction Hearing by Xavier Becerra, Centers for Disease Control and Prevention, Health and Human Services, United States of America, Rochelle Walensky. (Powell, Amy)
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Filing 31
MEMORANDUM in opposition re #25 Motion for Preliminary Injunction, #9 Motion for Preliminary Injunction filed by Xavier Becerra, Centers for Disease Control and Prevention, Health and Human Services, United States of America, Rochelle Walensky. (Attachments: #1 Declaration of Capt. A. Treffiletti, #2 Exhibit A - Selected Public Comments, #3 Exhibit B - April 28 Letter, #4 Exhibit C - Technical Instructions & Operations Manual, #5 Exhibit D - Application for a Conditional Sailing Certificate, #6 Exhibit E - Vaccination Statement)(Powell, Amy)
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Filing 30
Exhibit List for Preliminary Injunction Hearing by State of Florida. (Patel, Anita)
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Filing 29
Witness List by State of Florida. (Patel, Anita)
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Filing 28
MOTION for Kimberly Fuchs to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18219726 for $150 by State of Texas. (Attachments: #1 Affidavit "A" - Certificate of Good Standing - Kimberly Fuchs)(Harvey, David) Motions referred to Magistrate Judge Amanda Arnold Sansone.
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Filing 27
MOTION for Ryan G. Kercher to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18219709 for $150 by State of Texas. (Attachments: #1 Exhibit "A" - Certificate of Good Standing - Ryan G. Kercher)(Harvey, David) Motions referred to Magistrate Judge Amanda Arnold Sansone.
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Filing 26
MOTION to Intervene by State of Texas. (Attachments: #1 Exhibit "A" - Complaint in Intervention for Preliminary and Permanent Injunctive Relief)(Harvey, David)
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Filing 25
Amended MOTION for Preliminary Injunction by State of Florida. (Attachments: #1 Exhibit CLIA Study, #2 Exhibit Federal Maritime Commission Report, #3 Exhibit Cruises are Still Stuck, #4 Exhibit CDC on Hotels, #5 Exhibit CDC on Casinos, #6 Exhibit CDC on Sporting Events, #7 Exhibit Cruise Hive, #8 Exhibit CDC on Cruise Ship Travel Abroad, #9 Exhibit CLIA Press Release, #10 Exhibit Carnival Interview, #11 Exhibit CDC on Airlines, #12 Exhibit CDC April 2021 Guidance, #13 Exhibit CDC Technical Instructions_Local, #14 Exhibit CDC Technical Instructions_Crew, #15 Exhibit CDC on Fully Vaccinated, #16 Exhibit CDC on How COVID Spreads, #17 Exhibit Cruises in CDC Dock, #18 Exhibit WH Memo, #19 Exhibit Heckman Declaration, #20 Exhibit Port Everglades Report, #21 Exhibit PortMiami Report, #22 Exhibit JAXPORT Report, #23 Exhibit Port Tampa Bay Report, #24 Exhibit Port Canaveral Report, #25 Exhibit Johnston Declaration, #26 Exhibit Fitz-Patrick Declaration, #27 Exhibit Economic Impact of COVID, #28 Exhibit Cruise Industry Spars with CDC, #29 Exhibit Cruises Leaving United States, #30 Text of Proposed Order)(Patel, Anita)
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Filing 24
ORDER granting #23---motion to amend; permitting the plaintiff to submit by 5/6/2021 an amended motion for preliminary injunction "for the sole purpose of filing the corrected declaration." Signed by Judge Steven D. Merryday on 5/5/2021. (BK)
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Filing 23
Unopposed MOTION for Miscellaneous Relief, specifically LEAVE TO AMEND FLORIDA'S MOTION FOR A PRELIMINARY INJUNCTION by State of Florida. (Patel, Anita)
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Filing 22
ORDER granting #20--motion re excess pages; enlarging to forty-five pages the permitted length of defendants' response to the plaintiff's motion for a preliminary inunction; permitting the plaintiff to reply by 5/19/2021 in a paper not exceeding twenty pages. Signed by Judge Steven D. Merryday on 5/4/2021. (BK)
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Filing 21
MOTION for Leave to File Amicus Brief by Marc S. Young. (Attachments: #1 Amicus Brief, #2 Exhibits to Amicus Brief)(AG)
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Filing 20
MOTION to File Excess Pages In Opposition to Plaintiff's Motion for a Preliminary Injunction by All Defendants. (Powell, Amy)
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Filing 19
MOTION for Leave to File Amicus Brief by State of Alaska. (Attachments: #1 Amicus Curiae Brief of the State of Alaska in Support of Florida's Motion for Preliminary Injunction, #2 Certificate of Service)(Alloway, Jessica) Modified text on 5/3/2021 (AG).
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Filing 18
ORDER granting #16 Motion for Extension of Time to File Response; not later than May 7, 2021, the defendants must respond to Alaska's motion to intervene. Directing Alaska to submit an amicus brief no later than May 5, 2021. Signed by Judge Steven D. Merryday on 4/26/2021. (KR)
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Filing 17
NOTICE of compliance re #12 Notice of hearing on motion by State of Florida (Attachments: #1 Exhibit)(Percival, James)
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Filing 16
Unopposed MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Intervene by All Defendants. (Powell, Amy)
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Filing 15
ENDORSED ORDER granting #13 Motion to Appear Pro Hac Vice; granting #14 Motion to Appear Pro Hac Vice. Attorneys Lael A. Harrison and Jessica M. Alloway may appear pro hac vice, subject to the requirement that counsel complete the E-Filer Registration for access to CM/ECF (https://www.flmd.uscourts.gov/webforms/e-filer-registration-form) within seven days of this order. Signed by Magistrate Judge Amanda Arnold Sansone on 4/26/2021. (BEE)
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Filing 14
MOTION for Jessica M. Alloway to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18175984 for $150 by State of Alaska. (Attachments: #1 Alloway Certificate of Good Standing)(Wenger, Edward) Motions referred to Magistrate Judge Amanda Arnold Sansone.
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Filing 13
MOTION for Lael A. Harrison to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18175932 for $150 by State of Alaska. (Attachments: #1 Harrison Certificate of Good Standing)(Wenger, Edward) Motions referred to Magistrate Judge Amanda Arnold Sansone.
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Filing 12
ORDER and NOTICE of hearing re #9--motion for preliminary injunction scheduled for 5/12/2021 at 09:00 AM in Tampa Courtroom 15A before Judge Steven D. Merryday. (BK) Modified on 5/4/2021 (BK)
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Filing 11
REQUEST for oral argument re #9 MOTION for Preliminary Injunction by State of Florida. (Hilborn, Jason)
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Filing 10
SUPPLEMENT re #8 MOTION to Intervene by State of Alaska. (Wenger, Edward)
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Filing 9
MOTION for Preliminary Injunction by State of Florida. (Attachments: #1 Exhibit CLIA Study, #2 Exhibit Federal Maritime Commission Report, #3 Exhibit Cruises are Still Stuck, #4 Exhibit CDC on Hotels, #5 Exhibit CDC on Casinos, #6 Exhibit CDC on Sporting Events, #7 Exhibit Cruise Hive, #8 Exhibit CDC on Cruise Ship Travel Abroad, #9 Exhibit CLIA Press Release, #10 Exhibit Carnival Interview, #11 Exhibit CDC on Airlines, #12 Exhibit CDC April 2021 Guidance, #13 Exhibit CDC Technical Instructions_Local, #14 Exhibit CDC Technical Instructions_Crew, #15 Exhibit CDC on Fully Vaccinated, #16 Exhibit CDC on How COVID Spreads, #17 Exhibit Cruises in CDC Dock, #18 Exhibit WH Memo, #19 Exhibit Heckman Declaration, #20 Exhibit Port Everglades Report, #21 Exhibit PortMiami Report, #22 Exhibit JAXPORT Report, #23 Exhibit Port Tampa Bay Report, #24 Exhibit Port Canaveral Report, #25 Exhibit Johnston Declaration, #26 Exhibit Fitz-Patrick Declaration, #27 Exhibit Economic Impact of COVID, #28 Exhibit Cruise Industry Spars with CDC, #29 Exhibit Cruises Leaving United States, #30 Text of Proposed Order)(Hilborn, Jason)
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Filing 8
MOTION to Intervene by State of Alaska. (Attachments: #1 Exhibit 1- Federal Maritime Commission Report, #2 Exhibit 2- Impacts to Alaska Report, #3 Exhibit 3- State of Alaska's Complaint)(Wenger, Edward)
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Filing 7
NOTICE by State of Florida re #1 Complaint, #3 Summons issued as to USA Proof of Service (Attachments: #1 Exhibit A. Proof of Service, #2 Exhibit B. Additional Proof of Service)(Percival, James)
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REFUND for duplicate payment. Receipt number AFLMDC-18108083 refunded in the amount of $ $402.00 paid to Jenna Hodges.. (NLC)
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Filing 6
CORPORATE Disclosure Statement by State of Florida. (Patel, Anita)
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Filing 5
NOTICE: COMPLIANCE WITH LOCAL RULE 1.08. Signed by Judge Steven D. Merryday on 2/5/2021. (KR)
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Filing 4
NOTICE of Local Rule 1.07(c) and Local Rule 3.02(a)(2): -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (KR)
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Filing 3
SUMMONS issued as to Xavier Becerra, Centers for Disease Control and Prevention, Health and Human Services, United States of America, and Rochelle Walensky. (JLD)
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Filing 2
NEW CASE ASSIGNED to Judge Steven D. Merryday and Magistrate Judge Amanda Arnold Sansone. New case number: 8:21-cv-0839-SDM-AAS. (SJB)
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Filing 1
COMPLAINT against All Defendants (Filing fee $ 402 receipt number AFLMDC-18108694) filed by State of Florida. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit 1, October 30 Order, #4 Exhibit 2, March 14 Order, #5 Exhibit 3, April 9 Order, #6 Exhibit 4, July 16 Order, #7 Exhibit 5, September 30 Order, #8 Exhibit 6, Congressional Testimony)(Percival, James)
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