US Freedom Flyers et al v. United States of America et al
| US FREEDOM FLYERS, Health Freedom Defense Fund, Kris Owen Bowman, Michael Alan Goldstein, David Panzera, Kathleen Goff, Alvin Reinauer, Keith Sutton and Health Freedom Defense Fund, Inc. |
| United States of America, Joseph R. Biden, Jr., FEDERAL ACQUISITION REGULATORY COUNCIL, Lesley A. Field, John M. Tenaglia, Karla S. Jackson, Shalanda D. Young, Office of Management and Budget, General Services Administration, Robin Carnahan and Jeffrey A. Koses |
| 8:2021cv02738 |
| November 22, 2021 |
| US District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Julie S Sneed |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 0551 Administrative Procedure Act |
| None |
Docket Report
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Filing 28
ENDORSED ORDER: Considering the Joint Stipulation for Dismissal with Prejudice #27, this case is hereby dismissed under Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The Clerk is directed to terminate any deadlines and pending motions and to close this case. Signed by Judge Kathryn Kimball Mizelle on 5/18/2023. (RLD)
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| Filing 27 STIPULATION of Dismissal by Kris Owen Bowman, Kathleen Goff, Michael Alan Goldstein, Health Freedom Defense Fund, Inc., David Panzera, Alvin Reinauer, Keith Sutton, US Freedom Flyers. (Hadaway, Brant) |
| Filing 26 STATUS report (Joint) by Federal Acquisition Regulatory Council, General Services Administration, Robin Carnahan, John M. Tenaglia, Office of Management and Budget, Jeffrey A. Koses, United States of America, Lesley A. Field, Karla S. Jackson, Shalanda D. Young, Joseph R. Biden, Jr. (Wynosky, Kevin) |
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Filing 25
ENDORSED ORDER: Given an injunction affecting many plaintiffs in this case that remains in effect (see Florida v. Nelson, 576 F.Supp.3d 1017 (M.D. Fla. 2021) (Merryday, J.)), and the federal government's guidance to agencies not to enforce the mandate at this time, the case will remain stayed. Parties must file a joint status report every 90 days beginning March 21, 2023. Signed by Judge Kathryn Kimball Mizelle on 12/21/2022. (RLD)
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| Filing 24 NOTICE of change of address by Brant C. Hadaway (Hadaway, Brant) |
| Filing 23 NOTICE by Joseph R. Biden, Jr, Robin Carnahan, Federal Acquisition Regulatory Council, Lesley A. Field, General Services Administration, Karla S. Jackson, Jeffrey A. Koses, Office of Management and Budget, John M. Tenaglia, United States of America, Shalanda D. Young (Wynosky, Kevin) |
| Filing 22 NOTICE of Appearance by Kevin Joseph Wynosky on behalf of Joseph R. Biden, Jr, Robin Carnahan, Federal Acquisition Regulatory Council, Lesley A. Field, General Services Administration, Karla S. Jackson, Jeffrey A. Koses, Office of Management and Budget, John M. Tenaglia, United States of America, Shalanda D. Young (Wynosky, Kevin) |
| Filing 21 NOTICE by Kris Owen Bowman, Kathleen Goff, Michael Alan Goldstein, Health Freedom Defense Fund, Inc., David Panzera, Alvin Reinauer, Keith Sutton, US Freedom Flyers re #19 Notice (Other), Supplemental Notice (Hadaway, Brant) |
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Filing 20
ENDORSED ORDER: No later than September 20, 2022, Defendants are directed to file a notice regarding their position on lifting the stay in this case in the light of the Eleventh Circuit's recent decision in Georgia v. President of the United States, No. 21-14269, 2022 WL 370822 (11th Cir. 2022). Assuming the Court lifts the stay, Defendants should also advise as to a proposed timeline for filing a responsive pleading to the Complaint. Signed by Judge Kathryn Kimball Mizelle on 9/13/2022. (RLD)
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| Filing 19 NOTICE by Kris Owen Bowman, Kathleen Goff, Michael Alan Goldstein, Health Freedom Defense Fund, Inc., David Panzera, Alvin Reinauer, Keith Sutton, US Freedom Flyers re 18 Order pdf of Decision in the 11th Circuit. (Attachments: #1 Exhibit A - Decision of the 11th Circuit)(Hadaway, Brant) |
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Filing 18
ENDORSED ORDER: Considering Plaintiffs' #17 Response to the Court's 16 Endorsed Order, the Court stays this action and directs the Clerk to administratively close the case pending the Eleventh Circuit's decision reviewing the nationwide injunction in Georgia v. President of the United States, No. 21-14269-F. Lead counsel is directed to provide the Court with notice of that decision and its impact on the status of this action within seven days of any decision from the Eleventh Circuit. Signed by Judge Kathryn Kimball Mizelle on 1/21/2022. (JMB)
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| Filing 17 RESPONSE re 16 Order filed by Kris Owen Bowman, Kathleen Goff, Michael Alan Goldstein, Health Freedom Defense Fund, Inc., David Panzera, Alvin Reinauer, Keith Sutton, US Freedom Flyers. (Hadaway, Brant) Modified on 1/20/2022 to edit text (CRK). |
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Filing 16
ENDORSED ORDER: District courts within the Eleventh Circuit have enjoined the federal contractor vaccine mandate that is the subject of this action. See, e.g., Georgia v. Biden, ___ F. Supp. 3d ___, 2021 WL 5779939 (S.D. Ga. 2021); Florida v. Nelson, ___ F. Supp. 3d ___, 2021 WL 6108948 (M.D. Fla. 2021) (Merryday, J.). The Eleventh Circuit declined to stay the nationwide injunction, Georgia v. President of the United States, No. 21-14269-F (11th Cir. Dec. 17, 2021), and has expedited the government's appeal. By January 20, 2022, lead counsel for the plaintiffs must inform the Court whether this action should be stayed pending the Eleventh Circuit's ruling. Signed by Judge Kathryn Kimball Mizelle on 1/14/2022. (JMB)
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Filing 15
ORDER granting #13 Plaintiffs' Motion for Admission Pro Hac Vice. Signed by Magistrate Judge Julie S. Sneed on January 5, 2022. (TLM)
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| Filing 14 NOTICE of Corrected Exhibit "A" by Kris Owen Bowman, Kathleen Goff, Michael Alan Goldstein, Health Freedom Defense Fund, Inc., David Panzera, Alvin Reinauer, Keith Sutton, US Freedom Flyers re #13 Verified MOTION for Daniel E. Davillier to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19084740 for $150. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Hadaway, Brant) Modified on 1/5/2022 to edit text (CRK). |
| Filing 13 Verified MOTION for Daniel E. Davillier to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19084740 for $150 by All Plaintiffs. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit Special Admission Certification)(Hadaway, Brant) Motions referred to Magistrate Judge Julie S. Sneed. Modified on 1/5/2022 to edit text (CRK). |
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Filing 12
ENDORSED ORDER: Attorney Daniel Davillier is directed to comply with Local Rule 2.01(b)(G) governing Practice in the Middle District. By March 8, 2021, Attorney Davillier must register with the Middle District's CM/ECF system. Failure to comply with this order may result in the Court striking Attorney Davillier's appearance from the record. Signed by Judge Kathryn Kimball Mizelle on 1/3/2022. (JMB)
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| Filing 11 SUMMONS returned executed by Alvin Reinauer, Health Freedom Defense Fund, Inc., US Freedom Flyers, Kathleen Goff, Kris Owen Bowman, Keith Sutton, Michael Alan Goldstein, David Panzera. All Defendants. (Hadaway, Brant) |
| Filing 10 NOTICE of a related action and Decision in the Eastern District of Kentucky per Local Rule 1.07(c) by Kris Owen Bowman, Kathleen Goff, Michael Alan Goldstein, Health Freedom Defense Fund, Inc., David Panzera, Alvin Reinauer, Keith Sutton, US Freedom Flyers. Related case(s): Yes (Attachments: #1 Exhibit Exhibit A)(Hadaway, Brant) |
| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement re #8 Order pdf by Kris Owen Bowman, Kathleen Goff, Michael Alan Goldstein, Health Freedom Defense Fund, Inc., David Panzera, Alvin Reinauer, Keith Sutton, US Freedom Flyers. (Hadaway, Brant) |
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Filing 8
CIVIL CASE ORDER. Signed by Judge Kathryn Kimball Mizelle on 11/30/2021. (JMB)
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| Filing 7 NOTICE of Lead Counsel Designation by Brant C. Hadaway on behalf of Kris Owen Bowman, Kathleen Goff, Michael Alan Goldstein, Health Freedom Defense Fund, Inc., David Panzera, Alvin Reinauer, Keith Sutton, US Freedom Flyers. Lead Counsel: Brant C. Hadaway. (Hadaway, Brant) |
| Filing 6 SUMMONS issued as to Joseph R. Biden, Jr, Robin Carnahan, Federal Acquisition Regulatory Council, Lesley A. Field, General Services Administration, Karla S. Jackson, Jeffrey A. Koses, Office of Management and Budget, John M. Tenaglia, United States of America, and Shalanda D. Young. (JLD) |
| Filing 5 NOTICE to Counsel of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk) (JLD) |
| Filing 4 NOTICE to counsel Daniel Davillier Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; and Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details. (Signed by Deputy Clerk) (JLD) |
| Filing 3 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Julie S. Sneed. New case number: 8:21-cv-2738-KKM-JSS. (SJB) |
| Filing 2 NOTICE of a related action per Local Rule 1.07(c) by Kris Owen Bowman, Kathleen Goff, Michael Alan Goldstein. Related case(s): Yes (Hadaway, Brant) |
| Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants (Filing fee $ 402 receipt number AFLMDC-18956660) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Composite Exhibit A, #3 Exhibit Composite Exhibit B, #4 Proposed Summons Summons - United States, #5 Proposed Summons Summons - Joseph Biden, #6 Proposed Summons Summons - FAR Council, #7 Proposed Summons Summons - Lesley A. Field, #8 Proposed Summons Summons - John M. Tenaglia, #9 Proposed Summons Summons - Jeffrey A. Koses, #10 Proposed Summons Summons - Karla S. Jackson, #11 Proposed Summons Summons - Shalanda D. Young, #12 Proposed Summons Summons - Office of Management and Budget, #13 Proposed Summons Summons - General Services Administration, #14 Proposed Summons Summons - Robin Carnahan)(Hadaway, Brant) |
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