STATE OF FLORIDA v. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
Plaintiff: STATE OF FLORIDA
Defendant: DEPARTMENT OF HEALTH AND HUMAN SERVICES, XAVIER BECERRA, UNITED STATES OF AMERICA, U.S. CENTERS FOR MEDICARE AND MEDICAID SERVICES and CHIQUITA BROOKS-LASURE
Case Number: 3:2021cv02722
Filed: November 17, 2021
Court: US District Court for the Northern District of Florida
Presiding Judge: HOPE T CANNON
Referring Judge: M CASEY RODGERS
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. ยง 702
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 13, 2021 Opinion or Order Filing 24 ORDER. The Joint Motion to Stay All Proceedings Pending Appeal, ECF No. #21 , is GRANTED. The case and all deadlines are STAYED pending further order. Plaintiff is to promptly notify the Court when the appeal is resolved and the case is ready to proceed. Signed by JUDGE M CASEY RODGERS on 12/13/21. (jfj)
December 13, 2021 Opinion or Order ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #21 Joint MOTION to Stay All Proceedings Pending Appeal. (jfj)
December 10, 2021 Opinion or Order Filing 21 Joint MOTION to Stay All Proceedings Pending Appeal by STATE OF FLORIDA. (COSTELLO, DAVID)
December 6, 2021 Opinion or Order Filing 23 Amended ORDER of USCA as to #10 Notice of Appeal. USCA case 21-14098. (alb)
December 5, 2021 Opinion or Order Filing 22 ORDER of USCA as to #10 Notice of Appeal USCA case 21-14098. (alb)
December 1, 2021 Opinion or Order Filing 20 Supplemental Record on Appeal transmitted to US Court of Appeals (document #18 ) re #10 Notice of Appeal (USCA 21-14098). (jfj)
December 1, 2021 Opinion or Order Filing 18 ORDER IN AID OF THE APPEAL. Signed by JUDGE M CASEY RODGERS on 12/01/21. (Order will be transmitted to the Eleventh Circuit as directed.) (jfj)
December 1, 2021 Opinion or Order Filing 17 TRANSCRIPT REQUEST by STATE OF FLORIDA Court Reporter:N/A (COSTELLO, DAVID)
November 30, 2021 Opinion or Order Filing 16 NOTICE of Service by STATE OF FLORIDA (Attachments: #1 Exhibit Certified Mail Receipts, #2 Exhibit USPS Tracking) (CHRISTMAS, NATALIE)
November 29, 2021 Opinion or Order Filing 15 REFERRAL AND ORDER granting #14 Joint Motion to Vacate Further Briefing and Hearing on Preliminary Injunction. The Court's order, ECF No. #13 , is PARTIALLY VACATED insofar as it sua sponte reinstated the State of Florida's Motion for Preliminary Injunction, required further briefing on the motion, and scheduled an evidentiary hearing. The hearing scheduled for December 1, 2021, is CANCELLED at the parties' joint request. Insofar as the order, ECF No. #13 , denied the request for a preliminary injunction pending appeal, the order is unchanged. A supplemental order will be entered to set out the Court's reasoning with respect to the recently enacted Florida law. Signed by JUDGE M CASEY RODGERS on 11/29/21. (jfj)
November 28, 2021 Opinion or Order Filing 14 MOTION to vacate further briefing and hearing on the motion for a preliminary injunction by STATE OF FLORIDA. (COSTELLO, DAVID)
November 27, 2021 Opinion or Order Set Deadlines/Hearings: Internal deadline for referral to judge re: #13 Order, if response not filed earlier: An expedited evidentiary hearing and oral argument are scheduled for Wednesday, December 1, 2021, at 9:00 a.m. (C.T.). Parties may confer and agree to a different start time if they file a notice of their agreed start time, with an indication of the anticipated length of time needed for the hearing, by 5:00 p.m. (C.T.) on Monday, 11/29/2021. A written response to the #2 motion from Defendants due by noon (C.T.) on Tuesday, 11/30/2021). (jfj)
November 27, 2021 Opinion or Order Filing 13 ORDER denying #9 Motion for injunction pending appeal. The Court sua sponte reinstates Floridas request for a preliminary injunction, as stated in its Complaint #1 and previously filed motion #2 , and requires a written response to the motion from Defendants by noon (C.T.) on Tuesday, November 30, 2021. An expedited evidentiary hearing and oral argument are scheduled for Wednesday, December 1, 2021, at 9:00 a.m. (C.T.). Parties may confer and agree to a different start time if they file a notice of their agreed start time, with an indication of the anticipated length of time needed for the hearing, by 5:00 p.m. (C.T.) on Monday, November 29, 2021. Signed by JUDGE M CASEY RODGERS on November 27, 2021. (aow)
November 24, 2021 Opinion or Order Filing 19 USCA PROCEDURAL LETTER re: #10 NOTICE OF APPEAL as to #6 Order on Motion for Preliminary Injunction by STATE OF FLORIDA. USCA Appeal # 21-14098. (pmc)
November 24, 2021 Opinion or Order Filing 12 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #10 Notice of Appeal. (jfj)
November 24, 2021 Opinion or Order Filing 11 Appeal Instructions re: #10 Notice of Appeal : 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 12/8/2021. (jfj)
November 24, 2021 Opinion or Order Filing 10 NOTICE OF APPEAL as to #6 Order on Motion for Preliminary Injunction by STATE OF FLORIDA. ( Filing fee $505 Receipt Number AFLNDC-6560164.) (COSTELLO, DAVID)
November 24, 2021 Opinion or Order ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #9 Emergency MOTION for Injunction Pending Appeal by STATE OF FLORIDA. (COSTELLO, DAVID) (jfj)
November 23, 2021 Opinion or Order Filing 9 Emergency MOTION for Injunction Pending Appeal by STATE OF FLORIDA. (COSTELLO, DAVID)
November 23, 2021 Opinion or Order Filing 8 *DOCUMENT FILED USING INCORRECT EVENT. SEE CORRECT DOCKET ENTRY #10 . NOTICE of Appeal by STATE OF FLORIDA re #6 Order on Motion for Preliminary Injunction (COSTELLO, DAVID) Modified on 11/24/2021 (jfj).
November 23, 2021 Opinion or Order Filing 7 INITIAL SCHEDULING ORDER: Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 12/7/2021. Rule 26 Meeting Report due by 1/6/2022. Discovery due by 5/18/2022. Signed by JUDGE M CASEY RODGERS on 11/23/21. (jfj)
November 22, 2021 Opinion or Order ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #5 Notice of Appearance for Defendants. (Please see proposed ISO) (jfj)
November 20, 2021 Opinion or Order Filing 6 ORDER denying #2 Motion for Preliminary Injunction. Signed by JUDGE M CASEY RODGERS on November 20, 2021. (aow)
November 19, 2021 Opinion or Order Filing 5 NOTICE of Appearance by JOEL L MCELVAIN on behalf of All Defendants (MCELVAIN, JOEL)
November 18, 2021 Opinion or Order Filing 4 Summons Issued as to XAVIER BECERRA, CHIQUITA BROOKS-LASURE, DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. CENTERS FOR MEDICARE AND MEDICAID SERVICES, UNITED STATES OF AMERICA. (jfj)
November 18, 2021 Opinion or Order Filing 3 NOTICE of Similar Case by STATE OF FLORIDA (COSTELLO, DAVID)
November 18, 2021 Opinion or Order ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #2 MOTION for Preliminary Injunction. (jfj)
November 17, 2021 Opinion or Order Filing 2 MOTION for Preliminary Injunction by STATE OF FLORIDA. (Attachments: #1 Exhibit AHCA Declaration, #2 Exhibit DCF Declaration, #3 Exhibit DOH Declaration, #4 Exhibit FDC Declaration, #5 Exhibit FDVA Declaration, #6 Exhibit APD Declaration) (CHRISTMAS, NATALIE)
November 17, 2021 Opinion or Order Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AFLNDC-6550298.), filed by STATE OF FLORIDA. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Summonses) (CHRISTMAS, NATALIE)

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Plaintiff: STATE OF FLORIDA
Represented By: NATALIE CHRISTMAS
Represented By: DANIEL WILLIAM BELL
Represented By: DAVID MATTHEW COSTELLO
Represented By: HENRY CHARLES WHITAKER
Represented By: JAMES HAMILTON PERCIVAL, II
Represented By: JASON H HILBORN
Represented By: JOHN MATTHEW GUARD
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Defendant: DEPARTMENT OF HEALTH AND HUMAN SERVICES
Represented By: JOEL L MCELVAIN
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Defendant: XAVIER BECERRA
Represented By: JOEL L MCELVAIN
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Defendant: UNITED STATES OF AMERICA
Represented By: JOEL L MCELVAIN
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Defendant: U.S. CENTERS FOR MEDICARE AND MEDICAID SERVICES
Represented By: JOEL L MCELVAIN
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Defendant: CHIQUITA BROOKS-LASURE
Represented By: JOEL L MCELVAIN
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