AFGE Local 501 et al v. Biden et al
| AFGE Local 501 and Council of Prison Locals CPL 33 |
| Joseph R. Biden, Merrick Garland, Eugene Carlton, Kiran Ahuja, Jeffrey Zients and Michael Carvajal |
| 1:2021cv23828 |
| October 30, 2021 |
| US District Court for the Southern District of Florida |
| Joan A Lenard |
| Civil Rights: Jobs |
| 05 U.S.C. § 0552 |
| None |
Docket Report
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This docket was last retrieved on December 22, 2021. A more recent docket listing may be available from PACER.
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Filing 33
ORDER DISMISSING CASE FOR LACK OF SUBJECT MATTER JURISDICTION. Signed by Judge Joan A. Lenard on 12/22/2021. See attached document for full details. (gie)
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| Filing 32 REPLY to Response to Motion re #19 MOTION for Preliminary Injunction filed by Plaintiffs, AFGE Local 501 and Council of Prison Locals CPL 33 Reply Memorandum in Support of Plaintiffs' Motion for a Preliminary Injunction filed by AFGE Local 501. (Berkowitz, Mark) |
| Filing 31 RESPONSE in Opposition re #19 MOTION for Preliminary Injunction filed by Plaintiffs, AFGE Local 501 and Council of Prison Locals CPL 33 filed by Joseph R. Biden, Michael Carvajal, Eugene Carlton, Jeffrey Zients, Kiran Ahuja, Merrick Garland. Replies due by 12/23/2021. (Roberts, Charles) |
| Filing 30 NOTICE of Attorney Appearance by Charles E.T. Roberts on behalf of Joseph R. Biden, Michael Carvajal, Eugene Carlton, Jeffrey Zients, Kiran Ahuja, Merrick Garland. Attorney Charles E.T. Roberts added to party Joseph R. Biden(pty:dft), Attorney Charles E.T. Roberts added to party Michael Carvajal(pty:dft), Attorney Charles E.T. Roberts added to party Eugene Carlton(pty:dft), Attorney Charles E.T. Roberts added to party Jeffrey Zients(pty:dft), Attorney Charles E.T. Roberts added to party Kiran Ahuja(pty:dft), Attorney Charles E.T. Roberts added to party Merrick Garland(pty:dft). (Roberts, Charles) |
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Filing 29
PAPERLESS ORDER GRANTING #26 Plaintiffs' Amended Motion to Expedite Proceedings.THIS CAUSE is before the Court on Plaintiffs Amended Motion to Expedite Proceedings, (D.E. #26 ), filed December 8, 2021. On December 9, 2021, the Court issued a Paperless Order instructing Counsel for Plaintiff to hand-deliver a copy of: (1) Plaintiffs' Amended Verified Complaint for a Preliminary Injunction, (D.E. #18 ); (2) Plaintiffs' Motion for the Issuance of a Preliminary Injunction, (D.E. #19 ); and (3) Plaintiffs' Amended Motion to Expedite Proceedings, (D.E. #26 ), to the Executive Office of the U.S. Attorney for the Southern District of Florida. (D.E. 27.) On December 9, 2021, Counsel for Plaintiffs filed a Certificate of Compliance stating that the appropriate pleadings were hand-delivered to First Assistant U.S. Attorney Michelle Alvarez. (D.E. #28 .) To date, neither the U.S. Attorney's Office nor any of the Defendants have filed a Notice of Appearance.Accordingly, it is ORDERED AND ADJUDGED that the U.S. Attorney and/or appropriate Executive Branch legal counsel shall have until 4:00 pm on December 16, 2021 to file a Response to #19 Plaintiffs' Motion for the Issuance of a Preliminary Injunction. Plaintiffs shall have until 4:00 pm on December 20, 2021 to file a Reply. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/13/2021. (gie)
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| Filing 28 NOTICE by AFGE Local 501 re 27 Order,,,, Notice of Certificate of Compliance filed by Plaintiffs, AFGE Local 501 and Council of Prison Locals CPL 33 (Berkowitz, Mark) |
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Filing 27
PAPERLESS ORDER. Counsel for Plaintiff shall have until and including 4:00 pm today, Thursday, December 9, 2021, to hand-deliver a copy of: (1) Plaintiffs' Amended Verified Complaint for a Preliminary Injunction, (D.E. #18 ); (2) Plaintiffs' Motion for the Issuance of a Preliminary Injunction, (D.E. #19 ); and (3) Plaintiffs' Amended Motion to Expedite Proceedings, (D.E. #26 ), to the Executive Office of the U.S. Attorney for the Southern District of Florida, 99 NE 4th Street, 8th Floor, Miami, Florida 33132, care of First Assistant U.S. Attorney Michelle Alvarez. Because the U.S. Attorney's Office is currently closed to the public, upon arrival, Counsel will have to call Ms. Alvarez at 305-961-9088. If Ms. Alvarez does not answer the phone after five minutes, Counsel shall call the Undersigned's Chambers at 305-523-5500 and ask for Ms. Alvarez's cellular phone number. After delivery, Counsel shall have until and including 6:00 pm today, Thursday, December 9, 2021, to file a Certificate of Service on the docket. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/9/2021. (gie)
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| Filing 26 Amended MOTION to Expedite Proceedings 25 Order on Motion to Expedite Amended Motion to Expedite Proceeding, filed by AFGE Local 501 and Council of Prison Locals CPL 33 by AFGE Local 501. Responses due by 12/22/2021 (Attachments: #1 Exhibit Service On Garland, #2 Exhibit Service on Biden, #3 Exhibit Service on Zients, #4 Exhibit Service on Ahuja, #5 Exhibit Service on Carlton, #6 Exhibit Service on Carvahal, #7 Exhibit Service on Gonzalez)(Berkowitz, Mark) Modified Motion Relief on 12/9/2021 (pcs). |
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Filing 25
PAPERLESS ORDER DENYING WITHOUT PREJUDICE #24 Plaintiffs' Motion to Expedite Proceedings.On November 12, 2021, Plaintiffs filed a four-count Amended Verified Complaint for a Preliminary Injunction, challenging Defendants' federal employee vaccine mandate. (D.E. #18 .) On November 12, 2021, Plaintiffs filed a Motion for the Issuance of a Preliminary Injunction. (D.E. #19 .) On November 15, 2021, the Clerk of Courts issued Summons to Plaintiffs for service upon Defendants. (D.E. #21 .) On December 7, 2021, Plaintiffs filed the instant Motion to Expedite Proceedings. (D.E. #24 .) Therein, they state that the federal employee vaccine mandate is scheduled to go into effect January 4, 2022 and "request that this matter be adjudicated prior to the current deadline of January 4, 2022; and they further request that the Court order the Defendants to comply with an expedited briefing schedule." (Id at 2.) In a footnote, Plaintiffs assert that "[t]he parties to this action have been served with the Verified Amended Complaint (D.E. #18 ), as well as the Motion for a Preliminary Injunction[,] (D.E. #19 )." (Id. at 2 n.1.) However, to date, Plaintiffs have not filed proof of service and none of the Defendants have entered an appearance.Pursuant to the Federal Rules of Civil Procedure: "The court may issue a preliminary injunction only on notice to the adverse party." Fed. R. Civ. P. 65(a)(1).The Court cannot issue a preliminary injunction unless and until Defendants have received notice of the requested relief. Fed. R. Civ. P. 65(a)(1). Although Plaintiffs assert that "[t]he parties to this action have been served with the Verified Amended Complaint [and] Motion for a Preliminary Injunction[,]" (Mot. at 2 n.1), they have not filed proof of service, Defendants have not entered an appearance, and there is no other indication on the docket that Defendants have been properly served with the Verified Amended Complaint and Motion for Preliminary Injunction. Indeed, neither the Verified Amended Complaint nor the Motion for Preliminary Injunction contain a Certificate of Service. Accordingly, Plaintiffs' #24 Motion to Expedite Proceedings is DENIED WITHOUT PREJUDICE. See W. Coast Distrib., Inc. v. Universal Fresh Produce, LLC, CASE NO. 17-24467-CIV-ALTONAGA/Goodman, 2017 WL 9248503, at *1 (S.D. Fla. Dec. 18, 2017) (denying motion for preliminary injunction because there was "no indication on the docket Defendants have been served with the Complaint"). This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/8/2021. (gie)
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| Filing 24 MOTION to Expedite Proceedings, for an Expedited Briefing Schedule and for an Adjudication prior to January 4, 2021, by AFGE Local 501 and Council of Prison Locals, CPL 33 by AFGE Local 501. (Berkowitz, Mark) |
| Filing 23 Notice of Supplemental Authority Additional Supplementary Authority, filed by Plaintiffs, AFGE Local 501 and Council of Prison Locals, CPL 33 by AFGE Local 501 (Berkowitz, Mark) |
| Filing 22 Notice of Supplemental Authority re #19 MOTION for Preliminary Injunction filed by Plaintiffs, AFGE Local 501 and Council of Prison Locals CPL 33 Notice of Supplementary Authority filed by AFGE Local 501 and Council of Prison Locals CPL 33 by AFGE Local 501 (Berkowitz, Mark) |
| Filing 21 Summons Issued as to Joseph R. Biden, Eugene Carlton, Kiran Ahuja, Merrick Garland. (kpe) |
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Filing 20
PAPERLESS ORDER DENYING IN PART AND DENYING AS MOOT IN PART #15 Plaintiff's Amended Motion for the Issuance of a Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Declaratory Relief.On October 30, 2021, Plaintiffs filed a four-count Verified Complaint for a Temporary Restraining Order ("TRO"), Preliminary and Permanent Injunctive Relief, and Declaratory Relief, challenging Defendants' vaccine mandate. On November 8, 2021, Plaintiffs filed a Motion titled "Plaintiffs' Amended Motion and Incorporated Memorandum of Law for the Issuance of a Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Declaratory Relief." ("Amended Motion," D.E. #15 .) On November 9, 2021, the Court issued an Order denying the Amended Motion without prejudice in part, and solely to the extent that it requested a TRO. (D.E. 16.)Although the title of the Amended Motion references Permanent Injunctive Relief and Declaratory Relief, it does not properly request a permanent injunction or declaratory judgment in the body of the Amended Motion. (See id..) Accordingly, the Amended Motion is DENIED to the extent that it purports to request a permanent injunction and declaratory relief.On November 12, 2021, Plaintiffs filed a new Motion for the Issuance of a Preliminary Injunction. (D.E. #19 .) The Court finds that the new Motion supersedes the Amended Motion's request for a preliminary injunction. Accordingly, the Amended Motion (D.E. #15 ) is DENIED AS MOOT to the extent that it seeks a Preliminary Injunction. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 11/15/2021. (gie)
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| Filing 19 MOTION for Preliminary Injunction filed by Plaintiffs, AFGE Local 501 and Council of Prison Locals CPL 33 by AFGE Local 501. (Berkowitz, Mark) |
| Filing 18 AMENDED COMPLAINT Verified Amended Complaint for a Preliminary Injunction filed by Plaintiffs, AFGE Local 501 and Council of Prison Locals, CPL 33 against Merrick Garland, filed by AFGE Local 501. (Attachments: #1 Exhibit Verification Signed by Council Representative, #2 Exhibit Verification Signed by Local 501)(Berkowitz, Mark) |
| Filing 17 NOTICE of Filing Proposed Summons(es) by Plaintiffs, AFGE Local 501 and Council of Prison Locals CPL 33 by AFGE Local 501 re #1 Complaint filed by AFGE Local 501 (Attachments: #1 Summon(s) Proposed Summons for Attorney General, #2 Summon(s) Proposed Summons for Michael Carvahal, #3 Summon(s) Proposed Summons for Eugene Carlton, #4 Summon(s) Proposed Summons for Kiran Ahuja, #5 Summon(s) Proposed Summons for Joseph R. Biden, #6 Summon(s) Proposed Summons for Jeffrey Zients) (Berkowitz, Mark) |
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Filing 16
PAPERLESS ORDER GRANTING #14 Plaintiffs' Motion to Strike; STRIKING #4 Plaintiffs' Motion for the Issuance of a Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Declaratory Relief; and DENYING WITHOUT PREJUDICE IN PART #15 Plaintiffs' Amended Motion for the Issuance of a Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Declaratory Relief.On October 30, 2021, Plaintiffs filed a four-count Verified Complaint for a Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Declaratory Relief, challenging Defendants' vaccine mandate. All four counts seek preliminary and permanent injunctive relief; Counts I and IV (which allege Fourteenth Amendment violations under 42 U.S.C. sec. 1983) also seek a temporary restraining order ("TRO"). On November 1, 2021, Plaintiffs filed a Motion for the Issuance of a Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Declaratory Relief. ("First Motion for a TRO and Injunction," D.E. #4 .) The First Motion for a TRO and Injunction contained a footnote incorrectly stating that on October 28, 2021, the United States District Court for the District of Columbia in Church, et al. v. Biden, et al., Case No. 21-cv-02815-CKK (D.D.C. 2021) (hereafter, "Church"). "issued a temporary injunction, forestalling the implementation of the Employee Vaccination Mandate." (Id. at 5-6 n.4.) In fact, the Court in Church did no such thing; it merely expedited the briefing schedule on the plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction. On November 8, 2021, the Court in Church denied Plaintiffs' Motion for a TRO and Preliminary Injunction. Church, D.E. 16, 17.Meanwhile, on November 1, 2021, this Court issued a Paperless Order Denying Without Prejudice in Part Plaintiffs' First Motion for a TRO and Injunction-- specifically, the Court denied the Motion to the extent that it sought a TRO. (D.E. 6.) The Court found that: (1) "Plaintiffs have not identified specific facts in an affidavit or their Verified Complaint clearly showing that 'immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition[,]'" (id. (quoting Fed. R. Civ. P. 65(b)(1))); and (2) Plaintiffs attorney failed to certify "in writing any efforts made to give notice to Defendants and the reasons why it should not be required[,]" (id. (citing Fed. R. Civ. P. 65(b)(1))).On November 8, 2021, Plaintiffs filed the instant Motion to Strike the First Motion for a TRO and Injunction on the grounds that "there was an inadvertent error in the filing...." (D.E. #14 at 1 n.1.) Also on November 8, 2021, Plaintiffs filed the instant Amended Motion for the Issuance of a Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Declaratory Relief. ("Amended Motion for a TRO and Injunction," D.E. #15 .) The Amended Motion for a TRO and Injunction is virtually identical to the First Motion for a TRO and Injunction except that Footnote 4 has been edited to reflect that the U.S. District Court for the District of Columbia in Church denied the plaintiff's Motion for a TRO and Preliminary Injunction. (Id. at 5-6 n.4.)Initially, the Court GRANTS Plaintiffs' #14 Motion to Strike and STRIKES the #4 First Motion for a TRO and Injunction."The court may issue a preliminary injunction only on notice to the adverse party." Fed. R. Civ. P. 65(a)(1)."The court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if: (A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." Fed. R. Civ. P. 65(b)(1).Here, Plaintiffs have not identified specific facts in an affidavit or their Verified Complaint clearly showing that "immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition[.]" Id. Nor has Plaintiffs' attorney certified in writing any efforts made to give notice to Defendants and the reasons why it should not be required. Id. Accordingly, Plaintiffs' Amended Motion for a TRO and Injunction is DENIED WITHOUT PREJUDICE to the extent it seeks a TRO. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 11/9/2021. (gie)
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| Filing 15 MOTION for Preliminary Injunction Amended Motion for a Preliminary Injunction by AFGE Local 501. (Berkowitz, Mark) |
| Filing 14 MOTION to Strike #4 MOTION for Preliminary Injunction by Plaintiffs by AFGE Local 501. Responses due by 11/22/2021 (Berkowitz, Mark) |
| Filing 13 NOTICE by AFGE Local 501 re 9 Order, Supplemental Filing of Documents (Attachments: #1 Exhibit E-mail Communication from Government Research Associate, #2 Exhibit Executive Order, Authenticated with a Mark in the Upper Left Hand Corner) (Berkowitz, Mark) |
| Filing 12 Summons Issued as to U.S. Attorney (pcs) |
| Filing 11 NOTICE of Filing Proposed Summons(es) for U.S. Attorney, for the Southern District of Florida by AFGE Local 501 re #1 Complaint filed by AFGE Local 501 (Attachments: #1 Exhibit Proposed Summons) (Berkowitz, Mark) |
| Filing 10 NOTICE by AFGE Local 501 re 9 Order, Notice of Filing Response to the Court's November 2, 2021 Order (Attachments: #1 Exhibit OPM Guidance, #2 Exhibit Executive Order from the White House Website, #3 Exhibit E-mail Message Requesting a Certified Copy of the Executive Order) (Berkowitz, Mark) |
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Filing 9
PAPERLESS ORDER instructing Plaintiff to file a certified copy of (1) Executive Order 14043 and (2) the Office of Personnel Management's guidance on the vaccine mandate (referenced in paragraphs 37-43 of the Complaint). This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 11/2/2021. (gie)
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| Filing 8 Summons Issued as to Joseph R. Biden, Michael Carvajal, Eugene Carlton, Jeffrey Zients, Kiran Ahuja, Merrick Garland. (pcs) |
| Filing 7 NOTICE of Filing Proposed Summons(es) by Plaintiffs by AFGE Local 501 re #1 Complaint filed by AFGE Local 501 (Attachments: #1 Summon(s) Proposed Summons, #2 Summon(s) Proposed Summons, #3 Summon(s) Proposed Summons, #4 Summon(s) Proposed Summons, #5 Summon(s) Proposed Summons, #6 Summon(s) Proposed Summons) (Berkowitz, Mark) |
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Filing 6
PAPERLESS ORDER DENYING WITHOUT PREJUDICE IN PART #4 Plaintiffs' Motion for the Issuance of a Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Declaratory Relief.On October 30, 2021, Plaintiffs filed a four-count Verified Complaint for a Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Declaratory Relief, challenging Defendants' vaccine mandate. All four counts seek preliminary and permanent injunctive relief; Counts I and IV (which allege Fourteenth Amendment violations under 42 U.S.C. sec. 1983) also seek a temporary restraining order ("TRO"). On November 1, 2021, Plaintiffs filed the instant Motion for the Issuance of a Temporary Restraining Order, Preliminary and Permanent Injunctive Relief, and Declaratory Relief. (D.E. #4 .)"The court may issue a preliminary injunction only on notice to the adverse party." Fed. R. Civ. P. 65(a)(1)."The court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if: (A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." Fed. R. Civ. P. 65(b)(1).Here, Plaintiffs have not identified specific facts in an affidavit or their Verified Complaint clearly showing that "immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition[.]" Id. Nor has Plaintiffs' attorney certified in writing any efforts made to give notice to Defendants and the reasons why it should not be required. Id. Accordingly, Plaintiffs' Motion is DENIED WITHOUT PREJUDICE to the extent it seeks a TRO. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 11/1/2021. (gie)
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| Filing 5 NOTICE by AFGE Local 501 re 3 Clerks Notice to Filer re: Electronic Case, Notice of Entry of Additional Party (Berkowitz, Mark) |
| Filing 4 MOTION for Preliminary Injunction by Plaintiffs by AFGE Local 501. (Berkowitz, Mark) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case. Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. It is not necessary to re-file this document. (pcs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Joan A. Lenard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (pcs) |
| Filing 1 COMPLAINT against Joseph R. Biden. Filing fees $ 402.00 receipt number AFLSDC-15135948, filed by AFGE Local 501. (Attachments: #1 Exhibit FAQs on Executive Order, #2 Civil Cover Sheet Civil Coversheet)(Berkowitz, Mark) |
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