State of Missouri et al v. Biden et al
| State of Missouri, State of Nebraska, State of Alaska, State of Arkansas, State of Iowa, State of Montana, State of New Hampshire, State of North Dakota, State of South Dakota and State of Wyoming |
| Joseph R. Biden, Jr., United States of America, United States Office of Personnel Management, Kiran Ahuja, General Services Administration, Robin Carnahan, Office of Management and Budget, Shalanda Young, Safer Federal Workforce Task Force, Jeffrey Zients, Federal Acquisition Regulatory Council, Lesley A. Field, John M. Tenaglia, Jeffrey A. Koses and Karla S. Jackson |
| 4:2021cv01300 |
| October 29, 2021 |
| US District Court for the Eastern District of Missouri |
| David D Noce |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
Docket Report
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This docket was last retrieved on December 23, 2021. A more recent docket listing may be available from PACER.
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Filing 37
ORDER SETTING SCHEDULING CONFERENCE - IT IS HEREBY ORDERED that a Zoom Scheduling Conference with the Court and counsel for all parties is set for Friday, January 7, 2022, at 10:00 a.m. Counsel should participate in the conference by going to zoomgov.com and enter the ID and password: Meeting ID: 160 599 0218 Password: 346672. Counsel should be prepared to discuss scheduling of further proceedings in this case. (Attorneys-Only Conference set for 1/7/2022 10:00 AM in Zoom Video Conference before Magistrate Judge David D. Noce.) Signed by Magistrate Judge David D. Noce on 12/23/2021. (JMP)
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Filing 36
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs motion for a preliminary injunction (Doc. #8 ) is sustained. Defendants are enjoined from enforcing the vaccine mandate for federal contractors and subcontractors in all covered contracts in Missouri, Nebraska, Alaska, Arkansas, Iowa, Montana, New Hampshire, North Dakota, South Dakota, and Wyoming. IT IS FURTHER ORDERED that plaintiffs motion to expedite preliminary injunction briefing (Doc. #10 ) is denied as moot. Signed by Magistrate Judge David D. Noce on 12/20/2021. (JMP)
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| Filing 35 NOTICE of Supplemental Authority re #8 MOTION for Preliminary Injunction by Plaintiffs State of Montana, State of Alaska, State of Arkansas, State of Iowa, State of Missouri, State of Nebraska, State of New Hampshire, State of North Dakota, State of South Dakota, State of Wyoming . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Talent, Michael) |
| Filing 34 NOTICE of Supplemental Authority re #8 MOTION for Preliminary Injunction by Defendants Kiran Ahuja, 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, Safer Federal Workforce Task Force, John M. Tenaglia, United States Office of Personnel Management, United States of America, Shalanda Young, Jeffrey Zients . (Avallone, Zach) |
| Filing 33 RESPONSE re #30 Notice of Supplemental Authority, #31 Notice of Supplemental Authority, filed by Defendants Kiran Ahuja, 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, Safer Federal Workforce Task Force, John M. Tenaglia, United States Office of Personnel Management, United States of America, Shalanda Young, Jeffrey Zients. (Andrapalliyal, Vinita) |
| Filing 32 NOTICE of Supplemental Authority re #8 MOTION for Preliminary Injunction by Defendants Kiran Ahuja, 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, Safer Federal Workforce Task Force, John M. Tenaglia, United States Office of Personnel Management, United States of America, Shalanda Young, Jeffrey Zients . (Attachments: #1 Order - Donovan v. Vance (E.D. Wash., Dec. 17, 2021))(Avallone, Zach) |
| Filing 31 NOTICE of Supplemental Authority re #8 MOTION for Preliminary Injunction by Plaintiffs State of Montana, State of Alaska, State of Arkansas, State of Iowa, State of Missouri, State of Nebraska, State of New Hampshire, State of North Dakota, State of South Dakota, State of Wyoming . (Attachments: #1 Exhibit A)(Talent, Michael) |
| Filing 30 NOTICE of Supplemental Authority re #8 MOTION for Preliminary Injunction by Plaintiffs State of Montana, State of Alaska, State of Arkansas, State of Iowa, State of Missouri, State of Nebraska, State of New Hampshire, State of North Dakota, State of South Dakota, State of Wyoming . (Attachments: #1 Exhibit A)(Talent, Michael) |
| Filing 29 MEMORANDUM in Opposition re #8 MOTION for Preliminary Injunction (Supplemental Memorandum) filed by Defendants Kiran Ahuja, 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, Safer Federal Workforce Task Force, John M. Tenaglia, United States Office of Personnel Management, United States of America, Shalanda Young, Jeffrey Zients. (Andrapalliyal, Vinita) |
| Filing 28 MEMORANDUM in Support of Motion re #8 MOTION for Preliminary Injunction re #26 Supplemental Memorandum in Support of Permanent Injunction filed by Plaintiffs State of Montana, State of Alaska, State of Arkansas, State of Iowa, State of Missouri, State of Nebraska, State of New Hampshire, State of North Dakota, State of South Dakota, State of Wyoming. (Smith, Justin) |
| Filing 27 STATEMENT of Material Facts re #8 MOTION for Preliminary Injunction per #26 Court Order for Joint Statement of Material Facts filed by Plaintiffs State of Montana, State of Alaska, State of Arkansas, State of Iowa, State of Missouri, State of Nebraska, State of New Hampshire, State of North Dakota, State of South Dakota, State of Wyoming. (Attachments: #1 Declaration of Michael Talent with Exhibits)(Talent, Michael) |
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Filing 26
ORDER - IT IS HEREBY ORDERED that the pending motion of defendants for leave to exceed the local rule page limit to respond to plaintiffs motion for preliminary injunction (Doc. #19 ) is sustained. IT IS FURTHER ORDERED that the pending motion of plaintiffs for leave to exceed the local rule page limit to reply in support of motion for preliminary injunction (Doc. #22 ) is sustained. IT IS FURTHER ORDERED that, to facilitate the prompt disposition of this action, not later than Monday, December 6, 2021, the parties must file a non-argumentative Joint Statement of Material Facts regarding the plaintiffs motion for a preliminary injunction (Doc. #8 ) regarding plaintiffs claims other than those founded on the federal Administrative Procedure Act. This joint statement may include comments on stipulated facts by way of footnote to the respective statement. IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure 65(a)(2), the Court intends the parties Joint Statement of Material Facts to apply to the ultimate final dispositive merits of plaintiffs claims other than those founded on the federal Administrative Procedure Act. IT IS FURTHER ORDERED that not later than December 10, 2021, the parties may file simultaneously supplemental memoranda on their respective positions regarding plaintiffs claims other than those founded on the Administrative Procedure Act. Any such supplemental memorandum may not exceed 20 pages in length, excluding the signature pages.. Signed by Magistrate Judge David D. Noce on 11/24/21. (KJS)
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| Filing 25 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before Magistrate Judge David D. Noce: Status Conference held on 11/24/2021. Court and counsel discuss scheduling. Order to issue. (proceedings started: 9:00 am) (proceedings ended: 9:24 am) (Recorded on Zoom by: K. Shirley)(Appearance for Plaintiff: James Campbell/Michael Talent)(Appearance for Defendant: Zach Avallone/Vinita Andrapalliyal) (KJS) |
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Filing 24
Docket Text ORDER: IT IS HEREBY ORDERED that an Attorney's Only Status Conference is set for November 24, 2021 at 9:00 am via zoom.(Join zoomgov.com and enter the ID and password: Meeting ID: 160 599 0218 Password: 346672 ) (Attorneys-Only Conference set for 11/24/2021 09:00 AM in Zoom Video Conference before Magistrate Judge David D. Noce.) Signed by Magistrate Judge David D. Noce on 11/23/21. (KJS)
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| Filing 23 REPLY to Response to Motion re #8 MOTION for Preliminary Injunction filed by Plaintiffs State of Montana, State of Alaska, State of Arkansas, State of Iowa, State of Missouri, State of Nebraska, State of New Hampshire, State of North Dakota, State of South Dakota, State of Wyoming. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Smith, Justin) |
| Filing 22 MOTION for Leave to File in Excess of Page Limitation for Reply in Support of Motion for Preliminary Injunction by Plaintiffs State of Montana, State of Alaska, State of Arkansas, State of Iowa, State of Missouri, State of Nebraska, State of New Hampshire, State of North Dakota, State of South Dakota, State of Wyoming. (Smith, Justin) |
| Filing 21 FULL CONSENT has been received by Defendants Kiran Ahuja, 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, Safer Federal Workforce Task Force, John M. Tenaglia, United States Office of Personnel Management, United States of America, Shalanda Young, Jeffrey Zients, Plaintiffs State of Montana, State of Alaska, State of Arkansas, State of Iowa, State of Missouri, State of Nebraska, State of New Hampshire, State of North Dakota, State of South Dakota, State of Wyoming. (JMP) |
| Filing 20 RESPONSE in Opposition re #8 MOTION for Preliminary Injunction filed by Defendants Kiran Ahuja, 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, Safer Federal Workforce Task Force, John M. Tenaglia, United States Office of Personnel Management, United States of America, Shalanda Young, Jeffrey Zients. (Attachments: #1 Affidavit Decl. of Peter Marks, M.D., Ph.D., #2 Affidavit Decl. of Cody Benjamin, #3 Affidavit Decl. of Erica Hoffman)(Andrapalliyal, Vinita) |
| Filing 19 MOTION for Leave to File in Excess of Page Limitation by Defendants Kiran Ahuja, 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, Safer Federal Workforce Task Force, John M. Tenaglia, United States Office of Personnel Management, United States of America, Shalanda Young, Jeffrey Zients. (Andrapalliyal, Vinita) |
| Filing 18 ENTRY of Appearance by Zach A. Avallone for Defendants Kiran Ahuja, 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, Safer Federal Workforce Task Force, John M. Tenaglia, United States Office of Personnel Management, United States of America, Shalanda Young, Jeffrey Zients. (Avallone, Zach) |
| Filing 17 ENTRY of Appearance by Samuel Paul Langholz for Plaintiff State of Iowa. (Langholz, Samuel) |
| Filing 16 ENTRY of Appearance by James A. Campbell for Plaintiff State of Nebraska. (Campbell, James) |
| Notice from Clerk instructing Defendants Kiran Ahuja, 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, Safer Federal Workforce Task Force, John M. Tenaglia, United States Office of Personnel Management, United States of America, Shalanda Young, Jeffrey Zients to submit Notice regarding Magistrate Judge Jurisdiction. Click #here for the instructions. Notice re: Magistrate Judge Jurisdiction due by 11/19/2021. (KXS) |
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Filing 15
ORDER GRANTING MOTION FOR LEAVE TO EXCEED PAGE LIMIT - IT IS HEREBY ORDERED that the motion of plaintiffs for leave to exceed the 15-page limit for their memorandum (Doc. #9 ) in support of their motion for a preliminary injunction (Doc. #7 ) is sustained.. Signed by Magistrate Judge David D. Noce on 11/12/21. (KJS)
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| Filing 14 NOTICE Appearance of Counsel: by Defendants Kiran Ahuja, 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, Safer Federal Workforce Task Force, John M. Tenaglia, United States Office of Personnel Management, United States of America, Shalanda Young, Jeffrey Zients (Avallone, Zach) |
| Filing 13 REPLY to Response to Motion re #10 MOTION to Expedite Preliminary Injunction Briefing filed by Plaintiffs State of Montana, State of Alaska, State of Arkansas, State of Iowa, State of Missouri, State of Nebraska, State of New Hampshire, State of North Dakota, State of South Dakota, State of Wyoming. (Smith, Justin) |
| Filing 12 MEMORANDUM in Opposition re #10 MOTION to Expedite Preliminary Injunction Briefing filed by Defendants Kiran Ahuja, 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, Safer Federal Workforce Task Force, John M. Tenaglia, United States Office of Personnel Management, United States of America, Shalanda Young, Jeffrey Zients. (Andrapalliyal, Vinita) |
| Filing 11 ENTRY of Appearance by Vinita Andrapalliyal for Defendants Kiran Ahuja, 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, Safer Federal Workforce Task Force, John M. Tenaglia, United States Office of Personnel Management, United States of America, Shalanda Young, Jeffrey Zients. (Andrapalliyal, Vinita) |
| Filing 10 MOTION to Expedite Preliminary Injunction Briefing by Plaintiffs State of Montana, State of Alaska, State of Arkansas, State of Iowa, State of Missouri, State of Nebraska, State of New Hampshire, State of North Dakota, State of South Dakota, State of Wyoming. (Smith, Justin) |
| Filing 9 MEMORANDUM in Support of Motion re #8 MOTION for Preliminary Injunction filed by Plaintiffs State of Montana, State of Alaska, State of Arkansas, State of Iowa, State of Missouri, State of Nebraska, State of New Hampshire, State of North Dakota, State of South Dakota, State of Wyoming. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O)(Smith, Justin) |
| Filing 8 MOTION for Preliminary Injunction by Plaintiffs State of Montana, State of Alaska, State of Arkansas, State of Iowa, State of Missouri, State of Nebraska, State of New Hampshire, State of North Dakota, State of South Dakota, State of Wyoming. (Smith, Justin) |
| Filing 7 MOTION for Leave to File in Excess of Page Limitation for Preliminary Injunction by Plaintiffs State of Montana, State of Alaska, State of Arkansas, State of Iowa, State of Missouri, State of Nebraska, State of New Hampshire, State of North Dakota, State of South Dakota, State of Wyoming. (Smith, Justin) |
| Filing 6 AFFIDAVIT of Service by Plaintiffs State of Montana, State of Alaska, State of Arkansas, State of Iowa, State of Missouri, State of Nebraska, State of New Hampshire, State of North Dakota, State of South Dakota, State of Wyoming. (Attachments: #1 Exhibit)(Talent, Michael) |
| Filing 5 ENTRY of Appearance by Michael E. Talent for Plaintiffs State of Montana, State of Alaska, State of Arkansas, State of Iowa, State of Missouri, State of Nebraska, State of New Hampshire, State of North Dakota, State of South Dakota, State of Wyoming. (Talent, Michael) |
| Case Opening Notification. Judge Assigned: Honorable David D. Noce. 17 Summons(es) issued and emailed to Attorney Justin D. Smith. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. (JKL) |
| Filing 4 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (Potter, Jacob) |
| Filing 3 SUPPLEMENTAL Summons - U.S. Attorney General by Plaintiffs State of Montana, State of Alaska, State of Arkansas, State of Iowa, State of Missouri, State of Nebraska, State of New Hampshire, State of North Dakota, State of South Dakota, State of Wyoming. (Smith, Justin) |
| Filing 2 SUPPLEMENTAL Summons - U.S. Attorney - Eastern District of Missouri by Plaintiffs State of Montana, State of Alaska, State of Arkansas, State of Iowa, State of Missouri, State of Nebraska, State of New Hampshire, State of North Dakota, State of South Dakota, State of Wyoming. (Smith, Justin) |
| Filing 1 COMPLAINT against defendant All Defendants with receipt number AMOEDC-8947392, in the amount of $402 Non-Jury Demand,, filed by New Hampshire, State of, State of Nebraska, Missouri, State of Montana, Alaska, State of, State of South Dakota, State of North Dakota, State of Arkansas, Wyoming, State of, Iowa, State of. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet Civil Cover Sheet, #4 Original Filing Form Original Filing Form, #5 Summons Summons - Joseph R. Biden, Jr., #6 Summons Summons - USA, #7 Summons Summons - U.S. Office of Personnel Management, #8 Summons Summons - Kiran Ahuja, #9 Summons Summons - General Services Administration, #10 Summons Summons - Robin Carnahan, #11 Summons Summons - Office of Management and Budget, #12 Summons Summons - Shalanda Young, #13 Summons Summons - Safer Federal Workforce Task Force, #14 Summons Summons - Jeffrey Zients, #15 Summons Summons - Federal Acquisition Regulatory Council, #16 Summons Summons - Lesley Field, #17 Summons Summons - John Tenaglia, #18 Summons Summons - Jeffrey Koses, #19 Summons Summons - Karla Jackson)(Smith, Justin) |
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