Here is a collection of cases and materials on COVID vaccination mandates, with some added materials on COVID mask mandates. One of those mask mandate cases, a challenge to the CDC’s airplane mandate, is over on the CDC page.
The vaccination mandate cases start with the Supreme Court’s decisions on stays in the CMS health care worker vaccination mandate and the OSHA vaccination or test mandate cases, with the Supreme Court level filings in those cases.
Then there are the Federal Register notices, etc., on the CMS health care worker vaccination mandate, the OSHA vaccination or test mandate, and the HeadStart worker vaccination mandate;
Followed by other cases on the CMS mandate, including lower-level filings in the Eastern Missouri and Western Louisiana cases;
Then there are two cases on the HeadStart mandate; and
Other cases on the OSHA mandate.
After that — Cases on the federal contractor mandate (brought by States);
Cases on the federal employee mandate (non-military);
And cases involving religious exemptions, whether to military mandates or to State mandates or, in the Sambrano v. United Airlines case, to private employers dealing with Title VII claims to religious objections.
Finally, so far as vaccination mandates go, some miscellaneous cases.
Also included are some cases about mask mandates.
First, a link to a short-term calendar on vaccination mandate cases brought by anti-mandate States:
vaccination-mandate-cases-updated-2-12-22-12-45-pm
============
The CMS, OSHA, and Head Start cases
CMS opinion, Biden v. Missouri, No. 21A240, and Becerra v. Louisiana, No. 21A241 (January 13, 2022)
OSHA opinion, 26 Business Associations (NFIB), No. 21A244, and Ohio, No. 21A247 (January 13, 2022)
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THE CMS VACCINATION MANDATE CASES AT THE SUPREME COURT
Biden v. Missouri, No. 21A240 (Dec. 16, 2021)
Becerra v. Louisiana, No. 21A241 (Dec. 16, 2021)
===
CMS’s PRINCIPAL PLEADINGS
Biden v. Missouri, No. 21A240 (Dec. 16, 2021)
US application for stay, No. 21A240, December 16, 2021
20211216174120640_Biden v. Missouri – CMS Vaccine Mandate Stay Application
Appendix of lower court opinions
20211216174132311_21A__ Biden v. Missouri -CMS Mandate – Appendix to Govt Stay Application
Becerra v. Louisiana, No. 21A241 (Dec. 16, 2021)
US stay application, No. 21A241, December 16, 2021
20211216173745233_Becerra v. Louisiana – CMS Vaccine Mandate Stay Application
Appendix of lower-court opinions
20211216173757030_21A__ Becerra v. Louisiana – CMS Mandate – Appendix to Govt Stay Application-2
US reply, January 3, 2022
20220103092323377_21A240 21A241 – Government Combined Reply final
===
AMICUS AND OTHER FILINGS SUPPORTING CMS
AMA amicus, December 21, 2021
20211221183749235_FOR FILING CA8 COC for CA8 CMS stay app
SEIU amicus, December 22, 2021
20211222131435950_21A240_Motion for Leave and Amici Brief of SEIU et al.12.22.22
American Public Health Ass’n amicus, December 23, 2021
20211223134535380_21A240 -241 Amici Brief American Public Health Assoc
Former HHS Secretaries and CMS Administrators amicus, December 23, 2021
20211223153435342_21A240 Brief of Amici Former Federal Health Officials PDFA
===
RESPONDENT STATES’ PRINCIPAL PLEADINGS
Missouri response, and appendix, December 30, 2021
20211230120003811_Response to Stay Application
20211230120308944_Respondents Appendix
Louisiana/Arizona response, December 30, 2021
20211230141226947_CMS Stay Opp Final
===
AMICUS AND OTHER FILINGS SUPPORTING RESPONDENTS
Baptist Homes and Healthcare Ministries amicus, December 30, 2021
20211230152102552_41916 pdf Whitehead
Doctors for Disaster Preparedness amicus, January 3, 2022
20220103094648444_amici brief by DDP and EFELDF 21A240
Reliant amicus, January 3, 2022
20220103123842921_21A240 – Reliant Amicus in Support of Respondents – FINAL
===
PROCEDURAL MATTERS AT THE SUPREME COURT
| Dec 17 2021 | Response to application (21A240) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
| Dec 22 2021 | Application (21A240) referred to the Court. |
| Dec 22 2021 | Consideration of the application (21A240) for stay presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. Consideration of the application (No. 21A241) for stay presented to Justice Alito and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of one hour is allotted for oral argument. The applications are set for oral argument on Friday, January 7, 2022. |
| Dec 23 2021 | Because the Court has consolidated these applications for oral argument, future filings and activity in 21A240 and 21A241 will now be reflected on the docket of No. 21A240. Subsequent filings must therefore be submitted through the electronic filing system in No. 21A240. Any document submitted in connection with either of these applications must include on its cover the application number and caption for each application in which the filing is intended to be submitted. Where a filing is submitted in only one application, the docket entry will reflect that; a document filed in both applications will be noted as “VIDED.” |
| Dec 23 2021 | Replies, if any, shall be filed by 10am on Monday, January 3, 2022. |
Joint respondents’ motion for divided argument, December 28, 2021
20211228121827087_CMS – Joint Motion for Divided Argument
| Dec 30 2021 | Motion for divided argument filed by respondents GRANTED. VIDED. |
“Day Call” for January 7
Oral argument, January 7, 2022
Opinion, January 13, 2022
====
THE OSHA VACCINATION MANDATE AT THE SUPREME COURT
26 Business Associations, 21A244
Ohio, 21A247
==
PETITIONERS’ PRINCIPAL PLEADINGS
26 Business Associations application, 21A244, December 17 [?], 2021
Ohio stay request, 21A247, December 18 [?], 2021
20211218002842314_SCOTUS Stay Request – OSHA
Ohio reply, January 3, 2022
20220103082552049_SCOTUS Reply ISO Stay Application
NFIB reply, January 3, 2022
===
AMICUS AND OTHER FILINGS SUPPORTING PETITIONERS
Washington Legal Foundation amicus, and certificate of compliance, December 20, 2021
20211220151008010_WLF Amicus – OSHA ETS Applications
Liberty, Life and Law amicus, December 28, 2021
20211228132049446_tsac LLLF OSHA MANDATES
Tore Says amicus, December 28, 2021
20211228183343380_Tore Says LLC_Amicus Brief_SCOTUS
Standard Process amicus, December 29, 2021
20211229132956806_Motion for Leave to File and Amicus Brief
Defending the Republic amicus, December 29, 2021
We the Patriots USA amicus, December 30, 2021
20211230102947463_21A243 Amicus Brief
Advancing American Freedom amicus, December 30, 2021
20211230114342444_IN RE MCP NO. 165
IU Family for Choice, Not Mandates amicus, December 30, 2021
20211230124421999_IU VAX Amicus Brief FINAL
Center for Medical Freedom amicus, December 30, 2021
20211230151458044_NFIB v. OSHA amicus brief
America’s Frontline Doctors amicus, December 30, 2021
20211230162830733_AFLDS amicus brief in support of emergency applications re OSHA ETS cases
[183] Members of Congress amicus, December 30, 2021
20211230171756458_MOC Amicus FINAL
Texas Values amicus, January 3, 2022
Feliciano amicus, January 5, 2022
20220105155856533_21A OSHA Mandate Amicus
400 Physicians, etc., amicus, January 6, 2022
20220106142119366_OSHA Amicus final
Two Unnamed Workers amicus, January 6, 2022
20220106153032887_AMICUS BRIEF-1-6-2022
American Commitment Foundation amicus, January 6, 2022
20220106153204637_220103a Motion and Brief for efiling
===
OSHA’S PRINCIPAL PLEADINGS
OSHA response, December 30, 2021
20211230152222881_21A243 et al OSHA stay opp
===
AMICUS AND OTHER FILINGS SUPPORTING OSHA
Former OSHA Administrators amicus, December 22, 2021
20211222083203225_Jeffress et al amicus brief – S Ct 2021.12.22
Constitutional Accountability Center amicus, December 23, 2021
20211223104532114_OSHA Scotus Motion Brief FINAL
AFL-CIO petitioners’ opposition, December 30, 2021
20211230111100851_Union Petitioners Opposition Brief esigned
American Public Health Ass’n amicus, December 30, 2021
20211230132243997_21A244 -247 bsac American Public Health Assoc
American Medical Ass’n amicus, December 30, 2021
20211230135726547_FOR FILING SCOTUS OSHA ETS amicus
Local Unions’ amicus, December 30, 2021
20211230141352503_IBEW 97 1249 Vaccine Mandate Amicus Brief FINAL
National Disability Rights Network amicus, December 30, 2021
Small Business Majority amicus, December 30, 2021
20211230154524540_41925 Markos Amicus brief
Alsco, Inc., amicus, January 6, 2022
20220106130154976_2022-01-06 Alsco – Vaccine Mandate ETS – Amicus Brief
===
PROCEDURAL MATTERS AT THE SUPREME COURT
| Dec 20 2021 | Response to application (21A244) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
| Dec 22 2021 | Application (21A244) referred to the Court. |
| Dec 22 2021 | Consideration of the applications (21A244 and 21A247) for stay presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of one hour is allotted for oral argument. The applications are set for oral argument on Friday, January 7, 2022. |
| Dec 23 2021 | Because the Court has consolidated these applications for oral argument, future filings and activity in 21A244 and 21A247 will now be reflected on the docket of No. 21A244. Subsequent filings in No. 21A244 and/or 21A247 must therefore be submitted through the electronic filing system in No. 21A244. Any document submitted in connection with either of these applications must include on its cover the application number and caption for each application in which the filing is intended to be submitted. Where a filing is submitted in only one application, the docket entry will reflect that; a document filed in both applications will be noted as “VIDED.” |
Movants’ motion for divided argument, December 23, 2021
20211223104532114_OSHA Scotus Motion Brief FINAL
| Dec 23 2021 | Replies, if any, shall be filed by 10am on Monday, January 3, 2022. |
| Dec 30 2021 | Motion for divided argument filed by applicants GRANTED. VIDED. |
“Day Call” for January 7
Oral argument, January 7, 2022
Opinion, January 13, 2022
===
OTHER OSHA-CASE APPLICATIONS TO THE SUPREME COURT
Job Creators Network application to stay, 21A243, December 17 [?], 2021
26 Business Associations application, 21A244, December 17 [?], 2021
Phillips Manufacturing application, 21A245, December 17 [?], 2021
Southern Baptist application, 21A246, December 17 [?], 2021
Ohio stay request, 21A247, December 18 [?], 2021
BST Holdings application, 21A248, December 18 [?], 2021
Heritage Foundation application, 21A249, December 18 [?], 2021
Word of God Fellowship application, 21A250, December 20 [?], 2021
Associated Builders & Contractors application, 21A251, December 20, 2021
Bedke application, 21A252, December 20, 2021
Republican National Committee application, 21A258, December 20 [?], 2021
Betten Chevrolet application, 21A259, December 20 [?], 2021
Bentkey application, 21A260, December 21, 2021
FabArc application, 21A267, December 21 [?], 2021
===
Job Creators Network application to stay, 21A243, December 17 [?], 2021
20211217193352859_Application to Stay
| Dec 20 2021 | Response to application (21A243) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
Washington Legal Foundation amicus, and certificate of compliance, December 20, 2021
20211220151008010_WLF Amicus – OSHA ETS Applications
Former OSHA Administrators amicus, December 22, 2021
20211222083203225_Jeffress et al amicus brief – S Ct 2021.12.22
Constitutional Accountability Center amicus, December 23, 2021
20211223104532114_OSHA Scotus Motion Brief FINAL
—-
26 Business Associations application, 21A244, December 17 [?], 2021
| Dec 20 2021 | Response to application (21A244) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
| Dec 22 2021 | Application (21A244) referred to the Court. |
| Dec 22 2021 | Consideration of the applications (21A244 and 21A247) for stay presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of one hour is allotted for oral argument. The applications are set for oral argument on Friday, January 7, 2022. |
—-
Phillips Manufacturing application, 21A245, December 17 [?], 2021
20211217194922190_Phillips Stay App
| Dec 20 2021 | Response to application (21A245) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
—-
Southern Baptist application, 21A246, December 17 [?], 2021
20211217225901961_2021.12.17 In Re OSHA Emergency Application for Stay and Cert with Appendix
| Dec 20 2021 | Response to application (21A246) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
—-
Ohio stay request, 21A247, December 18 [?], 2021
20211218002842314_SCOTUS Stay Request – OSHA
| Dec 20 2021 | Response to application (21A247) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
| Dec 22 2021 | Application (21A247) referred to the Court. |
| Dec 22 2021 | Consideration of the applications (21A244 and 21A247) for stay presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of one hour is allotted for oral argument. The applications are set for oral argument on Friday, January 7, 2022. |
—
BST Holdings application, 21A248, December 18 [?], 2021
20211218024838102_2021-12-18 BST Emergency Application SCOTUS v14 BK
| Dec 20 2021 | Response to application (21A248) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
—-
Heritage Foundation application, 21A249, December 18 [?], 2021
20211218232059023_Heritage SCOTUS application
| Dec 20 2021 | Response to application (21A249) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
—-
Word of God Fellowship application, 21A250, December 20 [?], 2021
20211219003823815_Emerg App Stay w Appx Final
| Dec 20 2021 | Response to application (21A250) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
—-
Associated Builders & Contractors application, 21A251, December 20, 2021
20211220115120623_211220 ABC and IECs Emergency Application for Immediate Stay with Appendix
| Dec 20 2021 | Response to application (21A251) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
—
Bedke application, 21A252, December 20, 2021
20211220152349168_Emergency Application For Stay
| Dec 20 2021 | Response to application (21A252) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
Republican National Committee application, 21A258, December 20 [?], 2021
| Dec 20 2021 | Response to application (21A258) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
—-
Betten Chevrolet application, 21A259, December 20 [?], 2021
20211220165423040_Betten Mtn for Stay SCOTUS-12-20-21-filing
| Dec 20 2021 | Response to application (21A259) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
—
Bentkey application, 21A260, December 21, 2021
20211220214129170_20211220_Bentkey_SCOTUS_Mot_Emergency_Stay_Petition_Cert_FINAL
| Dec 21 2021 | Response to application (21A260) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
—
FabArc application, 21A267, December 21 [?], 2021
20211221184231708_FabArc Application and Appendix Combined
| Dec 22 2021 | Response to application (21A267) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
—
FEDERAL MANDATES: CMS, OSHA, HEADSTART
The CMS health care worker vaccine mandate, November 5, 2021
86 Fed. Reg. 61,555 (Nov. 5, 2021)
Non Federal Register version, November 4, 2021
CMS regulations being amended
The CMS vaccination mandate applies to_
The OSHA vaccine mandate, November 5, 2021
86 Fed. Reg. 61,402 (Nov. 5, 2021)
Non Federal Register version, November 4, 2021
OSHA withdrawal of the ETS, January 25/26, 2022
CMS frequently asked questions, November 2021
CMS Omnibus Staff Vax Requirements – External FAQ (508 Compliant)
CMS QSO memo, December 28, 2021
QSO-22-07 ALL Attachment A – LTC
CMS QSO memo, with attachments, January 14, 2022
QSO-22-09 ALL-Injunction Lifted
CMS QSO memo (re Texas), January 20, 2022
QSO-22-11 ALL-Injunction Lifted
[Attachments omitted]
CMS QSO memo on mandate applying to surveyors, January 25, 2022
Governors Justice and Youngkin’s letter to CMS re waivers, January 31, 2022
013122-Joint-Governors-Letter-on-CMS-Vaccine-Mandate
CMS letter to facility administrators, February 1, 2022
Facility Admin Letter on Vax Rule_January 28-508
CMS memo re surveys, February 9, 2022
The HeadStart vaccine mandate, 86 Fed. Reg. 68,052 (Nov. 30, 2021)
========
States’ petition, ? November 18, 2022
===
OTHER OSHA-CASE APPLICATIONS TO THE SUPREME COURT
Job Creators Network application to stay, 21A243, December 17 [?], 2021
26 Business Associations application, 21A244, December 17 [?], 2021
Phillips Manufacturing application, 21A245, December 17 [?], 2021
Southern Baptist application, 21A246, December 17 [?], 2021
Ohio stay request, 21A247, December 18 [?], 2021
BST Holdings application, 21A248, December 18 [?], 2021
Heritage Foundation application, 21A249, December 18 [?], 2021
Word of God Fellowship application, 21A250, December 20 [?], 2021
Associated Builders & Contractors application, 21A251, December 20, 2021
Bedke application, 21A252, December 20, 2021
Republican National Committee application, 21A258, December 20 [?], 2021
Betten Chevrolet application, 21A259, December 20 [?], 2021
Bentkey application, 21A260, December 21, 2021
FabArc application, 21A267, December 21 [?], 2021
===
Job Creators Network application to stay, 21A243, December 17 [?], 2021
20211217193352859_Application to Stay
| Dec 20 2021 | Response to application (21A243) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
Washington Legal Foundation amicus, and certificate of compliance, December 20, 2021
20211220151008010_WLF Amicus – OSHA ETS Applications
Former OSHA Administrators amicus, December 22, 2021
20211222083203225_Jeffress et al amicus brief – S Ct 2021.12.22
Constitutional Accountability Center amicus, December 23, 2021
20211223104532114_OSHA Scotus Motion Brief FINAL
—-
26 Business Associations application, 21A244, December 17 [?], 2021
| Dec 20 2021 | Response to application (21A244) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
| Dec 22 2021 | Application (21A244) referred to the Court. |
| Dec 22 2021 | Consideration of the applications (21A244 and 21A247) for stay presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of one hour is allotted for oral argument. The applications are set for oral argument on Friday, January 7, 2022. |
—-
Phillips Manufacturing application, 21A245, December 17 [?], 2021
20211217194922190_Phillips Stay App
| Dec 20 2021 | Response to application (21A245) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
—-
Southern Baptist application, 21A246, December 17 [?], 2021
20211217225901961_2021.12.17 In Re OSHA Emergency Application for Stay and Cert with Appendix
| Dec 20 2021 | Response to application (21A246) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
—-
Ohio stay request, 21A247, December 18 [?], 2021
20211218002842314_SCOTUS Stay Request – OSHA
| Dec 20 2021 | Response to application (21A247) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
| Dec 22 2021 | Application (21A247) referred to the Court. |
| Dec 22 2021 | Consideration of the applications (21A244 and 21A247) for stay presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of one hour is allotted for oral argument. The applications are set for oral argument on Friday, January 7, 2022. |
—
BST Holdings application, 21A248, December 18 [?], 2021
20211218024838102_2021-12-18 BST Emergency Application SCOTUS v14 BK
| Dec 20 2021 | Response to application (21A248) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
—-
Heritage Foundation application, 21A249, December 18 [?], 2021
20211218232059023_Heritage SCOTUS application
| Dec 20 2021 | Response to application (21A249) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
—-
Word of God Fellowship application, 21A250, December 20 [?], 2021
20211219003823815_Emerg App Stay w Appx Final
| Dec 20 2021 | Response to application (21A250) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
—-
Associated Builders & Contractors application, 21A251, December 20, 2021
20211220115120623_211220 ABC and IECs Emergency Application for Immediate Stay with Appendix
| Dec 20 2021 | Response to application (21A251) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
—
Bedke application, 21A252, December 20, 2021
20211220152349168_Emergency Application For Stay
| Dec 20 2021 | Response to application (21A252) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
Republican National Committee application, 21A258, December 20 [?], 2021
| Dec 20 2021 | Response to application (21A258) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
—-
Betten Chevrolet application, 21A259, December 20 [?], 2021
20211220165423040_Betten Mtn for Stay SCOTUS-12-20-21-filing
| Dec 20 2021 | Response to application (21A259) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
—
Bentkey application, 21A260, December 21, 2021
20211220214129170_20211220_Bentkey_SCOTUS_Mot_Emergency_Stay_Petition_Cert_FINAL
| Dec 21 2021 | Response to application (21A260) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
—
FabArc application, 21A267, December 21 [?], 2021
20211221184231708_FabArc Application and Appendix Combined
| Dec 22 2021 | Response to application (21A267) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
Mark Lemley, The Imperial Supreme Court, 136 Harvard Law Review 97 (2022)
====
CASES CHALLENGING THE CMS VACCINATION MANDATE
Map of states challenging the CMS vaccination mandate
Map of CMS vaccination mandate cases 12 15 21
Missouri v. Biden, No. 4:21-cv-1329 (E.D. Mo.), No. 21-3725 (8th Cir.), No. 21A240
Louisiana v. Becerra, No. 3:21-cv-3970 (W.D. La.), No. 21-30734 (5th Cir.), No. 21A241
Texas v. Becerra, No. 2:21-cv-229 (N.D. Tex.)
Florida v. D.H.H.S., No. 3:21-cv-2722 (N.D. Fla.), No. 21-14098 (11th Cir.)
List of states challenging the CMS vaccination mandate in the Missouri (M), Louisiana (L), Texas (T), and Florida (F) cases
Alabama (L)
Alaska (M)
Arizona (L)
Arkansas (M)
Florida (F)
Georgia (L)
Idaho (L)
Indiana (L)
Iowa (M)
Kansas (M)
Kentucky (L)
Louisiana (L)
Mississippi (L)
Missouri (M)
Montana (L)
Nebraska (M)
New Hampshire (M)
North Dakota (M)
Ohio (L)
Oklahoma (L)
South Carolina (L)
South Dakota (M)
Texas (T)
Utah (L)
West Virginia (L)
Wyoming (M)
========
The Missouri case against the CMS vaccine mandate
Missouri v. Biden, No. 4:21-cv-1329 (E.D. Mo., filed Nov. 10, 2021)
Complaint
Motion for preliminary injunction, and memo in support with exhibits, November 12, 2021
MO v CMS PI memo with exhibits
Motion to expedite, November 12, 2021
McElvain entry of appearance, November 16, 2021
US opposition to expediting, November 16, 2021
Reply supporting expediting, November 17, 2021
| 11/17/2021 | 18 | ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Matthew T. Schelp: Attorneys Only Scheduling Conference held on 11/17/2021 via Zoom. Scheduling Order to follow. (proceedings started: 12:00 PM) (proceedings ended: 12:15 PM) (Appearance for Plaintiff: Dean John Sauer, Jesus Osete, James Cambell)(Appearance for Defendant: Joel McElvain) (BRP) (Entered: 11/17/2021) |
Scheduling order, November 17, 2021
Reliant amicus, November 21, 2021
US opposition to preliminary injunction, November 22, 2021
States’ reply supporting preliminary injunction, November 23, 2021
Order for preliminary injunction, November 29, 2021
US notice of appeal, November 30, 2021
MO v CMS US notice of appeal 11 30
Motion for stay pending appeal, and memorandum, November 30, 2021
Eighth Circuit # 21-3725
US emergency motion for stay pending appeal, November 30, 2021
8C CMS emergency mo for stay pending appeal 11 30
Trial court order denying stay pending appeal, December 1, 2021
Eighth Circuit order requesting response by 12/8, December 2, 2021
US notice of additional authority (Eleventh Circuit), December 6, 2021
Second US notice of additional authority (Eleventh Circuit opinion), December 6, 2021
American College of Physicians amicus, December 7, 2021
8C Am Coll Physicians amicus 12 7
Clerk order re response deadline of 12 10 for leave to file amicus, December 8, 2021
8C clerk order for response deadline re amicus 12 8
Missouri opposition to US emergency motion for stay, December 8, 2021
8C MO op stay pending appeal 12 8
Missouri response to Eleventh Circuit order, December 8, 2021
US reply supporting stay, December 9, 2021
Reliant amicus opposing stay, December 10, 2021
8C Reliant amicus opposing stay 12 10
Order denying stay, December 13, 2021
Revised order denying stay (listing panel members), December 13, 2021
8C stay denial w panel members 12 13
US application for stay, No. 21A240, December 16, 2021
20211216174120640_Biden v. Missouri – CMS Vaccine Mandate Stay Application
Appendix of lower court opinions
20211216174132311_21A__ Biden v. Missouri -CMS Mandate – Appendix to Govt Stay Application
For further Supreme Court proceedings, see “The CMS Vaccination Mandate Cases at the Supreme Court,” above
Consent motion for stay of trial court proceedings, December 22, 2021
mo-v-cms-consent-mo-stay-12-22
Stay of trial court proceedings, December 22, 2021
Appellants’ brief, February 3, 2022
Amended complaint, February 23, 2022
MO v CMS first amended complaint 2 23
Motion to lift stay, and memorandum in support, February 23, 2022
Motion to expedite consideration of motion to lift stay, February 23, 2022
MO v CMS mo expedite lifting stay 2 23
Appellees’ brief, March 1, 2022
Missouri motion for expedited consideration, March 2, 2022
8C MO motion expedited consideration 3 2
Missouri additional authority (Senate resolution), March 3, 2022
Eighth Circuit scheduling order, March 3, 2022
[US reply brief due 3/22]
Plaintiffs’ reply supporting lifting stay, March 21, 2022
MO v CMS pltf lift stay reply 3 21
US reply brief, March 22, 2022
Order denying leave to amend, March 23, 2022
MO v CMS order denying leave 3 23
Eighth Circuit order, judgment, mandate, April 11, 2022
Cert petition, No. 21-1463 (May 12, 2022)
20220518122351130_No. ___ PetitionForAWritOfCertiorari
Unopposed US motion to continue trial court stay, May 26, 2022
MO v CMS US unop mo stay 5 26 22
Stay order, May 27, 2022
America’s Future amicus, June 21, 2022
20220621172414955_Missouri v Biden amicus brief
US cert opposition, June 21, 2022
20220621153030510_No. 21-1463 Missouri v. Biden – final
Plaintiffs’ cert reply, September 9, 2022
20220914111646037_2022-09-09 – CMS Vaccine Mandate – Cert Petition Reply Brief – Final With Tables
| Oct 03 2022 | Petition DENIED. |
Stipulation re answer date, October 12, 2022
MO v CMS stip re schedule 10 12 22
US motion to dismiss, with memorandum, November 2, 2022
Joint motion for scheduling order, November 7, 2022
MO v B joint mo for schedule 11 7 22
Scheduling order, November 8, 2022
MO v B scheduling order 11 8 22
Opposition due, 11/30; reply, 1/6/23
Amended complaint, November 23, 2022
MO v B amended complaint 11 23
Joint motion to accept first amended complaint, November 28, 2022
MO v B joint mo re 1st am c 11 28 22
Order, November 29, 2022
Scheduling proposal, December 22, 2022
MO v B sched proposal 12 22 22
Defendants propose that their Motion will be due by January 20, 2023, Plaintiffs’ opposition will be due by February 15, and Defendants’ reply, if any, will be due by March 10.
Scheduling order, December 27, 2022
US motion to dismiss, and memo, January 20, 2023
MO v B US dism mo am c 1 20 23
Plaintiffs’ request to exceed page limits, with draft opposition, February 15, 2023
MO v B dism op page limit xt 2 15 23
Plaintiffs’ opposition, February 16, 2023
US reply, March 31, 2023
==========
The Louisiana case against the CMS vaccine mandate
Louisiana v. Becerra, No. 3:21-cv-3970 (W.D. La., filed Nov. 15, 2021)
Complaint
Motion for preliminary injunction, with exhibits, November 15, 2021
Louisiana v. Becerra PI mo w xhib
Service and scheduling order, November 16, 2021
Revised scheduling order, November 17, 2021
LA v CMS scheduling order 11 17
First Amended Complaint (adding Ohio and Kentucky), November 22, 2021
Ohio/Kentucky joinder in preliminary injunction motion, November 22, 2021
US opposition to preliminary injunction (attached to motion for leave to file excess pages), November 26/29, 2021
LA v CMS US mo leave exceed pages with PI op 11 26
States’ motion for expedited consideration, November 29, 2021
Order granting expedited consideration, promising ruling by 12/5, November 29, 2021
States’ reply supporting preliminary injunction, November 29/30, 2021
Preliminary injunction, and order, November 30, 2021
Notice of appeal, December 1, 2021
Motion for stay pending appeal, December 1, 2021
LA v CMS US mo stay pending appeal 12 1
Fifth Circuit # 21-30734
Order denying stay pending appeal, December 1, 2021
LA v CMS order denying stay pending appeal 12 1
US emergency motion for stay pending appeal, December 2, 2021
5C LA v CMS CMS emergency mo stay pending
States’ opposition to stay pending appeal, December 3, 2021
US reply supporting stay, December 5, 2021
US additional authority letter (11th Circuit), December 6, 2021
Second US additional authority letter (11th Circuit opinion), December 6, 2021
5C US notice addl auth (11C) 12 6
Fifth Circuit stay denial and stay grant, December 15, 2021
5C stay and no stay order 12 15
US stay application, No. 21A241, December 16, 2021
20211216173745233_Becerra v. Louisiana – CMS Vaccine Mandate Stay Application
Appendix of lower-court opinions
20211216173757030_21A__ Becerra v. Louisiana – CMS Mandate – Appendix to Govt Stay Application-2
For further Supreme Court proceedings, see “The CMS Vaccination Mandate Cases at the Supreme Court,” above
Briefing notice, December 20, 2021
5C LA v CMS briefing notice 12 20
US opening brief due 1/31/22
US motion to stay trial court proceedings, January 6, 2022
States’ opposition to staying trial court proceedings, January 14, 2022
LA v CMS states’ op to tc stay 1 14
US reply, January 18, 2022
Order denying stay, January 18, 2022
LA v CMS order denying stay 1 18
US opening brief, January 31, 2022
Consent US motion for extension of time to answer, February 1, 2022
TX v CMS consent mo xt answer 2 1
Motion for leave to file second amended complaint, February 4, 2022
LA v CMS mo leave 2d amended c 2 4
Scheduling order (responses due 2/25), February 4, 2022
LA v CMS order setting 2 25 DL 2 4
| 02/04/2022 | 53 | ELECTRONIC MINUTE ENTRY: Defendant’s response as to 51 MOTION to Amend/Correct with opposition is due by 5:00 p.m. on 2/7/202. Signed by Judge Terry A Doughty on 2/4/2022. (crt,Crawford, A) (Entered: 02/04/2022) |
| 02/04/2022 | NOTICE of Corrective Action regarding 52 Notice of Motion Setting. Action taken: Entry marked issued in error. See Electronic Minute Entry for Response Deadline. (crt,Crawford, A) (Entered: 02/04/2022) |
US opposition, February 7, 2022
Minute order for reply 2/8, February 7, 2022
Louisiana reply, February 8, 2022
Order denying motion for leave to amend, but, February 9, 2022
LA v CMS partial denial mo amend 2 9
Emergency motion to remand, February 10, 2022
5C LA emer remand exhibits 2 10
Scheduling order for response by 5 pm 2/11, February 10, 2022
5C order for response 2 11 2 10
Louisiana notice re Fifth Circuit remand motion, February 11, 2022
LA v CMS LA notice re 5C remand request 2 11
US opposition to emergency motion to remand, February 11, 2022
Louisiana reply supporting remand, February 12, 2022
Order denying remand, “opinion to follow,” February 12, 2022
5C order denying remand opinion to follow 2 12
Emergency petition for rehearing en banc, February 13, 2022
5C expedited petition for rheb 2 13
Opinion denying remand, February 14, 2022
5C opinion denying remand 2 14
Motion to amend emergency petition, with amended petition, February 15, 2022
Motion to amend emergency petition, February 15, 2022
5C LA mo leave amend pet rheb 2 15
Proposed amended emergency petition for rehearing en banc, February 15, 2022
5C LA proposed amended pet rheb 2 15
Louisiana notice re federal position on amendment, February 16, 2022
5C LA notice to court re federal position 2 16
Order allowing amended petition, February 16, 2022
5C order allowing amended petition 2 16
Tennessee/Virginia amicus, February 17, 2022
Fifth Circuit no action on amicus order, February 17, 2022
| 02/17/2022 | PROPOSED SUFFICIENT BRIEF filed by State of Tennessee in 21-30734 [9779533-2] Brief has been deemed sufficient. Sufficient Brief deadline satisfied [21-30734] (MCS) [Entered: 02/17/2022 05:02 PM] |
Motion for extension of time to answer first amended complaint, February 23, 2022
LA v CMS mo xt answer 1st am c 2 23
Fifth Circuit order requesting response by 5 pm 2/24, February 24, 2022
5C LA v CMS order requesting response 2 24
US response, February 24, 2022
Order granting extension to answer first amended complaint, February 28, 2022
LA v CMS order granting xt answer 1st am c 2 28
Appellees’ brief, with notice requiring corrections, March 2, 2022
LA v CMS appellee brief uncorrected version 3 2
LA v CMS appellee brief correction notice 3 2
Order denying rehearing en banc, March 3, 2022
5C LA v CMS order denying rheb 3 3
Louisiana motion to expedite appeal, March 7, 2022
5C LA v CMS LA mo expedite 3 7
US opposition to expediting, March 8, 2022
Order denying motion to expedite appeal, March 8, 2022
5C order denying expediting 3 8
Tennessee amicus, March 9, 2022
US reply brief (uncorrected), March 14, 2022
5C LA v CMS US reply br uncorrected 3 14
US motion to dismiss first amended complaint, March 17, 2022
Order setting deadlines for US motion, March 18, 2022
LA v CMS notice of motion setting 3 18
[Response, 4/8, reply, a week after response]
Louisiana opposition, April 8, 2022
LA v CMS pltf op mo dism 1st am C 4 8
| 04/26/2022 | CASE CALENDARED for oral argument on Monday, 06/06/2022 in New Orleans in the West Courtroom — AM session. In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court’s docket and an acknowledgment form. All other counsel of record should monitor the court’s website for the posting of the oral argument calendars.. [21-30734] (PFT) [Entered: 04/26/2022 08:30 AM] |
US reply supporting dismissal, April 29, 2022
Tennessee motion to participate in oral argument, May 9, 2022
5C LA v CMS TN mo participate OA 5 9
Order allowing Tennessee to participate, May 11, 2022
[oral argument set for 6/6]
US update re Missouri v. Biden, May 27, 2022
| 06/06/2022 | ORAL ARGUMENT HEARD before Judges Jolly, Elrod, Haynes. Arguing Person Information Updated for: Clark Lassiter Hildabrand arguing for Amicus Curiae State of Tennessee; Arguing Person Information Updated for: Alisa Beth Klein arguing for Appellant Secretary Becerra, U.S. Department of Health and Human Services, Appellant Chiquita Brooks-Lasure, Appellant Centers for Medicare and Medicaid Services; Arguing Person Information Updated for: Elizabeth Baker Murrill arguing for Appellee Commonwealth of Kentucky, Appellee State of Alabama, Appellee State of Arizona, Appellee State of Georgia, Appellee State of Idaho, Appellee State of Indiana, Appellee State of Louisiana, Appellee State of Mississippi, Appellee State of Montana, Appellee State of Ohio, Appellee State of Oklahoma, Appellee State of South Carolina, Appellee State of Utah [21-30734] (PFT) [Entered: 06/06/2022 10:05 AM] |
Order, June 13, 2022
Notice for June 29 status conference, June 16, 2022
LA v CMS order for 6 29 status conf 6 16
Status conference minutes, June 29, 2022
LA v CMS status conference minutes 6 29
[]
Magistrate’s recommendation re motion to dismiss, November 3, 2022
Plaintiffs’ objection to magistrate’s recommendation, November 17, 2022
US response to plaintiffs’ objection, December 1, 2022
LA v CMS def reply pltf obj 12 1 22
Order adopting recommendation, December 2, 2022
LA v CMS order adopting rec 12 2 22
===
Not filed in the Louisiana case: Gen. Landry’s press release, February 4, 2022
https://www.ag.state.la.us/Article/13000
=============
The Texas case against the CMS vaccine mandate
Texas v. Becerra, No. 2:21-cv-229 (N.D. Tex., filed Nov. 15, 2021)
Complaint
Motion for TRO and preliminary injunction; memo; appendix, November 16, 2021
TX v CMS vm TRO PI appendix 11 16
US status report, and corrected status report, November 17, 2021
TX v CMS US status report 1 11 17
TX v CMS US corrected status report 11 17
Scheduling order, November 17, 2021
Texas Republican Delegation amicus, November 23, 2021
[motion]
Texas Republican Delegation amicus 11 23
Texas Republican Delegation amended amicus, November 23, 2021
Texas Republican Delegation amended amicus 11 23
US opposition to preliminary injunction, November 28, 2021
Administrative record, November 28, 2021
[]
[]
[]
| 11/29/2021 | 33 | Notice of Hearing: Preliminary Hearing RESET for 12/2/2021 @ 09:00 AM in US Courthouse, Courtroom 1st Floor, 205 S. E. 5th Ave., Amarillo, TX 79101-1559 before Judge Matthew J. Kacsmaryk. (vls) (Entered: 11/29/2021) |
Texas reply supporting preliminary injunction, November 30, 2021
US motion to stay in light of nationwide preliminary injunction (LA), December 1, 2021
Texas opposition to stay, December 1, 2021
US notice of additional authority (Florida), December 1, 2021
TX v CMS US notice new auth (FL) 12 1
Order deferring ruling on stay and requiring US answers to questions, December 1, 2021
TX v CMS order re stay, US explanations 12 1
[Hearing, 12/2]
Texas notice re US motion for stay in Louisiana case, December 2, 2021
TX v CMS TX notice of US 5C stay mo LA 12 2
| 12/03/2021 | 40 | ELECTRONIC ORDER: Defendants are ORDERED to file through counsel a notice to the Court outlining the actions Defendants have taken and intend to take to communicate to the affected providers and suppliers and to the general public of the preclusive effect on the CMS Vaccine Mandate of the Western District of Louisiana’s preliminary injunction. Defendants shall file the notice on or before Friday, December 3, 2021, at 5:00 p.m. CST. (Ordered by Judge Matthew J. Kacsmaryk on 12/3/2021) (nhp) (Entered: 12/03/2021) |
CMS response, December 3, 2021
Links to some of the documents mentioned in the CMS response —
CMS Omnibus Staff Vax Requirements – External FAQ – Clean – Update 1 – 12.2.21 (508 Compliant)
Stay order, December 3, 2021
Texas Conservative Coalition amicus, December 8, 2021
Texas notice re Fifth Circuit order, December 15, 2021
TX v CMS TX notice re 5C 12 15
US notice re various appellate orders, December 15, 2021
TX v CMS US notice of 3 cases including 5C
Order for emergency hearing at 3 pm CST, December 15, 2021
TX v CMS order for emergency hearing 12 15
Preliminary injunction opinion, December 15, 2021
Order lifting stay, December 28, 2021
TX v CMS order lifting stay 12 28
US motion to stay trial court proceedings, January 4, 2022
TX v CMS vax US mo stay tc 1 4
Texas response to motion to stay trial court proceedings, January 5, 2022
US notice of appeal, January 14, 2022
US motion for stay pending appeal, January 14, 2022
Fifth Circuit # 22-10049
| 01/14/2022 | 62 | ORDER: The Court ORDERS Plaintiffs to respond to Defendants’ Motion for Stay of Injunction on or before Tuesday, January 18, 2022, by 5:00 p.m. (CST). (Ordered by Judge Matthew J. Kacsmaryk on 1/14/2022) (vls) (Entered: 01/14/2022) |
Texas motion to dismiss own case without prejudice, January 18, 2022
TX v CMS TX mo dism w o prej 1 18
Texas opposition to allegedly moot motion for stay pending appeal, January 18, 2022
US reply supporting trial court stay pending appeal, January 19, 2022
TX v CMS US reply supporting tc stay 1 19
Dismissal order, January 19, 2022
US motion voluntarily to dismiss appeal, January 22, 2022
5C TX v CMS US unop mo dism 1 22
=========
The Florida case against the CMS vaccine mandate
Florida v. D.H.H.S., No. 3:21-cv-2722 (N.D. Fla., filed Nov. 17, 2021)
Complaint
Motion for TRO/preliminary injunction, November 17, 2021
Florida notice of similar case, November 18, 2021
FL v CMS notice of similar case 11 18
[Darling v. Sacred Heart Health System, No. 3:21-cv-1787 (N.D. Fla., filed Oct. 27, 2021)
Complaint
Motion and memo for TRO, October 28, 2021
Scheduling order, November 1, 2021
Defendants’ TRO opposition, November 3, 2021
Plaintiffs’ reply supporting TRO, November 5, 2021
Darling reply supporting TRO 11 5
Plaintiffs’ supplemental authority (5C stay), November 9, 2021
Order denying TRO and preliminary injunction, November 10, 2021
Darling order denying TRO and PI 11 10
]
Order denying TRO, November 20, 2021
FL v CMS order denying PI 11 20
Notice of appeal, November 23, 2021
Emergency motion for injunction pending appeal, November 23, 2021
Eleventh Circuit # 21-14098
Order denying stay, scheduling hearing, November 27, 2021
FL v CMS order denying stay and scheduling hearing 11 27
Joint motion to vacate briefing and hearing, November 28, 2021
FL v CMS joint mo vacate 11 28
Referral and Order, November 29, 2021
FL v CMS Referral and Order 11 29
Time-sensitive motion for injunction pending appeal, November 29, 2021
11C time sensitive ipa mo 11 29
Florida additional authority (Louisiana), December 1, 2021
11C FL v CMS addl auth LA 12 1
Order in aid of appeal, December 1, 2021
| 12/02/2021 | Public Communication: The court requests that the Appellees file a response to the motion for an injunction pending appeal by tomorrow, Friday, December 3, 2021 no later than Noon (12:00pm). [Entered: 12/02/2021 10:46 AM] |
US response to Florida motion for stay, December 3, 2021
11C US op to emergency stay 12 3
Florida reply supporting stay, December 3, 2021
11C FL reply supporting stay 12 3
Eleventh Circuit order denying stay, December 5, 2021
11C FL v CMS order denying stay 12 5
Opinion, December 6, 2021
11C FL v CMS opinion denying stay 12 6
Joint motion to stay trial proceedings, December 10, 2021
FL v CMS joint mo stay trial ct 12 10
Stay order, December 13, 2021
Florida request for initial hearing en banc, December 16, 2021
Florida additional authority (Texas), December 16, 2021
11C FL v CMS FL addl auth (ND TX) 12 16
Order denying initial hearing en banc request, January 11, 2022
Unopposed Florida motion voluntarily to dismiss appeal, January 21, 2022
Dismissal order, January 25, 2022
Notice of voluntary dismissal, February 4, 2022
FL v CMS FL notice vol dism 2 4
=======
An example of CMS regulation, 1989 –54 Fed. Reg. 5316 (Feb. 2, 1989)
House Republicans’ letter urging US to withdraw CMS mandate, December 6, 2021
CMS Vaccine Mandate Opposition Letter (1)
Petition to revoke CMS mandate, November 17, 2022
11.17.22 CMS petition for rulemaking
===========
THE CASES CHALLENGING THE HEAD START VACCINATION MANDATE
Texas v. Becerra, No. 5:21-cv-300 (N.D. Tex., filed Dec. 10, 2021)
Louisiana v. Becerra, No. 3:21-cv-4370 (W.D. La., filed Dec. 21, 2021)
Texas v. Becerra, No. 5:21-cv-300 (N.D. Tex., filed Dec. 10, 2021)
Complaint
[]
| 12/30/2021 | 40 | ELECTRONIC Minute Entry for proceedings held before Judge James Wesley Hendrix: Motion Hearing held on 12/30/2021 re 6 Motion for TRO and Motion for Preliminary Injunction filed by State of Texas & Lubbock Independent School District. Arguments from both parties heard by the Court. Court will make ruling no later than January 3, 2022. Attorney Appearances: Plaintiff – Charles Eldred/Amy Wills/Amy Hilton; Defense – Madeline McMahon/Christopher Edelman. (Court Reporter: Mechelle Daniel) (Plfs’ Exhibits 1-13 & 15-18 admitted/Plfs’ Exhibit 14 not admitted, taken under advisement by the Court – All exhibits returned to party) Time in Court – 2:00. (chmb) (Entered: 12/30/2021) |
Preliminary injunction, December 31, 2021
| 03/02/2022 | 45 | ORDER: On December 31, 2021, the Court issued a memorandum opinion and order granting the plaintiffs motion for a preliminary injunction. The defendants deadline to appeal the preliminary injunction expired on March 1, 2022. Thus, there will be no appeal of the preliminary injunction, and the case remains in this Court. Defendants answer to the complaint is due no later than March 16, 2022. Dkt. No. 44. Given that the Court received extensive briefing, evidence, and oral argument during the preliminary-injunction proceedings, the Court also orders the parties to file a joint status report no later than March 16, 2022. The parties must inform the Court how they propose to proceed. To the extent the parties disagree, the joint report should explain each sides proposal. Following the answer and joint status report, the Court will issue an appropriate order. (Ordered by Judge James Wesley Hendrix on 3/2/2022) (lkw) (Entered: 03/02/2022) |
Joint status report, March 16, 2022
TX HS joint status report 3 16
US motion to dismiss, motion for summary judgment, and supporting brief, March 16, 2022
Scheduling order, March 18, 2022
Plaintiffs’ motion for summary judgment, April 13, 2022
US opposition, and memo, May 4, 2022
Lubbock opposition to US motion to dismiss, and memo, May 4, 2022
US reply, May 18, 2022
Lubbock reply, May 18, 2022
US additional authority (Sixth Circuit), May 20, 2022
Lubbock response to Sixth Circuit, May 26, 2022
TX HS Lubbock 6C response 5 26
Texas notice of supplemental authority (Louisiana HeadStart), September 23, 2022
US notice of final masking rule, January 13, 2023
TX HS US notice of final masking rule 1 13 23
Memorandum opinion and order, and final judgment, March 31, 2023
TX HS memorandum opinion and order 3 31 23
Notice of appeal, May 26, 2023
Click to access 177116031529.pdf
===
Louisiana v. Becerra, No. 3:21-cv-4370 (W.D. La., filed Dec. 21, 2021)
Complaint
Motion for preliminary injunction, December 21, 2021
Service and scheduling order, December 22, 2021
TRO motion, December 23, 2021
Amended TRO motion, December 23. 2021
TRO scheduling order, December 23, 2021
US opposition, December 29, 2021
TRO reply, December 31, 2021
Preliminary injunction, January 1, 2022
US motion to dismiss, March 24+, 2022
Scheduling order re motion to consolidate, March 28, 2022
[Response due in 14 days from 3 28]
US notice re consolidation motion in Brick v. Biden, April 1, 2022
LA HS notice re brick v biden 4 1
Plaintiffs’ motion to compel preparation of administrative record, April 19, 2022
LA HS LA mo compel admin rec 4 19
Plaintiffs’ motion to stay proceedings pending completion of administrative record, April 19, 2022
LA HS LA mo stay pending res admin rec 4 19
Scheduling order, April 20, 2022
Stay of proceedings pending resolution of motion, April 20, 2022
US response to record completion motion, May 4, 2022
LA Headstart US op to record motion 5 4
Louisiana reply re completion of record, May 11, 2022
LA Headstart LA reply re record 5 11
Order re completion of record, May 16, 2022
Consolidation with Brick, May 23, 2022
| 05/23/2022 | ADMINISTRATIVE ENTRY: Per Memorandum Order 77 in Lead Case 3:21-cv-4370 and # 41 in Member Case 2:21-cv-4386:
DENIED AS MOOT #29 MOTION for Discovery of Complete Administrative Record in Member case 2:21-cv-04386. In accordance with the Memorandum Order Doc. No. 76 filed on May 16, 2022, in Lead Case No. 3:21-cv-04370, after Government Defendants file the completed Administrative Record, Brick and Trenn shall have twenty-one (21) days to respond to Government Defendants two pending motions: (1) Defendants #24 Motion to Dismiss, or in the Alternative, Motion for Summary Judgment; and (2) Defendants #35 Motion to Dismiss, or in the Alternative, Motion for Summary Judgment, both filed in Case No. 2:21-cv-04386. IT IS FURTHER ORDERED that Government Defendants shall have fourteen (14) days after Brick and Trenns response to file a reply. (crt,Reeves, T) (Entered: 05/25/2022) |
US motion to extend administrative record deadline, June 3, 2022
LA HS US mo extend ar deadline 6 3
| 06/03/2022 | Motions Transferred regarding 86 MOTION for Extension of Record Completion Deadline with opposition . Motions referred to Judge Terry A Doughty. (crt,Crick, S) (Entered: 06/03/2022) |
Order allowing extension to complete record, June 6, 2022
States’ cross-motion for summary judgment, response re uncontested facts, proposed order, August 5, 2022
Brick motion for summary judgment, August 9, 2022
States’ opposition, August 10, 2022
States’ memorandum in support of cross-motion, August 10, 2022
Brick motion for judicial notice, August 10, 2022
Brick memo supporting cross-motion, August 10, 2022
Brick opposition, August 10, 2022
US opposition to judicial notice, August 24, 2022
Plaintiffs’ reply supporting judicial notice, August 31, 2022
US reply to Louisiana, September 14, 2022
US Brick reply, September 14, 2022
US opposition to cross-motion for summary judgment, September 15, 2022
Memorandum ruling, and judgment, September 21, 2022
LA HS memorandum ruling 9 21 22
US notice of appeal, November 18, 2022
LA HS US notice of appeal 11 18 22
Fifth Circuit # 22-30748
US opening brief and record excerpts, March 3, 2023
Constitutional Accountability Center amicus, March 10, 2023
Louisiana appellee brief, May 5, 2023
[]
Brick appellee brief, May 5, 2023
[]
US extension request, May 9, 2023
[]
US reply brief, May 26, 2023
[]
======
CASES CHALLENGING THE OSHA VACCINATION OR TEST MANDATE
States challenging the OSHA vaccination mandate (Circuit filed in, by Circuit number)
Alabama (11)
Alaska (8)
Arizona (8)
Arkansas (8)
Florida (11)
Georgia (11)
Idaho (6)
Indiana (7)
Iowa (8)
Kansas (6)
Kentucky (6)
Louisiana (5)
Mississippi (5)
Missouri (8)
Montana (8)
Nebraska (8)
New Hampshire (8)
North Dakota (8)
Ohio (6)
Oklahoma (6)
South Carolina (5)
South Dakota (8)
Tennessee (6)
Texas (5)
Utah (5)
West Virginia (6)
Wyoming (8)
=========
Post-consolidation proceedings in the Sixth Circuit, No. 21-7000
AMA amicus, November 22, 2021
Ohio petition for initial hearing en banc, November 22, 2021
6C Ohio initial en banc amicus pet 11 22
US motion for leave to file excess pages, November 23, 2021
US emergency motion to dissolve stay, November 23, 2021
6C US emergency motion to dissolve stay 11 23
Small Business Ass’n of Michigan amicus, November 23, 2021
6C Small Business Assn MI amicus
Private Fifth Circuit petitioners’ motion to transfer to Fifth Circuit, November 23, 2021
6C private 5C parties motion to transfer to 5C 11 23
Job Creators Network opposition to dissolving stay, November 23, 2021
6C Job Creators Network op to dis stay
Bentkey motion to hold US motion to lift stay in abeyance, November 23, 2021
6C Bentkey mo to hold US motion to lift stay in abeyance
Constitutional Accountability Center amicus supporting lifting stay, November 23, 2021
6C CAC amicus supporting lifting stay
AMA amicus supporting lifting stay, November 23, 2021
6C AMA amicus supporting US mo vacate stay
Scheduling order, November 23, 2021
Private Fifth Circuit petitioners’ joinder in initial hearing en banc motion, November 24, 2021
6C 5C private petitioners joinder in iheb 11 24
Fabarc joinder re initial hearing en banc, November 24, 2021
Asbury joinder re initial hearing en banc, November 24, 2021
US scheduling and rescheduling proposal, November 24, 2021
6C US scheduling proposal 11 24
States’ opposition to US rescheduling proposal, November 26, 2021
26 business associations opposition to US rescheduling proposal, November 26 2021
Abadi motion to stay, November 29, 2021
6C Abadi emergency mo stay 11 29
Asbury/Southern Baptist opposition to rescheduling, November 29, 2021
AFL-CIO motion to transfer to D.C. Circuit, November 29, 2021
6C AFL CIO mo transfer DC Cir 11 29
Burnett joinder in opposition to rescheduling, November 29, 2021
6C jointer in resched op 11 29
Bentkey opposition to rescheduling, November 29, 2021
US opposition to initial hearing en banc, November 29, 2021
Petitioners DTN Staffing (represented by Kris Kobach) reply supporting stay, November 29, 2021
6C DTN Staffing reply supporting stay 11 29
Former OSHA Administrators amicus, November 30, 2021
6c-former-osha-admins-amicus-11-30
Ohio motion to compel production of entire administrative record, November 30, 2021
6C Ohio mo compel complete record 11 30
National Ass’n of Home Builders opposition to lifting stay, November 30, 2021
6C NAHB op to lifting stay 11 30
MFA joinder in opposition to federal rescheduling proposal, November 30, 2021
Doyle Equipment joinder in opposition to federal rescheduling proposal, November 30, 2021
6C Doyle Equipment joinder in op to rescheduling 11 30
Perez motion to intervene, November 30, 2021
Unions’ statement in support of lifting stay, November 30, 2021
6C unions support for lifting stay 11 30
Nat’l Employment Lawyers Ass’n amicus, November 30, 2021
6C Natl Employmernt Lawyers Assn amicus 11 30
American Public Health Ass’n amicus, November 30, 2021
Betten Chevrolet motion to stay, November 30, 2021
6C Betten Chev op to lifting stay 11 30
Phillips Manufacturing motion to compel production of complete administrative record, December 1, 2021
6C Phillips Mfg motion to compel complete admin record 12 1
Abadi motion to separate, December 1, 2021
Natural Products Association joinder in opposition to rescheduling, December 1, 2021
6C Natural Products Assn joinder in resched op 12 1
Wisconsin Manufacturers amicus, December 1, 2021
Unions’ statement supporting dissolving stay, December 1, 2021
6C unions support dissolving stay 12 1
Constitutional Accountability Center amicus, December 2, 2021
[Response to Abadi motion]
Sixth Circuit scheduling order, December 3, 2021
Bentkey motion for leave to file reply supporting initial hearing en banc, December 4, 2021
6C Bentkey reply supporting iheb 12 4
[Abadi reply]
[Abadi op to lifting stay]
MFA support for extending stay, December 6, 2021
6C MFA joinder in extend stay 12 6
Ohio opposition to dissolving stay, December 7, 2021
Republican National Committee opposition to dissolving stay, December 7, 2021
6C Burnett dissolve stay op 12 7
6C Oberg emergency stay mo 12 7
[NP] Document
6C Phillips dissolve stay op 12 7
6C Heritage dissolve stay op 12 7
6C business assns dissolve stay op 12 7
6C Answers in Genesis dissolve stay op 12 7
6C New Civil Lib Alliance amicus 12 7
6C Small Business Majority amicus request 12 7
6C Small Business Majority amicus 12 7
6C Bentkey dissolve stay op 12 7
6C Idaho Leg mo leave file 12 9
6C Idaho Leg dissolve stay op 12 9
Unions’ reply supporting lifting stay, December 10, 2021
6C unions reply supporting lifting stay 12 10
US opposition to motions to compel production of complete administrative record, December 10, 2021
6C US op compel complete record 12 10
US reply supporting dissolving stay, December 10, 2021
6C US reply supporting dissolving stay 12 10
Order denying initial en banc consideration, December 15, 2021
6C order denying initial en banc
Ohio reply supporting production of complete administrative record, December 17, 2021
6C Ohio reply supporting complete record 12 17
Order dissolving stay, December 17, 2021
6C order dissolving stay 12 17
Job Creators Network notice re Supreme Court filing, December 17, 2021
6c job creators network notice re USC filing 12 17
6C job creators network USC filing
26 Business Associations notice re Supreme Court filing, December 17, 2021
6C 26 bus assns notice re USC filing 12 17
Phillips Manufacturing notice re Supreme Court filing, December 17, 2021
6C Phllips Mfg notice re USC filing 12 17
Southern Baptist notice re Supreme Court filing, December 17, 2021
6C S B notice re USC filing 12 17
Ohio letter re Supreme Court filing, December 18, 2021
6C Ohio notice re USC filing 12 18
BST Holdings notice re Supreme Court filing, December 18, 2021
6C BST notice re USC filing 12 18
Heritage Foundation notice re Supreme Court filing, December 18, 2021
6C Heritage notice re USC filing 12 18
Word of God Fellowship notice re Supreme Court filing, December 19, 2021
6C Word of God notice re USC filing
Abadi emergency motion to stay, December 20, 2021
6C Abadi emergency mo stay 12 20
US Abadi response, December 27, 2021
Abadi reply, December 28, 2021
For Supreme Court proceedings, see “The OSHA Vaccination Mandate at the Supreme Court,” above
US notice re mootness, January 25, 2022
Heritage Foudation response, February 4, 2022
Religious Petitioners’ response, February 4, 2022
6C religious petitioners response 2 4
Bentkey response, February 4, 2022
NFIB and other business associations response, February 4, 2022
Betten Chevrolet response, February 4, 2022
6C Betten Chevrolet response 2 4
FabArc response, February 4, 2022
Abadi response, February 9, 2022
US reply, February 11, 2022
Order dismissing case as moot, February 18, 2022
=====
D.C. Circuit: the Republican National Committee petition against the OSHA mandate
Republican National Committee v. OSHA, No. 21-1215 (D.C. Cir., filed November 5, 2021)
Petition
Clerk’s order, November 9, 2021
Related cases, 21-1219, 21-1232
Transfer to Sixth Circuit, November 17, 2021
now Sixth Circuit Case Nos. 21-4082/4094/4092
======
First Circuit: the Massachusetts Building Trades Council petition for review of the OSHA mandate
Massachusetts Building Trades Council v. OSHA, No. 21-1926 (1st Cir., filed November 9, 2021)
Petition
1C 21-1926_Documents Petition 11 9
now Sixth Circuit Case No. 21-4084
=======
Second Circuit: the SEIU petition against the OSHA mandate (as inadequate)
SEIU v. OSHA, No. 21-2800 (2d Cir., filed November 9, 2021)
Petition
2C 21-2800_Documents Petition 11 9
now Sixth Circuit Case No. 21-4095
=======
Third Circuit: the AFT petition for review of the OSHA mandate
AFT Pennsylvania v. OSHA, No. 21-3088 (3d Cir., filed November 10, 2021)
Petition
3C 21-3088_Documents Petition 11 10
now Sixth Circuit Case No. 21-4099
===================
Fourth Circuit: the Plumbers/Pipefitters petition for review of the OSHA mandate
United Ass’n of Plumbers and Pipefitters v. OSHA, No. 21-2262 (4th Cir., filed November 9, 2021)
Petition
4C 21-2262_Documents Petition 11 9
now Sixth Circuit Case No. 21-4089/4086
=======
Fifth Circuit: the Texas petition against the OSHA mandate
BST Holdings, LLC v. OSHA, No. 21-60845 (5th Cir., filed November 5, 2021)
Petition
Emergency motion for stay and to expedite, November 5, 2021
Petitioners’ brief, November 5, 2021
Amended petition including Texas and other states, November 5, 2021
21-60845_amended petition including Texas
Stay, November 6, 2021
| 11/06/2021 | RESPONSE DUE to Motion for stay pending appeal filed by Petitioners Burnett Specialists, Choice Staffing, L.L.C., Staff Force, Incorporated, Leadingedge Personnel, Limited and HT Staffing, Limited in 21-60845 [9706583-2], Memo Supporting Document filed by Petitioner American Family Association, Incorporated in 21-60845 [9706058-2], Motion for stay pending appeal filed by Petitioners BST Holdings, L.L.C., RV Trosclair, L.L.C., Trosclair Airline, L.L.C., Trosclair Almonaster, L.L.C., Trosclair and Sons, L.L.C., Trosclair & Trosclair, Incorporated, Trosclair Carrollton, L.L.C., Trosclair Claiborne, L.L.C., Trosclair Donaldsonville, L.L.C., Trosclair Houma, L.L.C., Trosclair Judge Perez, L.L.C., Trosclair Lake Forest, L.L.C., Trosclair Morrison, L.L.C., Trosclair Paris, L.L.C., Trosclair Terry, L.L.C., Trosclair Williams, L.L.C., Mr. Ryan Dailey, Mr. Jasand Gamble, Mr. Christopher L. Jones, Mr. David John Loschen, Mr. Samuel Albert Reyna and Mr. Kip Stovall in 21-60845 [9706028-2] Response/Opposition due on 11/08/2021 by 5:00 PM [21-60845] (PAC) [Entered: 11/06/2021 12:03 PM] |
Texas emergency motion for stay, November 7, 2021
Answers in Genesis withdrawal, November 8, 2021
LeadingEdge motion, November 8, 2021
Scheduling order, November 8, 2021
The Daily Wire amicus, November 8, 2021
US response to stay motion, November 8, 2021
American Family Ass’n joinder in motions for stay, November 8, 2021
New Civil Liberties Alliance amicus, November 9, 2021
5C New Civil Liberties Alliance amicus
Burnett Specialists joinder in motions for stay, November 9, 2021
Petitioners’ reply supporting stay, November 9, 2021
BST petitioners’ reply supporting stay, November 9, 2021
[]
US response to Texas motion for stay, November 10, 2021
5C US response TX mo stay 11 10
Texas reply supporting stay, November 11, 2021
New Civil Liberties Alliance amicus, November 11, 2021
AMA amicus, November 11, 2021
Stay opinion, November 12, 2021
Transfer to Sixth Circuit, November 17, 2021
now Sixth Circuit Case No. 21-4080
=========
Sixth Circuit: the Kentucky petition against the OSHA mandate
Commonwealth of Kentucky v. OSHA, No. 21-4031 (6th Cir., filed November 5, 2021)
Petition
Emergency motion for stay, November 5, 2021
21-4031_Kentucky v. OSHA motion for stay
Letter scheduling response and reply, November 7, 2021
US letter re multidistrict litigation, November 8, 2021
6C US letter re multi district
related cases? 21-4027, 21-4028, 21-4032, and 21-4033
Michigan legislators’ amicus, November 12, 2021
Idaho legislators’ intervention, November 12, 2021
US opposition to stay, November 15, 2021
[AMA amicus]
US notice to multidistrict panel, November 16, 2021
6C US notice to multidistrict panel 11 16
Multidistrict panel order, November 16, 2021
Buckeye Institute petition for initial hearing en banc, November 17, 2021 (in 21-4028)
6C Buckeye Inst initial en banc rq
Letter requesting response from parties, November 17, 2021
Asbury petition for initial hearing en banc, November 17, 2021
6C Asbury Baptist pet initial ebh 11 17
Ohio motion for excess pages for reply, November 18, 2021
Bentkey petition for initial hearing en banc, November 18, 2021 (in 21-4027)
6C Bentkey pet initial ebh 11 18
Letter requesting consolidated response from parties 11/30, November 18, 2021 (in 21-4027, -4028, -4033)
6C letter directing 1 response to iheb 11 18
Asbury reply supporting stay, November 19, 2021
Letter saying Ohio reply need not be filed, November 19, 2021
6C letter saying no need for Ohio reply 11 19
Initial case management order in 21-7000, November 21, 2021
6C initial case management order 11 21
Sixth Circuit Case Nos. 21-4027/4028/4031/4032/4033
AMA amicus, November 22, 2021
Ohio petition for initial hearing en banc, November 22, 2021
6C Ohio initial en banc amicus pet 11 22
US motion for leave to file excess pages, November 23, 2021
US emergency motion to dissolve stay, November 23, 2021
6C US emergency motion to dissolve stay 11 23
===========
Seventh Circuit: the Indiana petition against the OSHA mandate
Indiana v. OSHA, No. 21-3066 (7th Cir., filed November 5, 2021)
Petition
Motion for stay, November 5, 2021
US letter re multidistrict litigation, November 8, 2021
Circuit’s consolidation question, November 8, 2021
Order, November 9, 2021
Indiana statement of position, November 10, 2021
7C IN statement of position re 5C stay 11 10
US opposition to stay, November 12, 2021
related case, 21-3058
AMA amicus, November 18, 2021
Wisconsin Manufacturers & Commerce amicus (in 21-3058), November 18, 2021
Transfer order to Sixth Circuit, November 18, 2021
now Sixth Circuit Case Nos. 21-4091/4090
=======
Eighth Circuit: the Missouri petition against the OSHA mandate
Missouri v. Biden, No. 21-3494 (8th Cir., filed November 5, 2021)
Petition
8C anti OSHA initiating documents
Emergency motion for stay, November 5, 2021
Petitioners’ motion to expedite, November 8, 2021
US letter re multidistrict litigation, November 8, 2021
8C US letter re multi district
Scheduling order, November 10, 2021
Related cases, 21-3491, 21-3540
US stay opposition, November 12, 2021
Petitioners’ reply to US response, November 15, 2021
8C reply supporting stay 11 15
Transfer to Sixth Circuit, November 18, 2021
now Sixth Circuit Case Nos. 21-4093/4088/4101/4096
========
Ninth Circuit: the National Ass’n of Broadcast Employees and Technicians petition for review of the OSHA mandate
National Ass’n of Broadcast Employees and Technicians v. OSHA, No. 21-71370 (9th Cir., filed November 9, 2021)
Petition
now Sixth Circuit Case Nos. 21-4087/4103/4085
=========
Tenth Circuit: the Denver Newspaper Guild petition for review of the OSHA mandate
Denver Newspaper Guild v. OSHA, No. 21-9592 (10th Cir., filed November 15, 2021)
Petition
now Sixth Circuit Case No. 21-4100
=============
Eleventh Circuit: the Florida petition against the OSHA mandate
Florida v. Biden, No. 21-13866 (11th Cir., filed November 5, 2021)
Petition
US letter re multidistrict litigation, November 8, 2021
11C US letter re multidistrict
Florida motion for stay, November 8, 2021
| 11/09/2021 | Parties that wish to file a response to the motion to stay pending appeal filed on November 8, 2021, must do so no later than Friday, November 12, 2021. Parties wanting to reply to responses filed must do so no later than Tuesday, November 16, 2021. [Entered: 11/09/2021 02:51 PM] |
US opposition to stay, November 12, 2021
related cases 21-13900, 21-13910
Florida stay reply, November 16, 2021
now Sixth Circuit Case Nos. 21-4097/4102/4083
==============
Judicial Panel on Multidistrict Litigation
MCP No. 7, November 16, 2021
Notice to US Judicial Panel on Multidistrict Litigation MCP No. 7
========
CASES CHALLENGING THE FEDERAL VACCINATION OR TEST MANDATE FOR CONTRACTORS
Brnovich v. Biden, No. 2:21-cv-1568 (D. Ariz.), No. 22-15518 (9th Cir.)
Florida v. Nelson, No. 8:21-cv-2524 (M.D. Fla.), No. 22-10165 (11th Cir.)
Georgia v. Biden, No. 1:21-cv-163 (S.D. Ga.), No. 21-14269 (11th Cir.)
Kentucky v. Biden, No. 3:21-cv-55 (E.D. Ky.), No. 21-6147 (6th Cir.)
Louisiana v. Biden, No. 1:21-cv-3867 (W.D. La.), No. 22-30019 (5th Cir.)
Missouri v. Biden, No. 4:21-cv-1300 (E.D. Mo.), No. 22-1104 (8th Cir.)
Oklahoma v. Biden, No. 5:21-cv-1069 (W.D. Okla.)
Texas v. Biden, No. 3:21-cv-309 (S.D. Tex.)
=========
The Arizona case against the federal vaccine mandate
Brnovich v. Biden, No. 2:21-cv-1568 (D. Ariz., filed Sept. 14, 2021)
Complaint
First amended complaint, October 22, 2021
TRO/preliminary injunction papers, October 22, 2021
[]
US response, November 4, 2021
Court’s minutes, November 10, 2021
Second amended complaint, November 19, 2021
Third motion for preliminary injunction, November 19, 2021
Request to consolidate PI and trial on the merits, November 19, 2021
Plaintiffs’ supplemental authority (Missouri v. Biden), November 29, 2021
Plaintiffs’ supplemental authority (Louisiana), November 30, 2021
US response to motion to consolidate, etc., December 3, 2021
US opposition to preliminary injunction, December 3, 2021
Phoenix response to preliminary injunction motion, December 3, 2021
Arizona notice of supplemental authority (Georgia), December 7, 2021
| 12/08/2021 | 111 | ORDER: IT IS ORDERED setting a Status Conference for 12/14/2021 at 03:00 PM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T Liburdi. At the Status Conference, the parties should be prepared to discuss: (1) the expanded scope of Plaintiffs’ Second Amended Complaint (Doc. 70); (2) Plaintiffs’ Motion to Bifurcate Claims and Consolidate Trial on the Merits (Doc. 73); and (3) the effect of Georgia v. Biden (Doc. 110) and Kentucky v. Biden (Doc. 101) on the instant action. Counsel may appear in person or telephonically. Call-in instructions will be sent via email. ORDERED by Judge Michael T. Liburdi this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 12/08/2021) |
Arizona reply, December 8, 2021
US motion to stay, December 10, 2021
Arizona opposition to stay, December 13, 2021
Minute entry (including motion for stay denied), December 14, 2021
Union plaintiffs’ reply supporting preliminary injunction, December 15, 2021
AZ contr union reply supporting PI 12 15
Stipulation to bifurcate vaccine counts and immigration counts, December 17, 2021
Third amended complaint, December 20, 2021
Plaintiffs’ supplemental authority (ED Mo.) and response to US supplemental authority, December 21, 2021
US supplemental opposition re one plaintiff, December 22, 2021
Phoenix motion to file sur-reply, and sur-reply, December 23, 2021
Arizona additional authority (Florida contractor), December 27, 2021
[]
US motion to dismiss immigration counts, January 3, 2022
Arizona supplemental authority (6C order in Kentucky), January 11, 2022
AZ contr AZ supp auth KY 6C 1 11
US response to supplemental authority (6C), January 13, 2022
AZ contr US resp to supp auth 6C 1 13
| 01/13/2022 | 149 | ORDER: Having reviewed the Supreme Court’s recent decision in National Federation of Independent Business v. Department of Labor, Nos. 21A244, 21A247 (U.S. Jan. 13, 2022), IT IS ORDERED that the parties may file optional, supplemental briefs, not to exceed seven pages, addressing the impact of that decision on the instant case. Such briefs shall be filed no later than Wednesday, January 19, 2022. ORDERED by Judge Michael T. Liburdi this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 01/13/2022) |
| 01/13/2022 | 150 | ORDER that the parties’ supplemental briefs (see Doc. 149) shall also address the Supreme Court’s recent opinion in Biden v. Missouri, Nos. 21A240, 21A241 (U.S. Jan. 13, 2022). ORDERED by Judge Michael T. Liburdi this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 01/13/2022) |
Arizona supplemental brief, January 19, 2022
US supplemental brief, January 19, 2022
US notice re FMF case, January 21, 2022
AZ contr US notice re Feds case 1 21
Arizona response re FMF case, January 21, 2022
Arizona motion for extension of time to respond to motion to dismiss, January 26, 2022
AZ contr AZ mo xt mo dism 1 26
Order granting injunction against contractor mandate, but denying injunction against employee mandate, January 27, 2022
Arizona proposal for form of injunction, February 1, 2022
Arizona motion to transfer other case, February 9, 2022
Permanent injunction, February 10, 2022
AZ contr permanent injunction 2 10
Arizona response to motion to dismiss, February 16, 2022
US opposition to AZ motion to transfer other case, February 23, 2022
| 03/01/2022 | 171 | ORDER: IT IS ORDERED denying Plaintiffs’ Motion to Transfer Related Case (Doc. 163 ). Plaintiffs have not demonstrated that the requested transfer is warranted. Ordered by Judge Michael T. Liburdi on 3/1/2022. (Associated Cases: 2:21-cv-01568-MTL, 2:22-cv-00213-JJT) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) (Entered: 03/01/2022) |
US reply supporting motion to dismiss, March 15, 2022
Reply supporting US mo dism imm 3 15
US motion to stay pending Biden v. Texas, March 15, 2022
Arizona opposition to stay, March 24, 2022
Arizona motion for jurisdictional discovery, March 28, 2022
US reply supporting stay, March 31, 2022
US notice of interlocutory appeal, April 8, 2022
US opposition to motion for jurisdictional discovery, April 11, 2022
AZ contr US op jurisD discovery 4 11
Ninth Circuit # 22-15518
US notice of supplemental authority (Arizona v. Biden), April 19, 2022
Arizona “notice of factual development” (Title 42 declaration), April 19, 2022
| 04/20/2022 | 189 | MINUTE ENTRY for proceedings held before Judge Michael T Liburdi: Motion Hearing held on 4/20/2022. Argument heard. IT IS ORDERED taking under advisement Motion to Stay 175 . Separate order to issue.
APPEARANCES: Drew Ensign (appearing telephonically) and James Rogers for Plaintiffs. Telephonic appearance by Elissa Fudim for Defendants. (Court Reporter Barbara Stockford) Hearing held 11:06 AM to 11:29 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (AO) (Entered: 04/20/2022) |
Order denying motion to stay, April 21, 2022
AZ contr order denying stay 4 21
| 04/25/2022 | 191 | ORDER: IT IS ORDERED that Plaintiffs’ Motion for Jurisdictional Discovery (Doc. 177 ) is denied. Ordered by Judge Michael T Liburdi on 4/25/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (AO) (Entered: 04/25/2022) |
US notice of supplemental authority, May 3, 2022
| 07/08/2022 | 193 | ORDER: Having reviewed the Supreme Court’s recent decision in Biden v. Texas, No. 21-954 (U.S. June 30, 2022), IT IS ORDERED directing the parties to file supplemental briefs, not to exceed ten pages, addressing the impact of that decision on the instant case. The briefs shall be filed no later than Friday, July 15, 2022. Ordered by Judge Michael T Liburdi on 7/8/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (AO) (Entered: 07/08/2022) |
Motion for extension of time, July 11, 2022
| 07/13/2022 | 195 | ORDER: IT IS ORDERED that State Plaintiffs’ Unopposed Motion for Extension of Time to File Supplemental Briefs (Doc. 194 ) is granted. IT IS FURTHER ORDERED that the parties’ deadline for filing supplemental briefs is extended to July 22, 2022. Ordered by Judge Michael T Liburdi on 7/13/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (AO) (Entered: 07/13/2022) |
US opening brief, July 18, 2022
US supplemental brief re Biden v. Texas, July 22, 2022
Brnov US supp br Biden v TX 7 22
US notice re 7/5 Sixth Circuit case, July 22, 2022
US notice re new policy development, July 22, 2022
US notice new policy devt 7 22
Arizona supplemental brief on Biden v. Texas, July 22, 2022
Brnov AZ supp br Biden v TX 7 22
Arizona notice of supplemental authority (4 authorities), August 12, 2022
| 08/25/2022 | 207 | AMENDED MINUTE ENTRY – Amending Doc. 206 – for proceedings held before Judge Michael T. Liburdi: Motion Hearing held on 8/25/2022. Argument is presented on Defendants’ Motion to Dismiss 146 . Defense counsel is permitted to file a notice of supplemental authority not later than August 31, 2022. The matter is taken under advisement.
APPEARANCES: James Rogers and Brunn Roysden, III for Plaintiff. Elissa Fudim (telephonically) for Defendant (Court Reporter Catherine Taylor.) Hearing held 9:01 AM to 9:41 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) Reason for Amendment: to include appearances. (Entered: 08/25/2022) |
US response re supplemental authority, August 31, 2022
Arizona motion for leave to file reply to US response, September 9, 2022
AZ contr AZ mo reply supp auth 9 9
US opposition to Arizona motion for leave to file, September 13, 2022
| 09/13/2022 | 215 | ORDER: Having considered Plaintiffs’ Motion for Leave to File Reply to Defendants’ Response to Plaintiffs’ August 12, 2022 Notice of Supplemental Authority (Doc. 213 ), IT IS ORDERED granting the motion. Plaintiffs shall file their reply brief, which is attached to the Motion for Leave, no later than 5:00 p.m. tomorrow, September 14, 2022. There shall be no further briefing on the pending Motion to Dismiss (Doc. 146 ). Signed by Judge Michael T. Liburdi on 9/13/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) (Entered: 09/13/2022) |
Arizona appellee brief, October 21, 2022
9C AZ contr appellee br 10 21 22
Florida et al amicus, October 28, 2022
9C AZ contr states amicus 10 28
Chamber of Commerce of the U.S. amicus, October 28, 2022
9C AZ contr c of c amicus 10 28
US answer, November 9, 2022
AZ contr US answer 3d c 11 9 22
US reply brief, November 14, 2022
Arizona motion for leave to file supplemental pleading, November 15, 2022
US opposition re supplemental pleading, November 25, 2022
Reply supporting leave to file supplemental pleading, December 2, 2022
AZ contr reply supp pl 12 2 22
| 12/22/2022 | 238 | *ORDER setting Status Conference for January 13, 2023 at 11:30 am (Arizona time) in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T. Liburdi. Local counsel shall appear in person, but counsel for the federal Defendants may move to appear by telephone. IT IS FURTHER ORDERED that Plaintiff’s counsel inform the transition team for the incoming Attorney General about the hearing scheduled for January 13, 2023. The parties should be prepared to discuss how the case should proceed under the Office of the Attorney General’s new leadership. Ordered by Judge Michael T Liburdi on 12/22/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV) *Modified to correct hearing date scheduled in docket text from 1/6/2023 to 1/13/2023; NEF regenerated on 12/22/2022 (RMV)/(SCH). (Entered: 12/22/2022) |
US additional authority (5th Cir.), December 22, 2022
9C AZ contr US addl auth 5C 12 22 22
Arizona response re 5th Circuit decision, December 30, 2022
9C AZ contr AZ resp 5C 12 30 22
US additional authority (6th Cir.), January 19, 2023)
9C AZ contr US addl auth 6C 1 19 23
Stipulation for dismissal of remaining claims, February 2, 2023
Dismissal, February 2, 2023
Arizona AG letter re changes in position, February 14, 2023
9C AZ contr AZ AG changes in position 2 14 23
Arizona Legislature motion to intervene, February 20, 2023
9C AZ contr AZL interv mo 2 20 23
| 02/22/2023 | 58 | Filed text clerk order (Deputy Clerk: OC): The Fifty-Sixth Arizona Legislature, Speaker of the Arizona House of Representatives Benjamin Toma, Arizona Senate President Warren Petersen, and Arizona Chamber of Commerce & Industry filed a Motion to Intervene (Dkt. No. [53]). Any party may file a response to the motion no later than Friday, February 24. Fed. R. App. P. 27(a)(3)(A). If a response to the motion is filed, movants may file a reply no later than Monday, February 27. Fed. R. App. P. 27(a)(4). [12658302] (OC) [Entered: 02/22/2023 09:46 AM] |
US response to motion to intervene, February 24, 2023
9C AZ contr US resp interv 2 24 23
Mayes response to motion to intervene, February 24, 2023
9C AZ contr Mayes resp interv 2 24 23
Reply supporting intervention, February 27, 2023
9C AZ contr interv reply 2 27 23
Order mostly allowing intervention, February 28, 2023
9C AZ contr interv order 2 28 23
| 03/07/2023 | 67 | ARGUED AND SUBMITTED TO RICHARD R. CLIFTON, MARK J. BENNETT and ROOPALI H. DESAI. The audio and video recordings of this hearing are available on our website at http://www.ca9.uscourts.gov/media/. [12669107] (WWP) [Entered: 03/07/2023 01:25 PM] |
Stay of district court injunction, April 5, 2023
9C AZ contr stay of dist ct ipa 4 5 23
Ninth Circuit opinion, April 19, 2023
[Corrected opinions]
========
The Florida case against the Federal contractor mandate
Florida v. Nelson, No. 8:21-cv-2524 (M.D. Fla., filed October 28, 2021)
Complaint
Motion/memo/exhibits for preliminary injunction, November 2, 2021
Parties’ scheduling proposal, November 5, 2021
FL v Nelson parties scheduling proposal
Scheduling order, November 8, 2021
US opposition to preliminary injunction, November 17, 2021
US notice to clarify, November 20, 2021
Amended complaint, November 29, 2021
Florida reply supporting preliminary injunction, November 29, 2021
FL contrc PI reply and amendment
Florida supplemental authority (Kentucky), December 2, 2021
US sur-reply opposing preliminary injunction, December 3, 2021
US notice of additional authority (11th Circuit CMS), December 6, 2021
Minute entry, December 7, 2021
Notice of supplemental authority (Georgia), December 8, 2021
Order for supplemental briefing, December 9, 2021
US motion to stay, December 14, 2021
Florida supplemental brief, December 15, 2021
Florida opposition to stay, December 16, 2021
US notice of supplemental authority (Donovan v. Vance), December 17, 2021
FL contr US supp auth ED WA 12 17
Florida notice of supplemental authority (11th Cir, ED Mo.), December 21, 2021
FL contr FL supp auth 11C ED MO 12 21
Preliminary injunction, December 22, 2021
US supplemental brief, December 22, 2021
Joint response to court’s question about form of order, December 29, 2021
FL contr parties joint resp 12 29
Order for injunctive relief, December 30, 2021
FL contr inj relief order 12 30
Joint motion to stay district court proceedings pending appeal, January 12, 2022
FL contr joint tc stay mo 1 12
Notice of appeal, January 12, 2022
Eleventh Circuit # 22-10165
Order staying trial court proceedings, January 19, 2022
FL contr order staying tc proceedings 1 19
Consent motion to put appeal in abeyance, February 1, 2022
11C FL contr uncontested US abeyance mo 2 1
| 08/29/2022 | Public Communication: Stay is lifted, Appellants’ brief is due on or before September 26, 2022. [Entered: 08/29/2022 01:59 PM |
US motion voluntarily to dismiss appeal, October 24, 2022
11C GA contr US unop mo vol dism 10 24 22
Order, October 26, 2022
Joint motion to stay, November 9, 2022
FL contr joint stay mo 11 9 22
Stay, November 9, 2022
Status report, March 31, 2023
FL contr status report 3 31 23
========
The Georgia case against the federal contractor vaccine mandate
Georgia v. Biden, No. 1:21-cv-163 (S.D. Ga., filed Oct. 29, 2021)
Complaint
Motion for preliminary injunction, November 5, 2021
Georgia emergency motion to expedite, November 8, 2021
US opposition to expediting, November 10, 2021
| 11/12/2021 | 41 | TEXT ORDER granting in part Plaintiffs’ 23 Emergency Motion to Expedite Briefing Schedule and Request for Hearing. Therefore, it is hereby ORDERED that Defendants’ response to Plaintiffs’ 19 Motion for Preliminary Injunction shall be filed by close of business on November 19, 2021, and Plaintiffs’ Reply to Response shall be filed by close of business on November 26, 2021. Defendants may file a Surreply by close of business on December 1, 2021, and this Court will hold a hearing on December 3, 2021. Each party shall file a witness and exhibit list, including any joint exhibit list, by close of business on November 30, 2021, and the parties shall exchange, but not file, exhibits on or before November 30, 2021. The parties are reminded that all exhibits shall only be presented in electronic form. Signed by District Judge R. Stan Baker on November 12, 2021. (pmh) (Entered: 11/12/2021) |
US emergency motion re scheduling, November 17, 2021
Georgia contractor US emergency mo re sched
Plaintiffs’ opposition to emergency motion, November 18, 2021
Georgia contractor pltf op re resched 11 18
Associated Builders & Contractors motion to intervene and memo in support, November 18, 2021
ABC motion for preliminary injunction, November 18, 2021
| 11/18/2021 | 51 | TEXT ORDER granting in part Defendants’ 46 Emergency Motion to Clarify Scheduling Order in Light of Plaintiffs’ Intent to File Amended Complaint and Revised Preliminary Injunction Motion. As indicated during the telephonic hearing held on 11/18/2021, it is ORDERED that Plaintiffs shall file any amended complaint and any amended motion for preliminary injunction by midnight on November 19, 2021. Defendants’ Response shall be filed by midnight on November 26, 2021. Plaintiffs may file a Reply by midnight on November 30, 2021. This Court will hold a hearing on Plaintiffs’ request for a preliminary injunction on December 3, 2021. Each party shall file a witness and exhibit list, including any joint exhibit list, by close of business on November 30, 2021, and the parties shall exchange, but not file, exhibits on or before November 30, 2021. The parties are reminded that all exhibits shall only be presented in electronic form. Entered by District Judge R. Stan Baker on November 18, 2021. (jrb) Modified on 11/18/2021 to edit text (en). (Entered: 11/18/2021) |
Minute entry, November 18, 2021
Georgia contractor minute entry 11 18
| 11/19/2021 | 53 | TEXT ORDER: It is hereby ORDERED that Plaintiffs and Defendants shall file responses to 48 MOTION to Intervene and Defendants shall file a response to 50 MOTION for Preliminary Injunction, all by midnight on November 26, 2021. Proposed Intervenors may file a reply to those responses by midnight on November 30, 2021. This Court will hold a hearing on said motions in conjunction with the previously-scheduled hearing on Plaintiffs’ request for injunctive relief on December 3, 2021. Proposed Intervenors shall file with the Court any witness and/or exhibit list, including any joint exhibit list, by close of business on November 30, 2021, and Proposed Intervenors shall exchange with Plaintiffs and Defendants, but not file, any exhibits on or before November 30, 2021. All exhibits shall only be presented in electronic form. Proposed Intervenors shall email Judge Baker’s courtroom deputy clerk, by close of business on November 26, 2021, a list of all individuals they request to have attend the hearing in person. Entered by District Judge R. Stan Baker on November 19, 2021. (jrb) Modified on 11/19/2021 (jrb). (Entered: 11/19/2021) |
Amended complaint, November 19, 2021
Amended motion for preliminary injunction, November 19, 2021
US response to motion to intervene, November 26, 2021
GA contractor US op to interv 11 26
US opposition to motions for preliminary injunction, November 26, 2021
AMA amicus, November 29, 2021
States’s reply supporting preliminary injunction, November 30, 2021
AGC reply supporting preliminary injunction, November 30, 2021
AGC reply supporting its intervention, November 30, 2021
Minute entry, December 3, 2021
US notice of additional authority (11th Circuit), December 6, 2021
GA contr US supp auth 11C 12 6
AGC response to additional authority, December 7, 2021
GA contr ABC resp to addl auth CMS 11C 12 7
Preliminary injunction, December 7, 2021
US notice of appeal, December 9, 2021
US motion for stay pending appeal, December 9, 2021
Plaintiffs’ notice of intent to respond, December 9, 2021
GA contr pltf notice intent respond 12 9
Eleventh Circuit # 21-14269
US motion for stay pending appeal, December 10, 2021
11C GA contr US stay pending appeal ms 12 10
Plaintiffs’ motion for initial hearing en banc, and appendix, December 10, 2021
11C GA contr pltf iheb mo 12 10
Scheduling order (response due 12/15), December 10, 2021
11C GA contr sched order for response 12 15 12 10
| 12/13/2021 | Appellants wishing to file a reply in support of their motion for a stay pending appeal must do so by Thursday, December 16, 2021. [Entered: 12/13/2021 02:56 PM] |
Amended ABC complaint, December 14, 2021
AMA amicus, December 14, 2021
ABC opposition to stay, December 15, 2021
11C GA contr ABC stay op 11 15
Georgia opposition to stay, December 15, 2021
US reply supporting stay, December 16, 2021
11C GA contr US reply supporting stay 12 16
Unopposed US motion to stay trial court proceedings, December 17, 2021
Eleventh Circuit order denying stay, December 17, 2021
11C GA contr order denying stay 12 17
| 12/20/2021 | NOTICE of Hearing on Motion: 102 MOTION to Stay Proceedings Pending Appeal. The Motion Hearing is set for 12/21/2021 10:00 AM and will be held telephonically in RSB Chambers before District Judge R. Stan Baker. (*Dial-in information for the call provided to counsel of record via email. pmh)NOTICE of Court’s Public Teleconference Line. For public access to this hearing, please dial 888-684-8852, and enter the call access code: 9717475. (Entered: 12/20/2021) |
Revised 11th Circuit briefing schedule, December 21, 2021
11C GA contr revised briefing schedule
US motion to expedite oral argument, December 22, 2021
Order partially denying stay and setting briefing, December 23, 2021
Order denying US motion further to expedite appeal, December 29, 2021
11C GA contr order denying expd 12 29
[Schedule: opening brief, 1/18, appellee briefs, 2/8, reply brief, 2/22]
ABC response to US motions, January 7, 2022
GA contr ABC resp to US mos 1 7
Georgia response to US motions, January 7, 2022
US reply supporting clarification, January 14, 2022
GA contr US reply supporting clarif 1 14
US opening brief, January 18, 2022
Order denying clarification, January 21, 2022
GA contr order denying clarif 1 21
Georgia brief, February 8, 2022
ABC brief, February 8, 2022
Florida amicus, February 15, 2022
Chamber of Commerce of US amicus, February 15, 2022
11C GA contr C of C amicus 2 15
US reply brief, February 22, 2022
| 03/31/2022 | Oral argument scheduled. Argument Date: Friday, 04/08/2022 Argument Location: Atlanta. [Entered: 03/31/2022 10:00 AM] |
| 04/08/2022 | Oral argument held this date. Oral Argument presented by Joshua Revesz for Appellants U.S. Department of Health and Human Services, U.S. Department of Transportation, Secretary, U.S. Department of Veterans Affairs, United States Office of Personnel Management, Secretary, U.S. Department of Health and Human Services, U.S. Department of Defense, Department of Defense, Secretary, U.S. Department of Commerce, President of the United States, National Institutes of Health, U.S. Department of Commerce, Secretary, Department of Defense, U.S. Department of Veterans Affairs, Safer Federal Workforce Task Force, Director, Office of Personnel Management and Co-Chair Safer Federal Workforce Task Force, Office of Management and Budget, Acting Director, Office of Management and Budget and member of the Safer Federal Workforce Task Force, General Services Administration, Administrator, General Services Administration and Co-chair of Safer Federal Workforce Task Force, Co-chair of Safer Federal Workforce Task Force and COVID-19 Response Coordinator, Director, Federal Protective Service, Director, United States Secret Service, Administrator, Federal Emergency Management Agency, Director, Center for Disease Control, Director, National Institute of Health, National Science Foundation, Director, National Science Foundation, National Aeronautics and Space Administration, Administrator, National Aeronautics and Space Administration, Director, Department of Transportation, U.S. Department of Energy and Secretary, U.S. Department of Energy, Stephen John Petrany for Appellees State of Georgia, Board of Regents of the University System of Georgia, Governor of the State of Georgia and Commissioner of the Georgia Department of Agriculture and James Larry Stine for Appellee Associated Builders and Contractors, Inc.. [Entered: 04/08/2022 12:49 PM] |
Opinion, August 26, 2002
Order, October 24, 2022
=======
The Kentucky case against the federal vaccine mandate
Kentucky v. Biden, No. 3:21-cv-55 (E.D. Ky., filed November 4, 2021)
Complaint
Kentucky motion for TRO and preliminary injunction, with exhibits, November 8, 2021
Court’s minutes and scheduling order, November 9, 2021
Kentucky vaccin minutes and scheduling order
Order for motions hearing, November 10, 2021
Kentucky order for motion hearing
US opposition, November 16, 2021
KY v Biden US opposition 11 16
Kentucky reply, November 17, 2021
Minute entry, November 18, 2021
KY contractor minute entry 11 18
Opinion and order granting preliminary injunction, November 30, 2021
KY contr PI op and order 11 30
US notice of appeal, December 3, 2021
US emergency motion for stay pending appeal, December 3, 2021
Kentucky notice of intent to respond, December 4, 2021
KY contr KY notice of intent to respond 12 4
Sixth Circuit # 21-6147
Scheduling order, December 6, 2021
Kentucky opposition to stay pending appeal, December 8, 2021
US reply supporting stay pending appeal, December 9, 2021
Order denying stay pending appeal, December 10, 2021
KY contr order denying stay pa 12 10
Motion for stay pending appeal, December 10, 2021
Scheduling order, December 10, 2021
6C KY contr scheduling order 12 10
Plaintiffs’ opposition to stay, December 16, 2021
[Plaintiffs’ response re stay, 12/16; US reply, 12/20]
US reply supporting stay, December 20, 2021
6C Ky contr US reply supporting stay 12 20
Joint motion to stay trial court proceedings, December 20, 2021
KY contr joint stay tc mo 12 20
Order granting stay of trial court proceedings, January 3, 2022
Opinion denying stay, January 5, 2022
6C KY opinion denying stay 1 5
US opening brief, January 31, 2022
Appellee brief, March 2, 2022
Florida amicus, March 9, 2022
U.S. Chamber of Commerce amicus, March 9, 2022
6C KY contr US C of C amicus 3 9
US reply brief, April 13, 2022
Plaintiffs’ additional authority (WV v US), July 11, 2022
6C KY contr pltf supp auth WV 7 11
US response re WV v US, July 13, 2022
6C KY contr US response re WV 7 13
Oral argument record, July 21, 2022
Plaintiffs’ additional authority (Georgia contractor), August 29, 2022
6C KY contr pltf addl auth 11C 8 29
US response, September 1, 2022
6C KY contr US response GA 9 1
US additional authority (Fifth Circuit), December 22, 2022
6C KY contr US addl auth 5C 12 22 22
Kentucky response, December 27, 2022
6C KY contr pltf resp 12 27 22
Opinion, January 12, 2023
Supreme Court letter extending cert time to 6 9, May 10, 2023
[]
========
The Louisiana case against the federal contractor vaccine mandate
Louisiana v. Biden, No. 1:21-cv-3867 (W.D. La., filed November 4, 2021)
Complaint
[]
List of cases, November 26, 2021
[Hearing, December 6]
US motion to stay, December 11, 2021
Louisiana opposition to US motion for stay, December 13, 2021
Preliminary injunction opinion, December 16, 2021
LA contr preliminary injunction opinion 12 16
US notice of appeal, January 11, 2022
Fifth Circuit # 22-30019
US opening brief, April 13, 2022
Appellees’ brief, June 13, 2022
States’ amicus, June 20, 2022
5C LA contr States amicus 6 20
US Chamber of Commerce amicus, June 21, 2022
5C LA contr US C of C amicus 6 21
US reply brief, July 5, 2022
US notice of supplemental authority (Georgia), September 1, 2022
5C LA contr US notice supp auth GA
| 10/03/2022 | ORAL ARGUMENT HEARD before Judges Graves, Willett, Engelhardt. Arguing Person Information Updated for: Elizabeth Baker Murrill arguing for Appellee State of Indiana, Appellee State of Louisiana; Arguing Person Information Updated for: David Peters arguing for Appellant Joseph R. Biden, Jr., Appellant Robin Carnahan, Appellant Federal Acquisition Regulatory Council, Appellant General Services Administration [22-30019] (SME) [Entered: 10/03/2022 09:54 AM] |
Opinion, December 19, 2022
Order lifting stay, February 15, 2023
LA contr order lifting stay 2 15 23
Joint motion to stay, March 3, 2023
| 03/03/2023 | Motions Transferred regarding 61 Joint MOTION to Stay Proceedings. Motions referred to Judge Dee D Drell. (crt,Bunting, M) (Entered: 03/03/2023) |
Stay order, March 6, 2023
22A794
Request for extension of time to petition for cert, March 9, 2023
20230309150039008_App Biden v. Louisiana
| Mar 10 2023 | Application (22A794) granted by Justice Alito extending the time to file until April 18, 2023. |
====
The Missouri case against the federal vaccine mandate
Missouri v. Biden, No. 4:21-cv-1300 (E.D. Mo., filed October 29, 2021)
Complaint
Motion for preliminary injunction, with memo and exhibits, November 4, 2021
MO v Biden PI memo and exhibits
Motion to expedite, November 9, 2021
US opposition to expediting, November 10, 2021
Missouri reply supporting expediting, November 11, 2021
US opposition to motion for preliminary injunction, November 18, 2021
Missouri reply supporting preliminary injunction, November 22, 2021
MO contractor MO PI reply 11 22
| 11/23/2021 | 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) (Entered: 11/23/2021 |
Scheduling order, November 24, 2021
MO contractor scheduling order 11 24
Joint statement of material facts, December 6, 2021
States’ supplemental brief, December 10, 2021
US supplemental brief, December 10, 2021
Missouri additional authority (MPP), December 15, 2021
MO contr MO addl auth MPP 12 15
Missouri additional authority (Louisiana), December 15, 2021
MO contr MO addl auth 5C CMS 12 15
US notice of supplemental authority (Donovan v. Vance), December 17, 2021
MO contr US supp auth Donovan 12 17
US response to plaintiffs’ additional authorities, December 17, 2021
MO contr US resp to supp auths 12 17
US notice of supplemental authority (6th Circuit OSHA), December 20, 2021
MO contr US supp auth 6C 12 20
Missouri notice of supplemental authority (6th Circuit OSHA), December 20, 2021
MO contr pltf supp auth 6C 12 20
Preliminary injunction, December 20, 2021
Notice of appeal, January 14, 2022
Unopposed motion to stay trial court proceedings, January 14, 2022
Order staying proceedings, January 18, 2022
Eighth Circuit # 22-1104
US opening brief, April 12, 2022
States’ appellee brief, June 10/13, 2022
Arizona amicus, June 17, 2022
Chamber of Commerce of the US amicus, June 17/22, 2022
Plaintiffs’ additional authority (West Virginia), July 1, 2022
8C MO contr pltf addl auth WV 7 1
US reply brief, July 5, 2022
Missouri additional authority (CDC), August 12, 2022
US response to additional authority, August 30, 2022
8C MO contr US resp re CDC 8 30
Missouri additional authority (Georgia), August 31, 2022
8C MO contr MO supp auth GA 8 31
US response re Georgia, September 1, 2022
| 09/21/2022 | ARGUED & SUBMITTED in St. Louis to Judges Lavenski R. Smith, Jane Kelly (participating via video conference), L. Steven Grasz on 09/21/2022. Ms. Anna O. Mohan for Appellants Joseph R. Biden, Jr., Ms. Robin Carnahan, United States of America, GSA, The Office of Personnel Management, Office of Management and Budget, Ms. Shalanda Young, Ms. Kiran Ahuja, Safer Federal Workforce Task Force, Mr. Jeffrey Zients, Federal Acquisition Regulatory Council, Ms. Lesley A. Field, Mr. John M. Tenaglia, Mr. Jeffrey A. Koses and Ms. Karla S. Jackson. Mr. Michael E. Talent for Appellees State of Missouri, State of Montana, State of Arkansas, State of Nebraska, State of North Dakota, State of South Dakota, State of Iowa, State of Alaska, State of Wyoming and State of New Hampshire. Rebuttal by Ms. Anna O. Mohan for Joseph R. Biden, Jr., Ms. Robin Carnahan, United States of America, GSA, The Office of Personnel Management, Office of Management and Budget, Ms. Shalanda Young, Ms. Kiran Ahuja, Safer Federal Workforce Task Force, Mr. Jeffrey Zients, Federal Acquisition Regulatory Council, Ms. Lesley A. Field, Mr. John M. Tenaglia, Mr. Jeffrey A. Koses and Ms. Karla S. Jackson. RECORDED. Click Here To Listen to Oral Argument [5200703] [22-1104] (MR) [Entered: 09/21/2022 02:41 PM] |
Plaintiffs’ additional authority (5th Cir.), December 22, 2022
8C MO contr MO addl auth 5C 12 22 22
US response, December 22, 2022
8C MO contr US response 12 22 22
US notice of additional authority (6th Cir.), January 19, 2023
8C MO contr US addl auth 6C 1 19 23
Plaintiffs’ response, January 19, 2023
8C MO contr MO response 6C 1 19 23
[]
[]
US motion to dismiss own appeal, May 15, 2023
[]
==========
Oklahoma v. Biden, No. 5:21-cv-1069 (W.D. Okla., filed Nov. 4, 2021)
Complaint
TRO motion, November 15, 2021
OK notice of new authority (Kentucky), December 2, 2021
US response to TRO motion, December 6, 2021
Plaintiffs’ notice re Georgia nationwide injunction, December 8, 2021
US motion to stay, December 13, 2021
Plaintiffs’ reply supporting preliminary injunction, December 13, 2021
Defendants’ notice of supplemental authorities, December 20, 2021
OK contr def supp auth 6C Donovan 12 20
Plaintiffs’ opposition to motion to stay, December 29, 2021
Plaintiffs’ notice of new authority (Kentucky), January 12, 2022
Supplemental briefing order, January 14, 2022
[Pltf.: 1/21; Def. 1/28]
Plaintiffs’ supplemental brief, January 21, 2022
US supplemental brief, January 28, 2022
Oklahoma notice re Georgia, September 8, 2022
Order requesting status report, September 12, 2022
OK contr order rq status report 9 12 22
U.S. status report, September 16, 2022
OK contr US status report 9 16
Order, October 5, 2022
US status report, October 18, 2022
OK contr US status report 10 18 22
Plaintiff’s response, October 18, 2022
Defendants’ notice (Texas cases), October 28, 2022
Stay order, December 20, 2022
Plaintiff’s additional authority (5th Cir.), January 3, 2023
OK contr pltf addl auth 5C 1 3 23
US notice re end of public health emergency, May 3, 2023
Click to access ok-contr-us-notice-re-phe-ending-5-3-23.pdf
US notice re end of contractor mandate, May 12, 2023
Click to access ok-contr-us-notice-5-12-23.pdf
==============
Texas v. Biden, No. 3:21-cv-309 (S.D. Tex., filed Oct. 29, 2021)
Complaint
Motion for TRO, November 15, 2021
| 11/16/2021 | Minute Entry for proceedings held before Judge Jeffrey V Brown. MOTION HEARING held on 11/16/2021. Taken under advisement. Brief due by 11/22/2021. Reply soon after. Appearances:Brad Rosenburg. Daniel David Hu, Kristin Alyssa Taylor, Christopher D. Hilton, Halie Elizabeth Daniels, Amy Snow Hilton.(Court Reporter: Laura Wells), filed.(GeorgeCardenas, 4) (Entered: 11/16/2021) |
US opposition to TRO motion, November 22, 2021
Texas reply supporting TRO, November 29, 2021
Notice of hearing, December 1, 2021
Texas notice of supplemental authority (Kentucky), December 2, 2021
[Hearing, 12/3]
Texas supplemental brief, December 6, 2021
Notice of supplemental authority (Georgia), December 7, 2021
US response to Texas supplemental brief, December 8, 2021
| 12/10/2021 | Minute Entry for proceedings held before Judge Jeffrey V Brown. STATUS CONFERENCE held on 12/10/2021. Case is stayed. Appearances: Daniel David Hu, Kristin Alyssa Taylor, Brad P Rosenberg, Madeline M McMahon, Lee Reeves, Christopher D. Hilton, Halie Elizabeth Daniels, Amy Snow Hilton.(Court Reporter: Laura Wells), filed.(GeorgeCardenas, 4) (Entered: 12/10/2021) |
=============
A Washington State case against the contractor mandate
Donovan v. Vance, No. 4:21-cv-5148 (E.D. Wash., filed Nov. 16, 2021)
[]
Order denying TRO, December 17, 2021
Donovan order denying TRO 12 17
US motion to dismiss, January 18, 2022
Donovan v Vance US mo dism 1 18
Amended complaint, January 18, 2022
Motions to dismiss amended complaint, February 1, 2022
Opposition to US motion to dismiss, February 22, 2022
Plaintiffs’ notice of supplemental authority (), March 2, 2022
Donovan pltf notice supp auth NS TX 5C 3 2
Second amended complaint, March 4, 2022
US motion to dismiss second amended complaint, March 18, 2022
Donovan US ms dism 2d complaint 3 18
Opposition to US motion to dismiss, April 8, 2022
US reply supporting motion to dismiss, April 21, 2022
Order dismissing case, May 12, 2022
Notice of appeal, June 9, 2022
Ninth Circuit # 22-35474
Appellants’ motion to consolidate with Arizona case, July 11, 2022
9C pltf mo consol AZ case 7 11
US opposition to consolidation, July 21, 2022
Clerk order, August 26, 2022
Opening brief, October 24, 2022
Appellee brief, December 23, 2022
US notice of supplemental authority (6th Cir.), January 19, 2023
9C Donovan US addl auth 6C 1 19 23
| 02/26/2023 | 37 | Notice of Oral Argument on Monday, May 8, 2023 – 09:00 A.M. – SE 7th Flr Courtroom 2 – Scheduled Location: Seattle WA. The hearing time is the local time zone at the scheduled hearing location.
View the Oral Argument Calendar for your case here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available here. At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk’s Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Monday, May 8, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12661678]. [22-35474] (KS) [Entered: 02/26/2023 06:10 AM] |
====
Another Washington State case
Jensen v. Biden, No. 4:21-cv-5119 (E.D. Wash., filed Aug. 23, 2021)
[]
Order denying injunctive relief and dismissing case, November 19, 2021
===
Federal Employee and National Guard cases
====
THE OKLAHOMA NATIONAL GUARD CASE
Oklahoma v. Biden, No. 5:21-cv-1136 (W.D. Okla., filed Dec. 2, 2021)
Complaint
Emergency motion for TRO, December 3, 2021
Notice re possible recusal, December 6, 2021
Notice re possible recusal 12 6
Minute order, including scheduling, December 13, 2021
Minute order, including scheduling, 12 13
Plaintiffs’ declarations, December 15, 2021
Acting Adjutant General Mancino declaration, December 15, 2021
Acting Adjutant Gen Mancino dec 12 15
[more declarations]
Revised Mancino declaration, December 20, 2021
US opposition to TRO and preliminary injunction, December 22, 2021
Amended complaint, December 27, 2021
Reply supporting preliminary injunction, December 27, 2021
Order denying preliminary injunction, December 28, 2021
Plaintiffs’ additional authority (FMF), January 25, 2022
Amended complaint, February 15, 2022
US motion to dismiss, March 25, 2022
Plaintiffs’ opposition, May 16, 2022
US reply supporting motion to dismiss, May 26, 2022
Plaintiffs’ notice of supplemental authority (FMF), June 29, 2022
US notice of supplemental authority (Texas National Guard), July 1, 2022
Plaintiffs’ notice of new authority (Doster), July 28, 2022
US notice of recission, January 11, 2023
Show cause order, January 17, 2023
OK NG show cause order 1 17 23
Plaintiffs’ response to show cause order, February 3, 2023
OK NG pltf show cause resp 2 3 23
US reply, February 13, 2023
Plaintiffs’ status report, February 17, 2023
OK NG pltf status report 2 17 23
Voluntary dismissal by most, but not all, plaintiffs, February 17, 2023
OK NG most pltf notice dism 2 17 23
Voluntary dismissal one other plaintiff, March 3, 2023
Status report, March 3, 2023
Status report, March 7, 2023
Voluntary dismissal, last remaining plaintiff, March 7, 2023
| 03/07/2023 | Docket Annotation: With all plaintiffs having now voluntarily dismissed their claims, this case is closed. (llg) (Entered: 03/07/2023) |
==
THE TEXAS NATIONAL GUARD CASE
Abbott v. Biden, No. 6:22-cv-3 (E.D. Tex., filed Jan. 4, 2022)
Complaint and exhibits
Amended complaint including Alaska, January 25, 2022
Motion for preliminary injunction, and appendix, February 7, 2022
Joint motion for briefing schedule, February 22, 2022
Alaska brief in support, February 23, 2022
Abbott Alaska brief in support 2 23
Briefing schedule, February 24, 2022
March 9, 2022
Defendants’ consolidated preliminary injunc-tion response due
March 21, 2022
Plaintiffs’ consolidated reply due
April 1, 2022
Defendants’ consolidated sur-reply due
US opposition to motion for preliminary injunction, March 9, 2022
Texas Alaska reply supporting preliminary injunction, March 21, 2022
US sur-reply, April 1, 2022
Texas motion for hearing, June 3, 2022
| 06/06/2022 | NOTICE of Hearing on 24 plaintiffs’ motion for preliminary injunction. Plaintiffs’ motion for hearing 41 is granted. Motion hearing set for 6/22/2022 at 10:00 AM in Ctrm 306 (Tyler) before District Judge J. Campbell Barker. (ndc) (Entered: 06/06/2022) |
Opposition/motion to strike, June 6, 2022
Scheduling order, June 8, 2022
[hearing 6/23]
US response to new arguments, June 16, 2022
MInute entry, June 23, 2022
Order denying preliminary injunction, June 23, 2022
Texas notice of appeal, June 28, 2022
Fifth Circuit # 22-40399
Defendants’ proposed schedule, July 15, 2022
Appellants’ motion to expedite, July 19, 2022
Expediting order, July 20, 2022
5C TX NG expediting order 7 20
Plaintiffs’ agreement to stay, July 20, 2022
| 07/21/2022 | COURT ORDER: Plaintiff’s 54 motion to stay is granted. This case is stayed until 30 days after the Fifth Circuit issues its mandate in Case No. 22-40399. The parties shall file a status report prior to the expiration of this stay. Ordered by District Judge J. Campbell Barker on 7/21/2022. (ndc) (Entered: 07/21/2022) |
Appellant’s brief, August 22, 2022
Appellees’ brief, September 21, 2022
| 09/29/2022 | CASE CALENDARED for oral argument on Tuesday, 11/08/2022 in New Orleans in the West Courtroom — AM session. In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court’s docket and an acknowledgment form. All other counsel of record should monitor the court’s website for the posting of the oral argument calendars.. [22-40399] (SME) [Entered: 09/29/2022 01:35 PM] |
Appellants’ reply brief, October 12, 2022
| 11/08/2022 | ORAL ARGUMENT HEARD before Judges Stewart, Willett, Oldham. Arguing Person Information Updated for: Ryan Baasch arguing for Appellant Governor of the State of Texas Abbott, Greg; Arguing Person Information Updated for: Sarah Jane Clark arguing for Appellee Secretary Austin, U.S. Department of Defense, Appellee Joseph R. Biden, Appellee Department of Defense, Appellee Department of the Air Force, Appellee Department of the Army, Appellee Frank Kendall III [2aA2-40399] (SME) [Entered: 11/08/2022 09:19 AM] |
US notice re National Defense Authorization Act, December 29, 2022
5C Abbott US NDAA notice 12 29 22
US letter re policy change, January 11, 2023
5C TX NG US NDAA letter 1 11 23
US notice of recission, January 11, 2023
Confirmation letter re supplemental briefing by 1/18, January 11, 2023
5C Abbott US court rq supp br 1 11 23
US supplemental brief, January 18, 2023
Plaintiffs’ supplemental brief, January 18, 2023
+ +
Secretary Austin’s letter to Governor Abbott
defense-secretary-lloyd-austins-letter-to-texas-gov-greg-abbott
Secretary Austin’s letter to Governor Dunleavy
=========
OTHER CASES AGAINST FEDERAL VACCINE MANDATES
An Alabama case
America’s Frontline Doctors v. Becerra, No. 2:21-cv-702 (N.D. Ala., filed May 19, 2021)
Complaint
[]
Second motion for preliminary injunction, November 19, 2021
[]
US opposition to preliminary injunction/memo supporting motion to dismiss, December 17, 2021
===
Two D.C. federal employee vaccine cases, one of which is about service members
Costin v. Biden, No. 1:21-cv-2484 (D. D.C., filed September 23, 2021)
Complaint
xxx
Church v. Biden, No. 1:21-cv-2815 (D. D.C., filed October 24, 2021)
Complaint, with attachments
[]
Opinion, November 8, 2021
Status report, November 12, 2021
=======
A Maryland federal employee mandate case
Rydie v. Biden, No. 8:21-cv-2696 (D. Md., filed Oct. 20, 2021)
Complaint
Emergency motion for TRO, October 27, 2021
US opposition to TRO, November 12, 2021
Rydie TRO reply, November 16, 2021
| 11/18/2021 | 24 | Motions Hearing held on 11/18/2021 re 13 Plaintiff’s Motion to Seal Argued – DENIED; Plaintiff’s agreed to proceed; Clerk’s Office to unseal [13-1] and change the caption on the docket; 7 Plaintiff’s Emergency Motion for Temporary Restraining Order and Preliminary Injunction and to Proceed on Pseudonyms with Memorandum of Law in Support – Argued – TAKEN UNDER ADVISEMENT. The Court to issue a written decision for reasons stated on the record by and before Judge Deborah K. Chasanow.(Court Reporter: Patricia Klepp) (dhs, Deputy Clerk) (Entered: 11/18/2021) |
Unredacted complaint, November 18, 2021
[not available]
Order denying preliminary injunction, November 19, 2021
Notice of appeal, December 6, 2021
Fourth Circuit # 21-2359
Joint motion to stay district court proceedings pending interlocutory appeal, December 15, 2021
| 12/15/2021 | 33 | PAPERLESS ORDER GRANTING 32 joint motion to stay. Signed by Judge Deborah K. Chasanow on 12/15/2021. (Chasanow, Deborah) (Entered: 12/15/2021) |
Rydie motion for expedited appeal, December 20, 2021
4C Rydie mo xpedited cons 12 20
Order requiring response to motion by 12/21, December 20, 2021
4C order requesting response 12 20
US response to motion for expedition, December 21, 2021
Order expediting appeal, December 23, 2021
Briefing schedule, December 23, 2021
Rydie opening brief, December 29, 2021
US appellee brief, February 3, 2022
Rydie reply brief, February 10, 2022
Rydie motion to submit case on briefs, February 17, 2022
4C Rydie R mo submit on briefs 2 17
Order requesting US response, February 18, 2022
4C Rydie request for response 2 18
US response, February 18, 2022
4C Rydie US response re OA 2 18
Order removing case from calendar and submitting on briefs, February 22, 2022
4C Rydie order removing case from calendar 2 22
US notice of additional authority, April 8, 2022
Fourth Circuit opinion, April 19, 2022
US motion to publish, April 22, 2022
4C Rydie US mo to publish 4 22
Plaintiffs’ opposition to motion to publish, April 23, 2022
Order denying publication, April 25, 2022
4C Rydie order denying pub 4 25
===
A Texas case about the federal employee mandate
Rodden v. Fauci, No. 3:21-cv-317 (S.D. Tex., filed Nov. 5, 2021)
[]
[]
Memorandum opinion and order denying preliminary injunction, November 27, 2021
Rodden v. Fauci mem opinion and order 11 27
==
A Texas case by an NLRB lawyer against the President
Foley v. Biden, No. 4:21-cv-1098 (N.D. Tex., filed Sept. 29, 2021)
[]
Order denying preliminary injunction, October 6, 2021
Plaintiff’s motion to include additional defendants, October 8, 2021
Plaintiff’s response to Court’s 10/6 order, October 13, 2021
US response to motion to include additional defendants, October 29, 2021
US request for extension of time to answer, November 22, 2021
Plaintiffs’ response re extension of time to answer, November 23, 2021
US reply supporting extension of time, November 24, 2021
Order, November 29, 2021
[]
[]
[]
Foley additional authority analysis, December 23, 2021
Foley supp auth analysis 12 23
===
An Oklahoma case about federal employees
American Fed. of Gov’t Employees v. Biden, No. 5:21-cv-1300 (W.D. Okla., filed Nov. 29, 2021)
[]
Order dismissing case, July 22, 2022
==
A Texas case about contractors and federal employees
Feds for Medical Freedom v. Biden, No. 3:21-cv-356 (S.D. Tex., filed Dec. 21, 2021)
Complaint
Motion/memo/some exhibits for preliminary injunction, December 22, 2021
[other exhibits]
[other exhibits]
FMF notice of related cases, December 22, 2021
US opposition to preliminary injunction, January 10, 2022
FMF reply supporting preliminary injunction, January 11, 2022
FMF notice of additional authority (OSHA, CMS), January 13, 2022
FMF notice of additional authority OSHA CMS 1 13
US response to FMF notice of additional authority, January 18, 2022
FMF supplemental notice of related case, January 19, 2022
FMF supp notice related cases 1 19
Order, January 21, 2022
US notice of appeal, January 21, 2022
Clerk’s notice of the filing of an appeal, January 24, 2022
FMF clerk’s notice of filing an appeal 1 24
Fifth Circuit # 22-40043
US motion for stay pending appeal, January 28, 2022
Plaintiffs’ opposition to stay, February 1, 2022
[?]
US motion for stay pending appeal, February 4, 2022
America First amicus, February 8, 2022
45 Members of Congress amicus, February 9, 2022
FMF opposition to stay, February 9, 2022
Order carrying motion to stay with case, and briefing notice, February 9, 2022
Revised scheduling order, February 10, 2022
5C FMF revised exp br sched 2 10
| 02/11/2022 | CASE CALENDARED for oral argument on Tuesday, 03/08/2022 in New Orleans in the En Banc Courtroom — AM session. In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court’s docket and an acknowledgment form. All other counsel of record should monitor the court’s website for the posting of the oral argument calendars.. [22-40043] (SME) [Entered: 02/11/2022 09:04 AM] |
[US: 2/14. LA: 2/16. US reply: 2/18. OA: 3/8]
US reply supporting stay pending appeal, February 11, 2022
Trial court order denying stay pending appeal, February 11, 2022
US opening brief, February 14, 2022
57 Members of Congress amicus (supporting plaintiffs), February 16, 2022
Appellees’ brief, February 16, 2022
Unopposed motion to stay trial court proceedings, February 17, 2022
America First Legal Foundation motion for leave to file, with amicus, February 17, 2022
5C FMF America First F amicus 2 17
Order granting America First leave to file, February 18, 2022
5C FMF order granting America First amicus
Rodden plaintiffs’ amicus, February 18, 2022
5C Rodden plaintiffs amicus 2 18
US reply brief, February 18, 2022
Trial court stay order, February 21, 2022
FMF additional authority (Sambrano), February 22, 2022
5C FMF addl auth Sambrano 2 22
Institute for Health Research motion for leave to file, February 22, 2022
5C Inst Health Research mo leave 2 22
Questions from Keith Mohammed, February 22, 2022
FMF Keith Mohammed letter with questions 2 22
Institute for Health Research amicus, February 23, 2022
5C Inst Health Research amicus 2 23
US response re Sambrano, February 23, 2022
5C FMF US response Sambrano 2 23
[]
| 03/08/2022 | ORAL ARGUMENT HEARD before Judges Barksdale, Stewart, Dennis. Arguing Person Information Updated for: R. Trent McCotter arguing for Appellee John Armbrust, Appellee Raymond A. Beebe, Jr., Appellee Feds for Medical Freedom, Appellee Incorporated Highland Engineering; Arguing Person Information Updated for: Charles Wylie Scarborough arguing for Appellant Joseph R. Biden, Jr., Appellant Pete Buttigieg, Appellant Department of Transportation, Appellant United States of America [22-40043] (SME) [Entered: 03/08/2022 09:53 AM] |
Opinion, April 7, 2022
Order denying motion as moot, April 7, 2022
US motion for stay or immediate issuance of mandate, April 11, 2022
Plaintiffs’ opposition to stay, April 13, 2022
US additional authority (Rydie), April 20, 2022
5C FMF US addl auth Rydie 4 20
FMF response to US additional authority, April 20, 2022
5C FMF FMF resp US supp auth Rydie 4 20
FMF petition for rehearing en banc, May 21, 2022
Order requesting response by 6/2, May 23, 2022
5C FMF order rq eheb resp 5 23
America First amicus, May 27, 2022
5C FMF America First amicus 5 27
Rodden amicus, May 31, 2022
5C FMF Rodden rheb amicus 5 31
Airline Employees for Health Freedom amicus, May 31, 2022
5C FMF Airline Employees for Health Freedom amicus 5 31
America’s Frontline Doctors amicus, May 31, 2022
5C FMF America’s Frontline Doctors amicus 5 31
US opposition to rehearing en banc, June 2, 2022
Order for rehearing en banc, June 27, 2022
| 07/22/2022 | CASE CALENDARED for En Banc rehearing on Tuesday, 09/13/2022 in New Orleans In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court’s docket and an acknowledgment form. All other counsel of record should monitor the court’s website for the posting of the oral argument calendars. [22-40043] (SME) [Entered: 07/22/2022 08:17 AM] |
US en banc brief, July 27, 2022
Constitutional Accountability Center amicus, August 3, 2022
Appellees’ supplemental brief, August 26, 2022
America First Legal Foundation amicus, September 1, 2022
American Ass’n of Physicians and Surgeons amicus, September 1, 2022
FMF additional authority (Georgia contractor), September 2, 2022
America’s Frontline Doctors amicus, September 2, 2022
5C America’s Frontline Doctors amicus 9 2
38 Members of Congress amicus, September 2, 2022
Liberty Justice Center amicus, September 2, 2022
5C Liberty Justice Center amicus 9 2
Rodden amicus, September 2, 2022
America’s Future amicus, September 2, 2022
5C America’s Future amicus 9 2
US response re Georgia contractor decision, September 6, 2022
| 09/13/2022 | EN BANC ORAL ARGUMENT HEARD Richman, Jones, Smith, Barksdale, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson En Banc;. Arguing Person Information Updated for: R. Trent McCotter arguing for Appellee John Armbrust, Appellee Raymond A. Beebe, Jr., Appellee Feds for Medical Freedom, Appellee Incorporated Highland Engineering; Arguing Person Information Updated for: Charles Wylie Scarborough arguing for Appellant Joseph R. Biden, Jr., Appellant Pete Buttigieg, Appellant Department of Transportation, Appellant United States of America [22-40043] (SME) [Entered: 09/13/2022 09:40 AM] |
Plaintiffs’ additional authority (Louisiana contractor), December 23, 2022
5C FMF addl auth LA contr 12 23 22
US additional authority DC cases, March 20, 2023
5C FMF US addl auth DCC 3 20 23
US additional authority (Payne), March 21, 2023
5C FMF US addl auth Payne 3 21 23
FMF Payne response, May 21, 2023
5C FMF FMF Payne response 3 21 23
En banc opinion, March 23, 2023
5C FMF en banc opinion 3 23 23
[Mandate issued 5/15]
+++
Payne v. Biden, No. 22-5154 (D.C. Cir., March 21, 2023)
+++
Preliminary injunction in Texas v. EPA, No. 3:23-cv-17 (S.D. Tex., March 19, 2023)
======
Religious exemption cases: State and local and private mandates
======
Religious exemption cases: the military
National Defense Authorization Act, H.R. 7776, see sec. 525
SEC. 525. RESCISSION OF COVID-19 VACCINATION MANDATE.
Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall rescind the mandate that members of the Armed Forces be vaccinated against COVID-19 pursuant to the memorandum dated August 24, 2021, regarding ‘‘Mandatory Coronavirus Disease 2019 Vaccination of Department of Defense Service Members’’.
====
A Texas case on RFRA and the military
U.S. Navy Seals 1-26 v. Biden, No. 4:21-cv-1236 (N.D. Tex., filed Nov. 9, 2021)
Complaint
Pittman recusal, November 9, 2021
Navy Seals 1-26 Pittman recusal 11 9
Means transfer, November 9, 2021
Navy Seals 1-26 Means transfer 11 9
America First Policy Institute amicus, November 22, 2021
Motion for preliminary injunction, November 24, 2021
[other appendices]
Motion for protective order, December 1, 2021
US response re protective order, December 2, 2021
Protective order, December 2, 2021
US preliminary injunction opposition, December 10, 2021
[Exhibits]
Foundation for Moral Law amicus, December 15, 2021
NS Foundation for Moral Law amicus 12 15
Members of Congress amicus, December 17, 2021
NS Members of Congress amicus 12 17
Reply supporting preliminary injunction, December 17, 2021
US supplemental authority (Oklahoma, Guettlien), December 30, 2021
Order, January 3, 2022
Notice of appeal, January 21, 2022
Fifth Circuit # 22-10077
First amended class action complaint, January 24, 2022
NS 1-26 amended complaint 1 24
US motion to stay injunction pending appeal, January 24, 2022
Order for expedited briefing on stay motion, January 24, 2022
Class certification motion, memo, January 25, 2022
[Op, 1/31, reply, 2/2]
NS motion for order to show cause, memo, appendix, January 31, 2022
NS order to show cause scheduling order, January 31, 2022
NS opposition to stay pending appeal, and appendix, January 31, 2022
[Order to show cause response due 2/7, reply 2/10]
US reply supporting stay, with appendix, February 2, 2022
Motion, memo for classwide preliminary injunction, February 7, 2022
US motion, memo, appendix supporting dismissal, February 7, 2022
Scheduling order re classwide motion, February 7, 2022
[response due 2/23, reply 2/28]
US opposition to motion for order to show cause, and appendix, February 7, 2022
Plaintiffs’ motion for hearing, February 9, 2022
Plaintiffs’ motion for extension of time to reply supporting order to show cause, February 9, 2022
Scheduling order, February 10, 2022
Order denying stay, February 13, 2022
Plaintiffs’ reply, and appendix, supporting motion for order to show cause, February 13, 2022
US motion for partial stay, February 16, 2022
5C NS TX US partial stay mo 2 16
US notice re policy, February 17, 2022
Plaintiffs’ response to US motion for stay, and appendix, February 21, 2022
5C NS TX pltf stay op exhibit 2 21
US opposition to preliminary injunction, and appendix, February 23, 2022
NS TX US op classwide PI appendix 2 23
US reply supporting stay, February 23, 2022
Order denying stay, February 28, 2022
US application for partial stay, No. 21A477, March 7, 2022
20220307123349362_21A Texas Navy SEALS stay app
| Mar 07 2022 | Response to application (21A477) requested by Justice Alito, due by 4 p.m. on Monday, March 14, 2022. |
Opposition to stay, March 14, 2022
20220314105038299_Stay Application Opp
US reply supporting dismissal, March 14, 2022
US reply supporting stay, March 15, 2022
20220315170840331_21A477 Texas Navy SEALs – reply for filing
Stay order, with Kavanaugh concurrence, Thomas one-line dissent, and Alito/Gorsuch dissent, March 25, 2022
Order certifying class, granting preliminary injunction, and staying preliminary injunction in part, March 28, 2022
NS TX class cert and PI order 3 28
US appellants’ brief, March 28, 2022
National Institute of Military Justice amicus, April 5, 2022
5C NS TX Military Justice amicus 4 5
Partially opposed plaintiff motion for extension of time, April 12, 2022
5C NS TX partially opposed appellee xt mo 4 12
Webb intervention motion, May 2, 2022
US motion for protective order, memorandum, appendix, May 3, 2022
NS TX US protective order mo 5 3
NS TX US protective order ms 5 3
NS TX US protective order appendix 5 3
| 05/03/2022 | 149 | ELECTRONIC ORDER deferring ruling on 146 Motion for Protective Order. Plaintiffs to respond no later than May 9, 2022. Reply brief due no later than May 11, 2022. Deponent not required to attend deposition until the Court resolves the Emergency Motion. (Ordered by Judge Reed C. O’Connor on 5/3/2022) (Judge Reed C. O’Connor) (Entered: 05/03/2022) |
Order denying US motion to dismiss, May 7, 2022
[]
Protective order, May 11, 2022
US notice of interlocutory appeal, May 27, 2022
NS TX US notice of interlocutory appeal 5 27
Byrne release request, May 27, 2022
NS TX Byrne release request 5 27
Johnson release request, May 31, 2022
NS TX Johnson release request 5 31
Order for parties’ 6/8 responses, May 31, 2022
Appellees’ motion to consolidate appeals, June 1, 2022
5C NS TX appellee consol rq 6 1
US opposition to consolidating appeals, June 3, 2022
Emergency motion, June 3, 2022
| 06/03/2022 | 170 | ELECTRONIC ORDER: Before the Court is Plaintiffs’ Emergency Motion (ECF No. 169), filed at 6:58 p.m. on Friday, June 3, 2022. The Court ORDERS Defendants to respond to the Motion no later than 5:00 p.m. on Monday, June 6, 2022. (Ordered by Judge Reed C. O’Connor on 6/3/2022) (chmb) (Entered: 06/03/2022) |
Plaintiffs’ opposed request for extension to file appellee brief, June 3, 2022
5C NS TX appellee br xt rq 6 3
US opposition to extension, June 6, 2022
Plaintiffs’ reply supporting consolidation, June 6, 2022
5C NS TX pltf consol reply 6 6
US opposition to preliminary injunction, with exhibits, June 6, 2022
Plaintiffs’ reply, June 7, 2022
Order consolidating appeals and extending time, June 7, 2022
US response to opting out, June 8, 2022
Plaintiffs’ response to opting out, June 8, 2022
NS TX pltf response opt out 6 8
Mootness order, June 8, 2022
Fernandez motion for release, June 10, 2022
Order re people leaving the military, June 13, 2022
Webb notice of interlocutory appeal, June 13, 2022
NS TX Webb notice of appeal 6 13
Fifth Circuit # 22-10597
Protective order, July 8, 2022
NS TX uniform protective order 7 8
Inadvertent disclosure order, July 8, 2022
NS TX inadvertent production order 7 8
Order on Webb appeal, July 12, 2022
US motion to compel, with memo in support and appendix, August 18, 2022
gov.uscourts.txnd.355696.191.0
Order setting response deadline, August 19, 2022
Appellees’ brief, August 22, 2022
Liberty, Life and Law amicus, August 23, 2022
5C Liberty Life and Law amicus 8 23
Foundation for Moral Law amicus, August 23, 2022
Boykin amicus, August 29, 2022
Zywicki Singer amicus, August 29, 2022
Mississippi amicus, August 29, 2022
Plaintiffs’ response to US motion to compel, September 2, 2022
US reply supporting motion to compel, and appendix, September 9, 2022
US reply brief, September 12, 2022
Plaintiffs’ supplemental authority (Inspector General), September 13, 2022
Motion to compel responses to requests for admissions, with memo and appendices, October 14, 2022
Opposition to motion to compel, with appendix, November 4, 2022
NS TX pltf compel op appendix 11 4 22
US reply supporting motion to compel, November 18, 2022
NS TX US reply compel 11 18 22
US notice re motion to compel, December 7, 2022
Plaintiffs’ response to US notice, December 12, 2022
[]
US abeyance motion, December 27, 2022
5C NS TX US stay abeyance mo 12 27 22
Order for supplemental briefing on mootness, January 4, 2023
5C NS TX order for supp mootness b 1 4 23
[]
US notice re recission, January 11, 2023
NS TX US notice recission 1 11 23
Plaintiffs’ opposition to abeyance, January 13, 2023
5C NS TX pltf abeyance op 1 13 23
Plaintiffs’ supplemental brief on mootness, January 27, 2023
5C NS TX pltf supp br mootness 1 27 23
US supplemental brief on mootness, January 27, 2023
5C TX NG US supp br mootness 1 27 23
US notice re Fifth Circuit mootness brief, January 27, 2023
US notice re 5C filing 1 27 23
Scheduling order, January 30, 2023
US motion/memo to dismiss, and appendix, February 6, 2023
Plaintiffs’ opposition, and appendix, February 13, 2023
NS TX mootness op appendix 2 13 23
Plaintiffs’ post oral argument submission, February 13, 2023
5C NS TX pltf post OA subm 2 13 23
US notice and response, February 17, 2023
5C NS TX US notice and response 2 17 23
US mootness reply, and appendix, February 21, 2023
NS TX US mootness reply 2 21 23
NS TX mootness reply appendix 2 21 23
Order setting surreply for 3/8, February 22, 2023
NS TX order allowing surreply 2 22 23
Mediation order, February 27, 2023
Review of Alaska Mental Health Statutes
US update, February 28, 2023
NS TX US notice re guidance 2 28 23
Order for surreply to cover latest guidance, March 1, 2023
NS TX order for surreply to cover 3 1 23
Joint motion to stay, March 6, 2023
US notice re guidance, March 7, 2023
NS TX US addl guidance notice 3 7 23
Stay order, March 7, 2023
Sur-reply and appendix, March 8, 2023
NS TX pltf mootness surreply 3 8 23
NS TX pltf mootness surreply appendix 3 8 23
US supplemental authority (moot or dismissed cases), March 20, 2023
Mediation report, March 23, 2023
NS TX mediation report 3 23 23
US additional authority (CFMO), April 4, 2023
NS TX US addl auth CFMO 4 4 23
US additional authority (MD FLA), May 19, 2023
[]
===
A California case for a religious exemption
Dunn v. Austin, No. 2:22-cv-288 (E.D. Cal., filed Feb. 14, 2022)
Complaint
[]
| 02/22/2022 | 16 | MINUTES for proceedings held via video conference before District Judge John A. Mendez: MOTION HEARING held on 2/22/2022. T. Molloy appeared via video for Plaintiff. C. Enlow appeared via video for Defendants. Plaintiff present via video. The Court DENIED Plaintiff’s 4 Motion for Temporary Restraining Order converted to a Motion for Preliminary Injunction. Court Reporter: J. Coulthard. [TEXT ONLY ENTRY] (Michel, G.) (Entered: 02/22/2022) |
Ninth Circuit # 22-15286
[]
Order denying injunction pending appeal, April 1, 2022
Dunn stay application, No. 21A599, April 11, 2022
20220411162347802_Emergency Application J Dunn
Zywicki amicus, April 12, 2022
20220412151706897_Dunn – Supreme Court Amicus Brief
Mississippi (and Alaska) amicus, April 12, 2022
20220412154142789_No. 21A599 Motion for Leave to File and Brief of 23 States
| Apr 13 2022 | Response to application (21A599) requested by Justice Kagan, due by 5 p.m. (EDT) on Friday, April 15th, 2022. |
Becket Fund amicus, April 14, 2022
20220414162633921_Dunn v. Austin – Amicus Brief of BFRL
Air Force Officer amicus, April 14, 2022
US response, April 15, 2022
20220415154321337_21A599 Dunn Stay Opp final
Retired Officers amicus supporting applicant, April 15, 2022
20220415121734164_21A599 Dunn v. Austin Amicus
| Apr 18 2022 | Application (21A599) referred to the Court. |
| Apr 18 2022 | Application (21A599) denied by the Court. The application for an injunction pending appeal presented to Justice Kagan and by her referred to the Court is denied. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the application for an injunction pending appeal. |
==
A Georgia case for religious exemptions
Air Force Officer v. Austin, No. 5:22-cv-9 (M.D. Ga., filed Jan. 6, 2022)
Complaint
Motion for TRO/preliminary injunction, January 6, 2022
[]
Preliminary injunction, February 15, 2022
Amended complaint with class action allegations, February 28, 2022
AFO amended complaint w class 2 28
Motion to certify class, February 28, 2022
Motion for preliminary injunction, February 28, 2022
US motion to dismiss amended complaint, March 10, 2022
US motion to stay deadlines, March 10, 2022
| 3/11/2022 | 62 | This is a text only entry; no document issued. ORDER granting 61 Defendants’ Motion to Stay deadlines. The Court stays Defendants’ deadlines to respond to Plaintiff’s Amended Complaint, Motion for Class Certification and Motion for Classwide Preliminary Injunction until the Court rules on Defendants’ pending to motion to strike Plaintiff’s Amended Complaint. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 3/11/2022 (TES) (Entered: 03/11/2022) |
Motion for leave to file second amended complaint, March 31, 2022
Motion to certify class, March 31, 2022
Motion for classwide preliminary injunction, March 31, 2022
Opposition to motion to strike first amende complaint, March 31, 2022
ASO op to mo to strike 1st am C 3 31
US opposition to leave to file 2d amended complaint with class allegations, April 8, 2022
US notice of additional authority (Feds for Medical Freedom), April 11, 2022
US notice of appeal, April 12, 2022
Eleventh Circuit # 22-11200
Reply supporting second amended complaint, April 12, 2022
US motion to stay trial court proceedings, April 14, 2022
US notice of supplemental authority (Dunn), April 18, 2022
Plaintiffs’ opposition to staying trial court proceedings, April 22, 2022
US reply supporting stay, April 25, 2022
Plaintiffs’ motion for surreply, April 27, 2022
AFO AFO leave surreply mo 4 27
Omnibus order, April 27, 2022
Motion to certify class, etc., May 3, 2022
ASO class cert and class pi mo 5 3
US motion to dismiss, May 11, 2022
US class certification and classwide preliminary injunction opposition, May 24, 2022
Plaintiffs’ opposition to US motion to dismiss, June 1, 2022
Plaintiffs’ reply supporting class certification, June 7, 2022
US reply supporting dismissal, correction, acceptance, June 15, 16, 2022
AFO US reply supporting dism 6 15
AFO US unop motion to correct 6 16
| 06/16/2022 | 109 | This is a text only entry; no document issued. ORDER granting 108 Unopposed Motion to file corrected brief. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 6/16/2022 (TES) (Entered: 06/16/2022) |
US supplemental authority (Knick), June 17, 2022
[US footnote on cases allegedly going its way:
Knick represents the fourteenth such denial or outright dismissal of similar requests for relief.2
2 See Creaghan v. Austin, No. 22-cv-0981 (CKK), 2022 WL 1500544 (D.D.C. May 12, 2022),
appeal filed, No. 22-5135 (D.C. Cir. May 20, 2022); Navy SEAL 1 v. Austin, — F. Supp. 3d —, 2022 WL 1294486 (D.D.C. Apr. 29, 2022), appeal filed, No. 22-5114 (D.C. Cir. May 5, 2022); Roberts v. Roth, 21-cv-1797, 2022 WL 834148 (D.D.C. Mar. 21, 2022); Roth v. Austin, No. 8:22CV3038, 2022 WL 1568830 (D. Neb. May 18, 2022), appeal filed, No. 22-2058 (8th Cir. May 20, 2022); Church v. Biden, — F. Supp. 3d —, 2021 WL 5179215 (D.D.C. Nov. 8, 2021); Thomas Short v. Berger, No. 22-cv-00444, 2022 WL 1203876 (D. Ariz. Apr. 22, 2022), appeal filed, No. 22-15755 (9th Cir. May 18, 2022); Vance v. Wormuth, No. 3:21-cv-730-CRS, 2022 WL 1094665 (W.D. Ky. Apr. 12, 2022); Mark Short v. Berger, No. 22-cv-1151, 2022 WL 1051852 (C.D. Cal. Mar. 3, 2022); Ex. 31, Dunn v. Austin, No. 22-cv-00288 (E.D. Cal. Feb. 22, 2022) (“Dunn Op.”); Robert v. Austin, 21-cv-02228, 2022 WL 103374 (D. Colo. Jan. 11, 2022); Oklahoma v. Biden, — F. Supp. 3d —, 2021 WL 6126230 (W.D. Okla. Dec. 28, 2021); Guettlein v. U.S. Merch. Marine Acad., — F. Supp. 3d —, 2021 WL 6015192 (E.D.N.Y. Dec. 20, 2021); Doe #1-#14 v. Austin, — F. Supp. 3d —, 2021 WL 5816632 (N.D. Fla. Nov. 12, 2021).]
AFO response to supplemental authority, June 21, 2022
US reply supporting motion to dismiss, June 23, 2022
AFO notice of additional authority (Carson, Kennedy, FMF), June 29, 2022
US notice of additional authority (venue), July 8, 2022
AFO US notices addl auth venue 7 8 22
AFO response re venue, July 13, 2022
AFO AFO response (MD FL severance) 7 13
AFO notice of additional authority (Doster), July 14, 2022
AFO AFO notice addl auth Doster 7 14
US “notice of significant factual development”, July 22, 2022
US notice of additional authority (WD OK), July 25, 2022
AFO US notice addl auth WD OK 7 25
Plaintiffs’ motion to stay Counts I and II, August 4, 2022
US response, August 4, 2022
Plaintiffs’ reply, August 4, 2022
Order staying Counts I, II, And III, August 5, 2022
AFO motion to stay, August 12, 2022
Stay order (pending Doster), August 24, 2022
Status report, September 14, 2022
Status report, October 13, 2022
Status report, November 14, 2022
11C AFO status report 11 14 22
Status report, December 14, 2022
US notice to court re NDAA, December 27, 2022
11C AFO US NDAA notice 12 27 22
US recission notice, January 11, 2023
11C AFO recission notice 1 11 23
Status report, January 13, 2023
Status report, February 14, 2023
Status report, March 14, 2023
Status report, April 14, 2023
Status report, May 12, 2023
[]
========
A Colorado case against the federal vaccine mandate
Robert v. Austin, No. 1:21-cv-2228 (D. Colo., filed Aug. 17, 2021)
[]
Order denying TRO, September 1, 2021
[]
US combined opposition to preliminary injunction and motion to dismiss, November 23, 2021
Robert US PI op and ms dism 11 23
Plaintiffs’ opposition to motion to dismiss, December 16, 2021
US reply supporting dismissal, December 23, 2021
===
Florida cases against the federal vaccine mandate
Doe v. Austin, No. 3:21-cv-1211 (N.D. Fla., filed Oct. 6, 2021)
[]
| 11/03/2021 | 44 | Minute Entry for proceedings held before JUDGE ALLEN C WINSOR:Telephonic Motion Hearing held on 11/3/2021 re 3 Emergency MOTION for Declaratory Judgment and 10 Motion for Temporary Restraining Order – 9:04 a.m. to 11:25 a.m. – Brandon Johnson and Irbrhim Reyes present for the Plaintiffs and Drew Carmichael present for the defendants – arguments presented by both sides – written order to follow (Court Reporter Lisa Snyder (USDC-Tallahassee)) (tss) (Entered: 11/04/2021) |
Order denying preliminary injunction motions, November 12, 2021
Doe (Coker) v. Austin order denying PI 11 12
==
Navy Seal 1 v. Biden, No. 8:21-cv-2429 (M.D. Fla., filed October 15, 2021)
Complaint
[]
Scheduling order, October 18, 2021
[]
Order, November 22, 2021
US class certification opposition, December 3, 2021
Navy Seal US class cert op 12 3
First US notice re religious exemptions, January 7, 2022
NS FL US first notice re exemptions 1 7
Guthart notice re denial of his exemption, January 7, 2022
NS FL Guthart communication 1 7
Motion for leave to amend complaint, January 20, 2022
Renewed motion for preliminary injunction, January 21, 2022
Navy Seal 1 renewed PI motion 1 21
Second US notice of compliance, January 21, 2022
Navy Seal 1 second US notice of compliance 1 21
US opposition to motion for leave to amend complaint, January 28, 2022
NS US amended complaint op 1 28
Motion for TRO, February 1, 2022
US notice re TRO response, February 1, 2022
Navy Seals US notice re TRO memo 2 1
Order directing US response by 5 pm 2/2, February 2, 2022
Navy Seals order for response 2 2
US response, February 2, 2022
TRO, February 3, 2022
US compliance notice, February 4, 2022
Navy Seal US compliance notice 2 4
US opposition to preliminary injunction, February 4, 2022
Amended complaint, February 7, 2022
[]
[]
Order extending preliminary injunction to February 18, February 11, 2022
[]
Procedural order, February 12, 2022
[]
[]
[]
Order for pseudonyms, February 18, 2022
Preliminary injunction, February 18, 2022
Plaintiffs’ second declaration, February 22, 2022
US notice of intent to respond to second declaration, February 23, 2022
NS FL US notice intent respond 2 23
US notice of appeal, February 25, 2022
NS FL US notice of appeal 2 25
[]
US emergency stay motion, February 28, 2022
Preliminary opposition to US motion, March 1, 2022
Plaintiffs’ TRO motion, March 2, 2022
Order denying immediate administrative stay, March 2, 2022
Eleventh Circuit # 22-10645
US time sensitive motion to stay, March 3, 2022
11C US time sensitive mo stay 3 3
Letter opposing stay, March 3, 2022
US reply supporting stay, March 3, 2022
US notice re compliance deadline, March 3, 2022
US notice of compliance deadline xt 3 3
Plaintiff’s response to US notice, March 3, 2022
NS FL pltf response US notice 3 3
Further US opposition to class certification, March 4, 2022
NS FL further US class cert op 3 4
Eleventh Circuit order directing response by 3/14, March 7, 2022
11C order directing response 3 7
Macik TRO motion, March 8, 2022
Plaintiffs’ opposition to stay pending appeal, March 9, 2022
[Hearing, 3/10]
US opposition to TRO, March 11, 2022
Order denying stay pending appeal, March 11, 2022
NS FL order denying stay pending appeal 3 11
Plaintiffs’ response to 11th Cir. stay motion, March 15, 2022
US reply supporting stay, March 16, 2022
US motion to dismiss, March 18, 2022
US opposition to TRO (Macik), March 22, 2022
Motion for TRO, March 23, 2022
US partial opposition to TRO, March 24, 2022
Plaintiffs’ additional authority (Ramirez v. Collier), March 24, 2022
NS FL pltf addl auth Ramirez 3 24
Plaintiffs’ additional authority (Ramirez v. Collier), March 24, 2022
11C pltf notice addl auth Ramirez 3 24
Plaintiffs’ notice of additional authority (U.S. Supreme Court stay in NS TX), March 28, 2022
11C pltf notice supp auth NS TX 3 28
US response to plaintiffs’ supplemental authority (Ramirez), March 28, 2022
11C US supp auth Ramirez response 3 28
US response to Navy Seals (Texas), March 28, 2022
11C US supp response NS TX 3 28
US additional authority (Navy Seals Texas), March 29, 2022
Plaintiffs’ supplemental response, March 30, 2022
Eleventh Circuit partial stay order, March 30, 2022
11C NS FL partial stay order 3 30
Plaintiffs’ motion for TRO, March 30, 2022
Preliminary injunction, April 1, 2022
US opposition to TRO, April 6, 2022
US air force cadet motion for TRO, April 8, 2022
NS FL air force cadet TRO mo 4 8
US response to U.S. Supreme Court order, April 8, 2022
US notice of intent to respond to TRO motion, April 8, 2022
Appellants’ brief, April 11, 2022
Third declaration supporting PI and class certification, April 15, 2022
US opposition to TRO (Cadet), April 15, 2022
Order extending temporary injunctive relief, April 15, 2022
US notice of supplemental authority (Dunn), April 20, 2022
Order for injunctive relief, April 21, 2022
Order partially granting TRO, April 25, 2022
NS FL order partly granting TRO 4 25
US notice of supplemental authority, April 25, 2022
Plaintiffs’ supplemental memorandum supporting motions, April 26, 2022
US declarations, April 27, 2022
Plaintiffs’ TRO memorandum, April 28, 2022
Minute entry, April 28, 2022
Order extending injunctive relief to 5/19, May 5, 2022
NS FL order extending inj r 5 5
Extension order, May 9, 2022
US motion to file supplemental brief on class certification, May 13, 2022
Order allowing filing, May 16, 2022
NS FL leave to respond re class cert 5 16
Liberty, Life, and Law amicus, May 16, 2022
11C NS liberty life amicus 5 16
US supplemental opposition to class certification, May 23, 2022
Plaintiffs’ opposition to US motion to dismiss, May 24, 2022
Unopposed Navy Seals motion for miscellaneous relief, May 24, 2022
Order severing cases by branch of service, June 2, 2022
NS FL severing cases by branch of service 6 2
Appellee brief, June 10, 2022
American Constitutional Rights Union amicus, June 17, 2022
11C Am Const Rights Union amicus 6 17
Air Force Officer (Middle Georgia plaintiff) amicus, June 17, 2022
US reply brief, July 1, 2022
Plaintiffs’ additional authority (Sixth Circuit Doster), December 2, 2022
11C NS FL pltf supp auth Doster 6C 12 2 22
US notice re House passage of NDAA amendment, December 9, 2022
| 12/14/2022 | 68 | Oral argument held this date. Oral Argument presented by Sarah Jane Clark for Appellants Secretary, US Department of the Army, Secretary US Department of the Air Force, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy, Secretary of the United States Department of Defense and Commandant, United States Marine Corps and Mathew Duane Staver for Appellees Captain, Major, Navy Seal 1, Navy Seal 2, EOD Officer, Senior Chief Petty Officer, Chaplain, Lieutenant Colonel 1, Lieutenant Colonel 2, Second Lieutenant, Army Ranger, Lance Corporal 1, Lance Corporal 2, Air Force Major, National Guardsman, Coast Guard Lieutenant, Technical Sergeant, Colonel, Commander Surface Warfare Officer, Navy Chief Warrant Officer, Colonel Financial Management Officer and Reserve Lieutenant Colonel. [Entered: 12/14/2022 02:17 PM] |
US notice re NDAA, December 27, 2022
11C US notice re NDAA 12 27 22
Order for mootness briefing, January 10, 2023
NS FL scheduling order 1 10 23
US notice of recission, January 11, 2023
NS FL notice recission 1 11 23
US notice of recission, January 11, 2023
11C NS FL notice recission 1 11 23
Unopposed motion for abeyance, January 17, 2023
11C NS FL unop abeyance mo 1 17 23
US motion to dismiss, January 18, 2023
Abeyance order, January 23, 2023
Status report, February 15, 2023
11C NS FL status report 2 15 23
Status report, March 15, 2023
11C NS FL status report 3 15 23
Indicative ruling, April 3, 2023
NS FL indicative ruling 4 3 23
Motion to remand, April 17, 2023
11C NS FL US remand mo 4 17 23
==
US notice of additional authority (venue dismissals), July 8, 2022
AFO US notice of addl auth venue 7 8
[]
AFO US notice addl auth WD OK 7 25
US supplemental authority (Doster), August 4, 2022
11C AFO US supp auth Doster 8 4
Stay order, August 5, 2022
AFO motion to stay, August 12, 2022
Plaintiffs’ supplemental authority (Colonel FMO), November 16, 2022
11C NS FL addl auth Colonel FMO 11 16
Plaintiffs’ supplemental authority (IG memo), November 16, 2022
Plaintiffs’ supplemental authority (Doster), December 2, 2022
11C NS FL pltf supp auth Doster 6C 12 2 22
US notice re Defense Authorization Act, December 9, 2022
11C NS FL US notice re def authz act 12 9 22
| 12/14/2022 | 68 | Oral argument held this date. Oral Argument presented by Sarah Jane Clark for Appellants Secretary, US Department of the Army, Secretary US Department of the Air Force, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy, Secretary of the United States Department of Defense and Commandant, United States Marine Corps and Mathew Duane Staver for Appellees Captain, Major, Navy Seal 1, Navy Seal 2, EOD Officer, Senior Chief Petty Officer, Chaplain, Lieutenant Colonel 1, Lieutenant Colonel 2, Second Lieutenant, Army Ranger, Lance Corporal 1, Lance Corporal 2, Air Force Major, National Guardsman, Coast Guard Lieutenant, Technical Sergeant, Colonel, Commander Surface Warfare Officer, Navy Chief Warrant Officer, Colonel Financial Management Officer and Reserve Lieutenant Colonel. [Entered: 12/14/2022 02:17 PM] |
Notice of impasse, March 31, 2023 (also CFMO, below)
NS FL notice of impasse 3 31 23
Indicative ruling, April 3, 2023
Click to access 047125485154.pdf
Motion for remand, April 17, 2023, see below
Remand order, May 9, 2023
Click to access 11c-ns-fl-and-cfmo-remand-order-5-9-23.pdf
Order dismissing case as moot, and judgment, May 17, 2023
Click to access 047125653398.pdf
Click to access 047125654526.pdf
====
Colonel Financial Management Officer v. Austin, No. 8:22-cv-1275 (M.D. Fla., filed )
[]
[]
Order on class certification and classwide preliminary injunction, August 18, 2022
Order on motion to dismiss, August 18, 2022
Answer to third amended complaint, September 15, 2022
US motion to show cause re dismissal of warrant officer, October 13, 2022
1275 US osc rq re one officer 10 13 22
US notice of interlocutory appeal, October 14, 2022
1275 US notice of interloc appeal 10 14
[]
US emergency motion to stay, December 21, 2022
Order for response, December 22, 2022
Joint notice, December 23, 2022
Opposition to stay, December 29, 2022
Scheduling order, December 30, 2022
CFMO scheduling order 12 30 22
US notice of recission, January 11, 2023
NS FL notice recission 1 11 23
US notice of recission (in NS FL and this case), January 11, 2023
11C NS FL notice recission 1 11 23
US motion to dismiss, January 18, 2023
US third motion for stay, January 18, 2023
Temporary stay, January 20, 2023
CFMO abeyance, January 23, 2023
US notice re health protection guidance, January 31, 2023
CFMO US notice re health protection guidance 1 31 23
Plaintiffs’ opposition to US motion to dismiss, February 1, 2023
US request to file reply, February 9, 2023
| 02/10/2023 | 283 | ENDORSED ORDER: The defendants’ unopposed motion (Doc. 282) to file a supplemental memorandum in support of the motion to dismiss is GRANTED. No later than FEBRUARY 14, 2023, the defendants may file a supplemental memorandum not to exceed five pages. Signed by Judge Steven D. Merryday on 2/10/2023. (WBW) (Entered: 02/10/2023) |
Supplemental US memo supporting dismissal, February 14, 2023
Status report, February 15, 2023
US notice re Navy guidance, February 22, 2023
CFMO US notice re Navy 2 22 23
US notice re implementation, February 28, 2023
CFMO US implementation guidance 2 28 23
US additional authority re mootness, March 8, 2023
CFMO US suppl auth mootness 3 8 23
Two panels of the Ninth Circuit Court of Appeals dismissed Service members’ appeals from the denial of preliminary injunctions prohibiting enforcement of the military’s COVID-19 vaccination requirement, finding moot those requests for injunctive relief. See Short v. Berger, Nos. 22-15755, 22-16607 (9th Cir. Feb. 24, 2023) (a Marine Corps
case); Dunn v. Austin, No. 22-15286 (9th Cir. Feb. 27, 2023). Several district courts have likewise noted that challenges to the COVID-19 vaccination requirement are moot. See Alvarado v. Austin, No. 122CV876AJT-JFA, 2023 WL 2089246, at *3 (E.D. Va. Feb. 17, 2023) (“requests and any relief therefrom are now stale given the Rescission Memo”); Chancy, et al. v. Biden, et al., 1:22-cv-110, ECF No. 32 (N.D. Fla. Feb. 14, 2023) (dismissing case challenging military COVID-19 vaccine requirement as moot); Clements v. Austin, No. 2:22-2069-RMG, ECF No. 57 (D.S.C. March 7, 2023) (denying preliminary injunction as moot). Other cases related to the DoD vaccine
requirement have been voluntarily dismissed after the rescission. See Okla. v. Biden, No: 5:21-cv-01136, ECF Nos. 77, 78, 82 (W.D. Okla. Feb. 17, 2023 and March 7, 2023); Church v. Biden, No. 1:21-cv-2815, ECF No 43 (D.D.C. Jan. 23, 2023) (including Marine Corps plaintiffs); Air Force Major v. Austin, No. 3:22-cv-00756, ECF No. 25 (N.D. Tex. March 7, 2023).
US supplemental authority, March 17, 2023
CFMO US supp auth mootness 3 17 23
See Roth v. Austin, No. 22-2058, 2023 WL
2531885 (8th Cir. Mar. 16, 2023) (unanimously concluding that issue was moot in
light of statutory rescission); Navy Seal 1 v. Austin, Nos. 22-5114, 22-5135, 2023 WL
2482927 (D.C. Cir. Mar. 10, 2023) (per curiam) (dismissing appeals and vacating
judgments as moot).
Indicative ruling, April 3, 2023
NS FL indicative ruling 4 3 23
Motion for remand, April 17, 2023
11C CWO motion for remand 4 17 23
For rulings in this case, see 8:21-cv-2429, above
Here is a collection of cases and materials on COVID vaccination mandates, with some added materials on COVID mask mandates. One of those mask mandate cases, a challenge to the CDC’s airplane mandate, is over on the CDC page.
The vaccination mandate cases start with the Supreme Court’s decisions on stays in the CMS health care worker vaccination mandate and the OSHA vaccination or test mandate cases, with the Supreme Court level filings in those cases.
Then there are the Federal Register notices, etc., on the CMS health care worker vaccination mandate, the OSHA vaccination or test mandate, and the HeadStart worker vaccination mandate;
Followed by other cases on the CMS mandate, including lower-level filings in the Eastern Missouri and Western Louisiana cases;
Then there are two cases on the HeadStart mandate; and
Other cases on the OSHA mandate.
After that — Cases on the federal contractor mandate (brought by States);
Cases on the federal employee mandate (non-military);
And cases involving religious exemptions, whether to military mandates or to State mandates or, in the Sambrano v. United Airlines case, to private employers dealing with Title VII claims to religious objections.
Finally, so far as vaccination mandates go, some miscellaneous cases.
Also included are some cases about mask mandates.
First, a link to a short-term calendar on vaccination mandate cases brought by anti-mandate States:
vaccination-mandate-cases-updated-2-12-22-12-45-pm
============
The CMS, OSHA, and Head Start cases
CMS opinion, Biden v. Missouri, No. 21A240, and Becerra v. Louisiana, No. 21A241 (January 13, 2022)
OSHA opinion, 26 Business Associations (NFIB), No. 21A244, and Ohio, No. 21A247 (January 13, 2022)
========
THE CMS VACCINATION MANDATE CASES AT THE SUPREME COURT
Biden v. Missouri, No. 21A240 (Dec. 16, 2021)
Becerra v. Louisiana, No. 21A241 (Dec. 16, 2021)
===
CMS’s PRINCIPAL PLEADINGS
Biden v. Missouri, No. 21A240 (Dec. 16, 2021)
US application for stay, No. 21A240, December 16, 2021
20211216174120640_Biden v. Missouri – CMS Vaccine Mandate Stay Application
Appendix of lower court opinions
20211216174132311_21A__ Biden v. Missouri -CMS Mandate – Appendix to Govt Stay Application
Becerra v. Louisiana, No. 21A241 (Dec. 16, 2021)
US stay application, No. 21A241, December 16, 2021
20211216173745233_Becerra v. Louisiana – CMS Vaccine Mandate Stay Application
Appendix of lower-court opinions
20211216173757030_21A__ Becerra v. Louisiana – CMS Mandate – Appendix to Govt Stay Application-2
US reply, January 3, 2022
20220103092323377_21A240 21A241 – Government Combined Reply final
===
AMICUS AND OTHER FILINGS SUPPORTING CMS
AMA amicus, December 21, 2021
20211221183749235_FOR FILING CA8 COC for CA8 CMS stay app
SEIU amicus, December 22, 2021
20211222131435950_21A240_Motion for Leave and Amici Brief of SEIU et al.12.22.22
American Public Health Ass’n amicus, December 23, 2021
20211223134535380_21A240 -241 Amici Brief American Public Health Assoc
Former HHS Secretaries and CMS Administrators amicus, December 23, 2021
20211223153435342_21A240 Brief of Amici Former Federal Health Officials PDFA
===
RESPONDENT STATES’ PRINCIPAL PLEADINGS
Missouri response, and appendix, December 30, 2021
20211230120003811_Response to Stay Application
20211230120308944_Respondents Appendix
Louisiana/Arizona response, December 30, 2021
20211230141226947_CMS Stay Opp Final
===
AMICUS AND OTHER FILINGS SUPPORTING RESPONDENTS
Baptist Homes and Healthcare Ministries amicus, December 30, 2021
20211230152102552_41916 pdf Whitehead
Doctors for Disaster Preparedness amicus, January 3, 2022
20220103094648444_amici brief by DDP and EFELDF 21A240
Reliant amicus, January 3, 2022
20220103123842921_21A240 – Reliant Amicus in Support of Respondents – FINAL
===
PROCEDURAL MATTERS AT THE SUPREME COURT
| Dec 17 2021 | Response to application (21A240) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
| Dec 22 2021 | Application (21A240) referred to the Court. |
| Dec 22 2021 | Consideration of the application (21A240) for stay presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. Consideration of the application (No. 21A241) for stay presented to Justice Alito and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of one hour is allotted for oral argument. The applications are set for oral argument on Friday, January 7, 2022. |
| Dec 23 2021 | Because the Court has consolidated these applications for oral argument, future filings and activity in 21A240 and 21A241 will now be reflected on the docket of No. 21A240. Subsequent filings must therefore be submitted through the electronic filing system in No. 21A240. Any document submitted in connection with either of these applications must include on its cover the application number and caption for each application in which the filing is intended to be submitted. Where a filing is submitted in only one application, the docket entry will reflect that; a document filed in both applications will be noted as “VIDED.” |
| Dec 23 2021 | Replies, if any, shall be filed by 10am on Monday, January 3, 2022. |
Joint respondents’ motion for divided argument, December 28, 2021
20211228121827087_CMS – Joint Motion for Divided Argument
| Dec 30 2021 | Motion for divided argument filed by respondents GRANTED. VIDED. |
“Day Call” for January 7
Oral argument, January 7, 2022
Opinion, January 13, 2022
====
THE OSHA VACCINATION MANDATE AT THE SUPREME COURT
26 Business Associations, 21A244
Ohio, 21A247
==
PETITIONERS’ PRINCIPAL PLEADINGS
26 Business Associations application, 21A244, December 17 [?], 2021
Ohio stay request, 21A247, December 18 [?], 2021
20211218002842314_SCOTUS Stay Request – OSHA
Ohio reply, January 3, 2022
20220103082552049_SCOTUS Reply ISO Stay Application
NFIB reply, January 3, 2022
===
AMICUS AND OTHER FILINGS SUPPORTING PETITIONERS
Washington Legal Foundation amicus, and certificate of compliance, December 20, 2021
20211220151008010_WLF Amicus – OSHA ETS Applications
Liberty, Life and Law amicus, December 28, 2021
20211228132049446_tsac LLLF OSHA MANDATES
Tore Says amicus, December 28, 2021
20211228183343380_Tore Says LLC_Amicus Brief_SCOTUS
Standard Process amicus, December 29, 2021
20211229132956806_Motion for Leave to File and Amicus Brief
Defending the Republic amicus, December 29, 2021
We the Patriots USA amicus, December 30, 2021
20211230102947463_21A243 Amicus Brief
Advancing American Freedom amicus, December 30, 2021
20211230114342444_IN RE MCP NO. 165
IU Family for Choice, Not Mandates amicus, December 30, 2021
20211230124421999_IU VAX Amicus Brief FINAL
Center for Medical Freedom amicus, December 30, 2021
20211230151458044_NFIB v. OSHA amicus brief
America’s Frontline Doctors amicus, December 30, 2021
20211230162830733_AFLDS amicus brief in support of emergency applications re OSHA ETS cases
[183] Members of Congress amicus, December 30, 2021
20211230171756458_MOC Amicus FINAL
Texas Values amicus, January 3, 2022
Feliciano amicus, January 5, 2022
20220105155856533_21A OSHA Mandate Amicus
400 Physicians, etc., amicus, January 6, 2022
20220106142119366_OSHA Amicus final
Two Unnamed Workers amicus, January 6, 2022
20220106153032887_AMICUS BRIEF-1-6-2022
American Commitment Foundation amicus, January 6, 2022
20220106153204637_220103a Motion and Brief for efiling
===
OSHA’S PRINCIPAL PLEADINGS
OSHA response, December 30, 2021
20211230152222881_21A243 et al OSHA stay opp
===
AMICUS AND OTHER FILINGS SUPPORTING OSHA
Former OSHA Administrators amicus, December 22, 2021
20211222083203225_Jeffress et al amicus brief – S Ct 2021.12.22
Constitutional Accountability Center amicus, December 23, 2021
20211223104532114_OSHA Scotus Motion Brief FINAL
AFL-CIO petitioners’ opposition, December 30, 2021
20211230111100851_Union Petitioners Opposition Brief esigned
American Public Health Ass’n amicus, December 30, 2021
20211230132243997_21A244 -247 bsac American Public Health Assoc
American Medical Ass’n amicus, December 30, 2021
20211230135726547_FOR FILING SCOTUS OSHA ETS amicus
Local Unions’ amicus, December 30, 2021
20211230141352503_IBEW 97 1249 Vaccine Mandate Amicus Brief FINAL
National Disability Rights Network amicus, December 30, 2021
Small Business Majority amicus, December 30, 2021
20211230154524540_41925 Markos Amicus brief
Alsco, Inc., amicus, January 6, 2022
20220106130154976_2022-01-06 Alsco – Vaccine Mandate ETS – Amicus Brief
===
PROCEDURAL MATTERS AT THE SUPREME COURT
| Dec 20 2021 | Response to application (21A244) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
| Dec 22 2021 | Application (21A244) referred to the Court. |
| Dec 22 2021 | Consideration of the applications (21A244 and 21A247) for stay presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of one hour is allotted for oral argument. The applications are set for oral argument on Friday, January 7, 2022. |
| Dec 23 2021 | Because the Court has consolidated these applications for oral argument, future filings and activity in 21A244 and 21A247 will now be reflected on the docket of No. 21A244. Subsequent filings in No. 21A244 and/or 21A247 must therefore be submitted through the electronic filing system in No. 21A244. Any document submitted in connection with either of these applications must include on its cover the application number and caption for each application in which the filing is intended to be submitted. Where a filing is submitted in only one application, the docket entry will reflect that; a document filed in both applications will be noted as “VIDED.” |
Movants’ motion for divided argument, December 23, 2021
20211223104532114_OSHA Scotus Motion Brief FINAL
| Dec 23 2021 | Replies, if any, shall be filed by 10am on Monday, January 3, 2022. |
| Dec 30 2021 | Motion for divided argument filed by applicants GRANTED. VIDED. |
“Day Call” for January 7
Oral argument, January 7, 2022
Opinion, January 13, 2022
===
OTHER OSHA-CASE APPLICATIONS TO THE SUPREME COURT
Job Creators Network application to stay, 21A243, December 17 [?], 2021
26 Business Associations application, 21A244, December 17 [?], 2021
Phillips Manufacturing application, 21A245, December 17 [?], 2021
Southern Baptist application, 21A246, December 17 [?], 2021
Ohio stay request, 21A247, December 18 [?], 2021
BST Holdings application, 21A248, December 18 [?], 2021
Heritage Foundation application, 21A249, December 18 [?], 2021
Word of God Fellowship application, 21A250, December 20 [?], 2021
Associated Builders & Contractors application, 21A251, December 20, 2021
Bedke application, 21A252, December 20, 2021
Republican National Committee application, 21A258, December 20 [?], 2021
Betten Chevrolet application, 21A259, December 20 [?], 2021
Bentkey application, 21A260, December 21, 2021
FabArc application, 21A267, December 21 [?], 2021
===
Job Creators Network application to stay, 21A243, December 17 [?], 2021
20211217193352859_Application to Stay
| Dec 20 2021 | Response to application (21A243) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
Washington Legal Foundation amicus, and certificate of compliance, December 20, 2021
20211220151008010_WLF Amicus – OSHA ETS Applications
Former OSHA Administrators amicus, December 22, 2021
20211222083203225_Jeffress et al amicus brief – S Ct 2021.12.22
Constitutional Accountability Center amicus, December 23, 2021
20211223104532114_OSHA Scotus Motion Brief FINAL
—-
26 Business Associations application, 21A244, December 17 [?], 2021
| Dec 20 2021 | Response to application (21A244) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
| Dec 22 2021 | Application (21A244) referred to the Court. |
| Dec 22 2021 | Consideration of the applications (21A244 and 21A247) for stay presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of one hour is allotted for oral argument. The applications are set for oral argument on Friday, January 7, 2022. |
—-
Phillips Manufacturing application, 21A245, December 17 [?], 2021
20211217194922190_Phillips Stay App
| Dec 20 2021 | Response to application (21A245) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
—-
Southern Baptist application, 21A246, December 17 [?], 2021
20211217225901961_2021.12.17 In Re OSHA Emergency Application for Stay and Cert with Appendix
| Dec 20 2021 | Response to application (21A246) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
—-
Ohio stay request, 21A247, December 18 [?], 2021
20211218002842314_SCOTUS Stay Request – OSHA
| Dec 20 2021 | Response to application (21A247) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
| Dec 22 2021 | Application (21A247) referred to the Court. |
| Dec 22 2021 | Consideration of the applications (21A244 and 21A247) for stay presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of one hour is allotted for oral argument. The applications are set for oral argument on Friday, January 7, 2022. |
—
BST Holdings application, 21A248, December 18 [?], 2021
20211218024838102_2021-12-18 BST Emergency Application SCOTUS v14 BK
| Dec 20 2021 | Response to application (21A248) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
—-
Heritage Foundation application, 21A249, December 18 [?], 2021
20211218232059023_Heritage SCOTUS application
| Dec 20 2021 | Response to application (21A249) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
—-
Word of God Fellowship application, 21A250, December 20 [?], 2021
20211219003823815_Emerg App Stay w Appx Final
| Dec 20 2021 | Response to application (21A250) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
—-
Associated Builders & Contractors application, 21A251, December 20, 2021
20211220115120623_211220 ABC and IECs Emergency Application for Immediate Stay with Appendix
| Dec 20 2021 | Response to application (21A251) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
—
Bedke application, 21A252, December 20, 2021
20211220152349168_Emergency Application For Stay
| Dec 20 2021 | Response to application (21A252) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
Republican National Committee application, 21A258, December 20 [?], 2021
| Dec 20 2021 | Response to application (21A258) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
—-
Betten Chevrolet application, 21A259, December 20 [?], 2021
20211220165423040_Betten Mtn for Stay SCOTUS-12-20-21-filing
| Dec 20 2021 | Response to application (21A259) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
—
Bentkey application, 21A260, December 21, 2021
20211220214129170_20211220_Bentkey_SCOTUS_Mot_Emergency_Stay_Petition_Cert_FINAL
| Dec 21 2021 | Response to application (21A260) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
—
FabArc application, 21A267, December 21 [?], 2021
20211221184231708_FabArc Application and Appendix Combined
| Dec 22 2021 | Response to application (21A267) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
—
FEDERAL MANDATES: CMS, OSHA, HEADSTART
The CMS health care worker vaccine mandate, November 5, 2021
86 Fed. Reg. 61,555 (Nov. 5, 2021)
Non Federal Register version, November 4, 2021
CMS regulations being amended
The CMS vaccination mandate applies to_
The OSHA vaccine mandate, November 5, 2021
86 Fed. Reg. 61,402 (Nov. 5, 2021)
Non Federal Register version, November 4, 2021
OSHA withdrawal of the ETS, January 25/26, 2022
CMS frequently asked questions, November 2021
CMS Omnibus Staff Vax Requirements – External FAQ (508 Compliant)
CMS QSO memo, December 28, 2021
QSO-22-07 ALL Attachment A – LTC
CMS QSO memo, with attachments, January 14, 2022
QSO-22-09 ALL-Injunction Lifted
CMS QSO memo (re Texas), January 20, 2022
QSO-22-11 ALL-Injunction Lifted
[Attachments omitted]
CMS QSO memo on mandate applying to surveyors, January 25, 2022
Governors Justice and Youngkin’s letter to CMS re waivers, January 31, 2022
013122-Joint-Governors-Letter-on-CMS-Vaccine-Mandate
CMS letter to facility administrators, February 1, 2022
Facility Admin Letter on Vax Rule_January 28-508
CMS memo re surveys, February 9, 2022
The HeadStart vaccine mandate, 86 Fed. Reg. 68,052 (Nov. 30, 2021)
========
States’ petition, ? November 18, 2022
===
OTHER OSHA-CASE APPLICATIONS TO THE SUPREME COURT
Job Creators Network application to stay, 21A243, December 17 [?], 2021
26 Business Associations application, 21A244, December 17 [?], 2021
Phillips Manufacturing application, 21A245, December 17 [?], 2021
Southern Baptist application, 21A246, December 17 [?], 2021
Ohio stay request, 21A247, December 18 [?], 2021
BST Holdings application, 21A248, December 18 [?], 2021
Heritage Foundation application, 21A249, December 18 [?], 2021
Word of God Fellowship application, 21A250, December 20 [?], 2021
Associated Builders & Contractors application, 21A251, December 20, 2021
Bedke application, 21A252, December 20, 2021
Republican National Committee application, 21A258, December 20 [?], 2021
Betten Chevrolet application, 21A259, December 20 [?], 2021
Bentkey application, 21A260, December 21, 2021
FabArc application, 21A267, December 21 [?], 2021
===
Job Creators Network application to stay, 21A243, December 17 [?], 2021
20211217193352859_Application to Stay
| Dec 20 2021 | Response to application (21A243) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
Washington Legal Foundation amicus, and certificate of compliance, December 20, 2021
20211220151008010_WLF Amicus – OSHA ETS Applications
Former OSHA Administrators amicus, December 22, 2021
20211222083203225_Jeffress et al amicus brief – S Ct 2021.12.22
Constitutional Accountability Center amicus, December 23, 2021
20211223104532114_OSHA Scotus Motion Brief FINAL
—-
26 Business Associations application, 21A244, December 17 [?], 2021
| Dec 20 2021 | Response to application (21A244) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
| Dec 22 2021 | Application (21A244) referred to the Court. |
| Dec 22 2021 | Consideration of the applications (21A244 and 21A247) for stay presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of one hour is allotted for oral argument. The applications are set for oral argument on Friday, January 7, 2022. |
—-
Phillips Manufacturing application, 21A245, December 17 [?], 2021
20211217194922190_Phillips Stay App
| Dec 20 2021 | Response to application (21A245) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
—-
Southern Baptist application, 21A246, December 17 [?], 2021
20211217225901961_2021.12.17 In Re OSHA Emergency Application for Stay and Cert with Appendix
| Dec 20 2021 | Response to application (21A246) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
—-
Ohio stay request, 21A247, December 18 [?], 2021
20211218002842314_SCOTUS Stay Request – OSHA
| Dec 20 2021 | Response to application (21A247) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
| Dec 22 2021 | Application (21A247) referred to the Court. |
| Dec 22 2021 | Consideration of the applications (21A244 and 21A247) for stay presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of one hour is allotted for oral argument. The applications are set for oral argument on Friday, January 7, 2022. |
—
BST Holdings application, 21A248, December 18 [?], 2021
20211218024838102_2021-12-18 BST Emergency Application SCOTUS v14 BK
| Dec 20 2021 | Response to application (21A248) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
—-
Heritage Foundation application, 21A249, December 18 [?], 2021
20211218232059023_Heritage SCOTUS application
| Dec 20 2021 | Response to application (21A249) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
—-
Word of God Fellowship application, 21A250, December 20 [?], 2021
20211219003823815_Emerg App Stay w Appx Final
| Dec 20 2021 | Response to application (21A250) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
For amicus filings, see 21A243 above
—-
Associated Builders & Contractors application, 21A251, December 20, 2021
20211220115120623_211220 ABC and IECs Emergency Application for Immediate Stay with Appendix
| Dec 20 2021 | Response to application (21A251) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
—
Bedke application, 21A252, December 20, 2021
20211220152349168_Emergency Application For Stay
| Dec 20 2021 | Response to application (21A252) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
Republican National Committee application, 21A258, December 20 [?], 2021
| Dec 20 2021 | Response to application (21A258) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
—-
Betten Chevrolet application, 21A259, December 20 [?], 2021
20211220165423040_Betten Mtn for Stay SCOTUS-12-20-21-filing
| Dec 20 2021 | Response to application (21A259) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
—
Bentkey application, 21A260, December 21, 2021
20211220214129170_20211220_Bentkey_SCOTUS_Mot_Emergency_Stay_Petition_Cert_FINAL
| Dec 21 2021 | Response to application (21A260) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
—
FabArc application, 21A267, December 21 [?], 2021
20211221184231708_FabArc Application and Appendix Combined
| Dec 22 2021 | Response to application (21A267) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021. |
Mark Lemley, The Imperial Supreme Court, 136 Harvard Law Review 97 (2022)
====
CASES CHALLENGING THE CMS VACCINATION MANDATE
Map of states challenging the CMS vaccination mandate
Map of CMS vaccination mandate cases 12 15 21
Missouri v. Biden, No. 4:21-cv-1329 (E.D. Mo.), No. 21-3725 (8th Cir.), No. 21A240
Louisiana v. Becerra, No. 3:21-cv-3970 (W.D. La.), No. 21-30734 (5th Cir.), No. 21A241
Texas v. Becerra, No. 2:21-cv-229 (N.D. Tex.)
Florida v. D.H.H.S., No. 3:21-cv-2722 (N.D. Fla.), No. 21-14098 (11th Cir.)
List of states challenging the CMS vaccination mandate in the Missouri (M), Louisiana (L), Texas (T), and Florida (F) cases
Alabama (L)
Alaska (M)
Arizona (L)
Arkansas (M)
Florida (F)
Georgia (L)
Idaho (L)
Indiana (L)
Iowa (M)
Kansas (M)
Kentucky (L)
Louisiana (L)
Mississippi (L)
Missouri (M)
Montana (L)
Nebraska (M)
New Hampshire (M)
North Dakota (M)
Ohio (L)
Oklahoma (L)
South Carolina (L)
South Dakota (M)
Texas (T)
Utah (L)
West Virginia (L)
Wyoming (M)
========
The Missouri case against the CMS vaccine mandate
Missouri v. Biden, No. 4:21-cv-1329 (E.D. Mo., filed Nov. 10, 2021)
Complaint
Motion for preliminary injunction, and memo in support with exhibits, November 12, 2021
MO v CMS PI memo with exhibits
Motion to expedite, November 12, 2021
McElvain entry of appearance, November 16, 2021
US opposition to expediting, November 16, 2021
Reply supporting expediting, November 17, 2021
| 11/17/2021 | 18 | ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Matthew T. Schelp: Attorneys Only Scheduling Conference held on 11/17/2021 via Zoom. Scheduling Order to follow. (proceedings started: 12:00 PM) (proceedings ended: 12:15 PM) (Appearance for Plaintiff: Dean John Sauer, Jesus Osete, James Cambell)(Appearance for Defendant: Joel McElvain) (BRP) (Entered: 11/17/2021) |
Scheduling order, November 17, 2021
Reliant amicus, November 21, 2021
US opposition to preliminary injunction, November 22, 2021
States’ reply supporting preliminary injunction, November 23, 2021
Order for preliminary injunction, November 29, 2021
US notice of appeal, November 30, 2021
MO v CMS US notice of appeal 11 30
Motion for stay pending appeal, and memorandum, November 30, 2021
Eighth Circuit # 21-3725
US emergency motion for stay pending appeal, November 30, 2021
8C CMS emergency mo for stay pending appeal 11 30
Trial court order denying stay pending appeal, December 1, 2021
Eighth Circuit order requesting response by 12/8, December 2, 2021
US notice of additional authority (Eleventh Circuit), December 6, 2021
Second US notice of additional authority (Eleventh Circuit opinion), December 6, 2021
American College of Physicians amicus, December 7, 2021
8C Am Coll Physicians amicus 12 7
Clerk order re response deadline of 12 10 for leave to file amicus, December 8, 2021
8C clerk order for response deadline re amicus 12 8
Missouri opposition to US emergency motion for stay, December 8, 2021
8C MO op stay pending appeal 12 8
Missouri response to Eleventh Circuit order, December 8, 2021
US reply supporting stay, December 9, 2021
Reliant amicus opposing stay, December 10, 2021
8C Reliant amicus opposing stay 12 10
Order denying stay, December 13, 2021
Revised order denying stay (listing panel members), December 13, 2021
8C stay denial w panel members 12 13
US application for stay, No. 21A240, December 16, 2021
20211216174120640_Biden v. Missouri – CMS Vaccine Mandate Stay Application
Appendix of lower court opinions
20211216174132311_21A__ Biden v. Missouri -CMS Mandate – Appendix to Govt Stay Application
For further Supreme Court proceedings, see “The CMS Vaccination Mandate Cases at the Supreme Court,” above
Consent motion for stay of trial court proceedings, December 22, 2021
mo-v-cms-consent-mo-stay-12-22
Stay of trial court proceedings, December 22, 2021
Appellants’ brief, February 3, 2022
Amended complaint, February 23, 2022
MO v CMS first amended complaint 2 23
Motion to lift stay, and memorandum in support, February 23, 2022
Motion to expedite consideration of motion to lift stay, February 23, 2022
MO v CMS mo expedite lifting stay 2 23
Appellees’ brief, March 1, 2022
Missouri motion for expedited consideration, March 2, 2022
8C MO motion expedited consideration 3 2
Missouri additional authority (Senate resolution), March 3, 2022
Eighth Circuit scheduling order, March 3, 2022
[US reply brief due 3/22]
Plaintiffs’ reply supporting lifting stay, March 21, 2022
MO v CMS pltf lift stay reply 3 21
US reply brief, March 22, 2022
Order denying leave to amend, March 23, 2022
MO v CMS order denying leave 3 23
Eighth Circuit order, judgment, mandate, April 11, 2022
Cert petition, No. 21-1463 (May 12, 2022)
20220518122351130_No. ___ PetitionForAWritOfCertiorari
Unopposed US motion to continue trial court stay, May 26, 2022
MO v CMS US unop mo stay 5 26 22
Stay order, May 27, 2022
America’s Future amicus, June 21, 2022
20220621172414955_Missouri v Biden amicus brief
US cert opposition, June 21, 2022
20220621153030510_No. 21-1463 Missouri v. Biden – final
Plaintiffs’ cert reply, September 9, 2022
20220914111646037_2022-09-09 – CMS Vaccine Mandate – Cert Petition Reply Brief – Final With Tables
| Oct 03 2022 | Petition DENIED. |
Stipulation re answer date, October 12, 2022
MO v CMS stip re schedule 10 12 22
US motion to dismiss, with memorandum, November 2, 2022
Joint motion for scheduling order, November 7, 2022
MO v B joint mo for schedule 11 7 22
Scheduling order, November 8, 2022
MO v B scheduling order 11 8 22
Opposition due, 11/30; reply, 1/6/23
Amended complaint, November 23, 2022
MO v B amended complaint 11 23
Joint motion to accept first amended complaint, November 28, 2022
MO v B joint mo re 1st am c 11 28 22
Order, November 29, 2022
Scheduling proposal, December 22, 2022
MO v B sched proposal 12 22 22
Defendants propose that their Motion will be due by January 20, 2023, Plaintiffs’ opposition will be due by February 15, and Defendants’ reply, if any, will be due by March 10.
Scheduling order, December 27, 2022
US motion to dismiss, and memo, January 20, 2023
MO v B US dism mo am c 1 20 23
Plaintiffs’ request to exceed page limits, with draft opposition, February 15, 2023
MO v B dism op page limit xt 2 15 23
Plaintiffs’ opposition, February 16, 2023
US reply, March 31, 2023
US notice re intent to end requirement, May 3, 2023
Click to access 107110914914.pdf
==========
The Louisiana case against the CMS vaccine mandate
Louisiana v. Becerra, No. 3:21-cv-3970 (W.D. La., filed Nov. 15, 2021)
Complaint
Motion for preliminary injunction, with exhibits, November 15, 2021
Louisiana v. Becerra PI mo w xhib
Service and scheduling order, November 16, 2021
Revised scheduling order, November 17, 2021
LA v CMS scheduling order 11 17
First Amended Complaint (adding Ohio and Kentucky), November 22, 2021
Ohio/Kentucky joinder in preliminary injunction motion, November 22, 2021
US opposition to preliminary injunction (attached to motion for leave to file excess pages), November 26/29, 2021
LA v CMS US mo leave exceed pages with PI op 11 26
States’ motion for expedited consideration, November 29, 2021
Order granting expedited consideration, promising ruling by 12/5, November 29, 2021
States’ reply supporting preliminary injunction, November 29/30, 2021
Preliminary injunction, and order, November 30, 2021
Notice of appeal, December 1, 2021
Motion for stay pending appeal, December 1, 2021
LA v CMS US mo stay pending appeal 12 1
Fifth Circuit # 21-30734
Order denying stay pending appeal, December 1, 2021
LA v CMS order denying stay pending appeal 12 1
US emergency motion for stay pending appeal, December 2, 2021
5C LA v CMS CMS emergency mo stay pending
States’ opposition to stay pending appeal, December 3, 2021
US reply supporting stay, December 5, 2021
US additional authority letter (11th Circuit), December 6, 2021
Second US additional authority letter (11th Circuit opinion), December 6, 2021
5C US notice addl auth (11C) 12 6
Fifth Circuit stay denial and stay grant, December 15, 2021
5C stay and no stay order 12 15
US stay application, No. 21A241, December 16, 2021
20211216173745233_Becerra v. Louisiana – CMS Vaccine Mandate Stay Application
Appendix of lower-court opinions
20211216173757030_21A__ Becerra v. Louisiana – CMS Mandate – Appendix to Govt Stay Application-2
For further Supreme Court proceedings, see “The CMS Vaccination Mandate Cases at the Supreme Court,” above
Briefing notice, December 20, 2021
5C LA v CMS briefing notice 12 20
US opening brief due 1/31/22
US motion to stay trial court proceedings, January 6, 2022
States’ opposition to staying trial court proceedings, January 14, 2022
LA v CMS states’ op to tc stay 1 14
US reply, January 18, 2022
Order denying stay, January 18, 2022
LA v CMS order denying stay 1 18
US opening brief, January 31, 2022
Consent US motion for extension of time to answer, February 1, 2022
TX v CMS consent mo xt answer 2 1
Motion for leave to file second amended complaint, February 4, 2022
LA v CMS mo leave 2d amended c 2 4
Scheduling order (responses due 2/25), February 4, 2022
LA v CMS order setting 2 25 DL 2 4
| 02/04/2022 | 53 | ELECTRONIC MINUTE ENTRY: Defendant’s response as to 51 MOTION to Amend/Correct with opposition is due by 5:00 p.m. on 2/7/202. Signed by Judge Terry A Doughty on 2/4/2022. (crt,Crawford, A) (Entered: 02/04/2022) |
| 02/04/2022 | NOTICE of Corrective Action regarding 52 Notice of Motion Setting. Action taken: Entry marked issued in error. See Electronic Minute Entry for Response Deadline. (crt,Crawford, A) (Entered: 02/04/2022) |
US opposition, February 7, 2022
Minute order for reply 2/8, February 7, 2022
Louisiana reply, February 8, 2022
Order denying motion for leave to amend, but, February 9, 2022
LA v CMS partial denial mo amend 2 9
Emergency motion to remand, February 10, 2022
5C LA emer remand exhibits 2 10
Scheduling order for response by 5 pm 2/11, February 10, 2022
5C order for response 2 11 2 10
Louisiana notice re Fifth Circuit remand motion, February 11, 2022
LA v CMS LA notice re 5C remand request 2 11
US opposition to emergency motion to remand, February 11, 2022
Louisiana reply supporting remand, February 12, 2022
Order denying remand, “opinion to follow,” February 12, 2022
5C order denying remand opinion to follow 2 12
Emergency petition for rehearing en banc, February 13, 2022
5C expedited petition for rheb 2 13
Opinion denying remand, February 14, 2022
5C opinion denying remand 2 14
Motion to amend emergency petition, with amended petition, February 15, 2022
Motion to amend emergency petition, February 15, 2022
5C LA mo leave amend pet rheb 2 15
Proposed amended emergency petition for rehearing en banc, February 15, 2022
5C LA proposed amended pet rheb 2 15
Louisiana notice re federal position on amendment, February 16, 2022
5C LA notice to court re federal position 2 16
Order allowing amended petition, February 16, 2022
5C order allowing amended petition 2 16
Tennessee/Virginia amicus, February 17, 2022
Fifth Circuit no action on amicus order, February 17, 2022
| 02/17/2022 | PROPOSED SUFFICIENT BRIEF filed by State of Tennessee in 21-30734 [9779533-2] Brief has been deemed sufficient. Sufficient Brief deadline satisfied [21-30734] (MCS) [Entered: 02/17/2022 05:02 PM] |
Motion for extension of time to answer first amended complaint, February 23, 2022
LA v CMS mo xt answer 1st am c 2 23
Fifth Circuit order requesting response by 5 pm 2/24, February 24, 2022
5C LA v CMS order requesting response 2 24
US response, February 24, 2022
Order granting extension to answer first amended complaint, February 28, 2022
LA v CMS order granting xt answer 1st am c 2 28
Appellees’ brief, with notice requiring corrections, March 2, 2022
LA v CMS appellee brief uncorrected version 3 2
LA v CMS appellee brief correction notice 3 2
Order denying rehearing en banc, March 3, 2022
5C LA v CMS order denying rheb 3 3
Louisiana motion to expedite appeal, March 7, 2022
5C LA v CMS LA mo expedite 3 7
US opposition to expediting, March 8, 2022
Order denying motion to expedite appeal, March 8, 2022
5C order denying expediting 3 8
Tennessee amicus, March 9, 2022
US reply brief (uncorrected), March 14, 2022
5C LA v CMS US reply br uncorrected 3 14
US motion to dismiss first amended complaint, March 17, 2022
Order setting deadlines for US motion, March 18, 2022
LA v CMS notice of motion setting 3 18
[Response, 4/8, reply, a week after response]
Louisiana opposition, April 8, 2022
LA v CMS pltf op mo dism 1st am C 4 8
| 04/26/2022 | CASE CALENDARED for oral argument on Monday, 06/06/2022 in New Orleans in the West Courtroom — AM session. In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court’s docket and an acknowledgment form. All other counsel of record should monitor the court’s website for the posting of the oral argument calendars.. [21-30734] (PFT) [Entered: 04/26/2022 08:30 AM] |
US reply supporting dismissal, April 29, 2022
Tennessee motion to participate in oral argument, May 9, 2022
5C LA v CMS TN mo participate OA 5 9
Order allowing Tennessee to participate, May 11, 2022
[oral argument set for 6/6]
US update re Missouri v. Biden, May 27, 2022
| 06/06/2022 | ORAL ARGUMENT HEARD before Judges Jolly, Elrod, Haynes. Arguing Person Information Updated for: Clark Lassiter Hildabrand arguing for Amicus Curiae State of Tennessee; Arguing Person Information Updated for: Alisa Beth Klein arguing for Appellant Secretary Becerra, U.S. Department of Health and Human Services, Appellant Chiquita Brooks-Lasure, Appellant Centers for Medicare and Medicaid Services; Arguing Person Information Updated for: Elizabeth Baker Murrill arguing for Appellee Commonwealth of Kentucky, Appellee State of Alabama, Appellee State of Arizona, Appellee State of Georgia, Appellee State of Idaho, Appellee State of Indiana, Appellee State of Louisiana, Appellee State of Mississippi, Appellee State of Montana, Appellee State of Ohio, Appellee State of Oklahoma, Appellee State of South Carolina, Appellee State of Utah [21-30734] (PFT) [Entered: 06/06/2022 10:05 AM] |
Order, June 13, 2022
Notice for June 29 status conference, June 16, 2022
LA v CMS order for 6 29 status conf 6 16
Status conference minutes, June 29, 2022
LA v CMS status conference minutes 6 29
[]
Magistrate’s recommendation re motion to dismiss, November 3, 2022
Plaintiffs’ objection to magistrate’s recommendation, November 17, 2022
US response to plaintiffs’ objection, December 1, 2022
LA v CMS def reply pltf obj 12 1 22
Order adopting recommendation, December 2, 2022
LA v CMS order adopting rec 12 2 22
===
Not filed in the Louisiana case: Gen. Landry’s press release, February 4, 2022
https://www.ag.state.la.us/Article/13000
=============
The Texas case against the CMS vaccine mandate
Texas v. Becerra, No. 2:21-cv-229 (N.D. Tex., filed Nov. 15, 2021)
Complaint
Motion for TRO and preliminary injunction; memo; appendix, November 16, 2021
TX v CMS vm TRO PI appendix 11 16
US status report, and corrected status report, November 17, 2021
TX v CMS US status report 1 11 17
TX v CMS US corrected status report 11 17
Scheduling order, November 17, 2021
Texas Republican Delegation amicus, November 23, 2021
[motion]
Texas Republican Delegation amicus 11 23
Texas Republican Delegation amended amicus, November 23, 2021
Texas Republican Delegation amended amicus 11 23
US opposition to preliminary injunction, November 28, 2021
Administrative record, November 28, 2021
[]
[]
[]
| 11/29/2021 | 33 | Notice of Hearing: Preliminary Hearing RESET for 12/2/2021 @ 09:00 AM in US Courthouse, Courtroom 1st Floor, 205 S. E. 5th Ave., Amarillo, TX 79101-1559 before Judge Matthew J. Kacsmaryk. (vls) (Entered: 11/29/2021) |
Texas reply supporting preliminary injunction, November 30, 2021
US motion to stay in light of nationwide preliminary injunction (LA), December 1, 2021
Texas opposition to stay, December 1, 2021
US notice of additional authority (Florida), December 1, 2021
TX v CMS US notice new auth (FL) 12 1
Order deferring ruling on stay and requiring US answers to questions, December 1, 2021
TX v CMS order re stay, US explanations 12 1
[Hearing, 12/2]
Texas notice re US motion for stay in Louisiana case, December 2, 2021
TX v CMS TX notice of US 5C stay mo LA 12 2
| 12/03/2021 | 40 | ELECTRONIC ORDER: Defendants are ORDERED to file through counsel a notice to the Court outlining the actions Defendants have taken and intend to take to communicate to the affected providers and suppliers and to the general public of the preclusive effect on the CMS Vaccine Mandate of the Western District of Louisiana’s preliminary injunction. Defendants shall file the notice on or before Friday, December 3, 2021, at 5:00 p.m. CST. (Ordered by Judge Matthew J. Kacsmaryk on 12/3/2021) (nhp) (Entered: 12/03/2021) |
CMS response, December 3, 2021
Links to some of the documents mentioned in the CMS response —
CMS Omnibus Staff Vax Requirements – External FAQ – Clean – Update 1 – 12.2.21 (508 Compliant)
Stay order, December 3, 2021
Texas Conservative Coalition amicus, December 8, 2021
Texas notice re Fifth Circuit order, December 15, 2021
TX v CMS TX notice re 5C 12 15
US notice re various appellate orders, December 15, 2021
TX v CMS US notice of 3 cases including 5C
Order for emergency hearing at 3 pm CST, December 15, 2021
TX v CMS order for emergency hearing 12 15
Preliminary injunction opinion, December 15, 2021
Order lifting stay, December 28, 2021
TX v CMS order lifting stay 12 28
US motion to stay trial court proceedings, January 4, 2022
TX v CMS vax US mo stay tc 1 4
Texas response to motion to stay trial court proceedings, January 5, 2022
US notice of appeal, January 14, 2022
US motion for stay pending appeal, January 14, 2022
Fifth Circuit # 22-10049
| 01/14/2022 | 62 | ORDER: The Court ORDERS Plaintiffs to respond to Defendants’ Motion for Stay of Injunction on or before Tuesday, January 18, 2022, by 5:00 p.m. (CST). (Ordered by Judge Matthew J. Kacsmaryk on 1/14/2022) (vls) (Entered: 01/14/2022) |
Texas motion to dismiss own case without prejudice, January 18, 2022
TX v CMS TX mo dism w o prej 1 18
Texas opposition to allegedly moot motion for stay pending appeal, January 18, 2022
US reply supporting trial court stay pending appeal, January 19, 2022
TX v CMS US reply supporting tc stay 1 19
Dismissal order, January 19, 2022
US motion voluntarily to dismiss appeal, January 22, 2022
5C TX v CMS US unop mo dism 1 22
=========
The Florida case against the CMS vaccine mandate
Florida v. D.H.H.S., No. 3:21-cv-2722 (N.D. Fla., filed Nov. 17, 2021)
Complaint
Motion for TRO/preliminary injunction, November 17, 2021
Florida notice of similar case, November 18, 2021
FL v CMS notice of similar case 11 18
[Darling v. Sacred Heart Health System, No. 3:21-cv-1787 (N.D. Fla., filed Oct. 27, 2021)
Complaint
Motion and memo for TRO, October 28, 2021
Scheduling order, November 1, 2021
Defendants’ TRO opposition, November 3, 2021
Plaintiffs’ reply supporting TRO, November 5, 2021
Darling reply supporting TRO 11 5
Plaintiffs’ supplemental authority (5C stay), November 9, 2021
Order denying TRO and preliminary injunction, November 10, 2021
Darling order denying TRO and PI 11 10
]
Order denying TRO, November 20, 2021
FL v CMS order denying PI 11 20
Notice of appeal, November 23, 2021
Emergency motion for injunction pending appeal, November 23, 2021
Eleventh Circuit # 21-14098
Order denying stay, scheduling hearing, November 27, 2021
FL v CMS order denying stay and scheduling hearing 11 27
Joint motion to vacate briefing and hearing, November 28, 2021
FL v CMS joint mo vacate 11 28
Referral and Order, November 29, 2021
FL v CMS Referral and Order 11 29
Time-sensitive motion for injunction pending appeal, November 29, 2021
11C time sensitive ipa mo 11 29
Florida additional authority (Louisiana), December 1, 2021
11C FL v CMS addl auth LA 12 1
Order in aid of appeal, December 1, 2021
| 12/02/2021 | Public Communication: The court requests that the Appellees file a response to the motion for an injunction pending appeal by tomorrow, Friday, December 3, 2021 no later than Noon (12:00pm). [Entered: 12/02/2021 10:46 AM] |
US response to Florida motion for stay, December 3, 2021
11C US op to emergency stay 12 3
Florida reply supporting stay, December 3, 2021
11C FL reply supporting stay 12 3
Eleventh Circuit order denying stay, December 5, 2021
11C FL v CMS order denying stay 12 5
Opinion, December 6, 2021
11C FL v CMS opinion denying stay 12 6
Joint motion to stay trial proceedings, December 10, 2021
FL v CMS joint mo stay trial ct 12 10
Stay order, December 13, 2021
Florida request for initial hearing en banc, December 16, 2021
Florida additional authority (Texas), December 16, 2021
11C FL v CMS FL addl auth (ND TX) 12 16
Order denying initial hearing en banc request, January 11, 2022
Unopposed Florida motion voluntarily to dismiss appeal, January 21, 2022
Dismissal order, January 25, 2022
Notice of voluntary dismissal, February 4, 2022
FL v CMS FL notice vol dism 2 4
=======
An example of CMS regulation, 1989 –54 Fed. Reg. 5316 (Feb. 2, 1989)
House Republicans’ letter urging US to withdraw CMS mandate, December 6, 2021
CMS Vaccine Mandate Opposition Letter (1)
Petition to revoke CMS mandate, November 17, 2022
11.17.22 CMS petition for rulemaking
===========
THE CASES CHALLENGING THE HEAD START VACCINATION MANDATE
Texas v. Becerra, No. 5:21-cv-300 (N.D. Tex., filed Dec. 10, 2021)
Louisiana v. Becerra, No. 3:21-cv-4370 (W.D. La., filed Dec. 21, 2021)
Texas v. Becerra, No. 5:21-cv-300 (N.D. Tex., filed Dec. 10, 2021)
Complaint
[]
| 12/30/2021 | 40 | ELECTRONIC Minute Entry for proceedings held before Judge James Wesley Hendrix: Motion Hearing held on 12/30/2021 re 6 Motion for TRO and Motion for Preliminary Injunction filed by State of Texas & Lubbock Independent School District. Arguments from both parties heard by the Court. Court will make ruling no later than January 3, 2022. Attorney Appearances: Plaintiff – Charles Eldred/Amy Wills/Amy Hilton; Defense – Madeline McMahon/Christopher Edelman. (Court Reporter: Mechelle Daniel) (Plfs’ Exhibits 1-13 & 15-18 admitted/Plfs’ Exhibit 14 not admitted, taken under advisement by the Court – All exhibits returned to party) Time in Court – 2:00. (chmb) (Entered: 12/30/2021) |
Preliminary injunction, December 31, 2021
| 03/02/2022 | 45 | ORDER: On December 31, 2021, the Court issued a memorandum opinion and order granting the plaintiffs motion for a preliminary injunction. The defendants deadline to appeal the preliminary injunction expired on March 1, 2022. Thus, there will be no appeal of the preliminary injunction, and the case remains in this Court. Defendants answer to the complaint is due no later than March 16, 2022. Dkt. No. 44. Given that the Court received extensive briefing, evidence, and oral argument during the preliminary-injunction proceedings, the Court also orders the parties to file a joint status report no later than March 16, 2022. The parties must inform the Court how they propose to proceed. To the extent the parties disagree, the joint report should explain each sides proposal. Following the answer and joint status report, the Court will issue an appropriate order. (Ordered by Judge James Wesley Hendrix on 3/2/2022) (lkw) (Entered: 03/02/2022) |
Joint status report, March 16, 2022
TX HS joint status report 3 16
US motion to dismiss, motion for summary judgment, and supporting brief, March 16, 2022
Scheduling order, March 18, 2022
Plaintiffs’ motion for summary judgment, April 13, 2022
US opposition, and memo, May 4, 2022
Lubbock opposition to US motion to dismiss, and memo, May 4, 2022
US reply, May 18, 2022
Lubbock reply, May 18, 2022
US additional authority (Sixth Circuit), May 20, 2022
Lubbock response to Sixth Circuit, May 26, 2022
TX HS Lubbock 6C response 5 26
Texas notice of supplemental authority (Louisiana HeadStart), September 23, 2022
US notice of final masking rule, January 13, 2023
TX HS US notice of final masking rule 1 13 23
Memorandum opinion and order, and final judgment, March 31, 2023
TX HS memorandum opinion and order 3 31 23
===
Louisiana v. Becerra, No. 3:21-cv-4370 (W.D. La., filed Dec. 21, 2021)
Complaint
Motion for preliminary injunction, December 21, 2021
Service and scheduling order, December 22, 2021
TRO motion, December 23, 2021
Amended TRO motion, December 23. 2021
TRO scheduling order, December 23, 2021
US opposition, December 29, 2021
TRO reply, December 31, 2021
Preliminary injunction, January 1, 2022
US motion to dismiss, March 24+, 2022
Scheduling order re motion to consolidate, March 28, 2022
[Response due in 14 days from 3 28]
US notice re consolidation motion in Brick v. Biden, April 1, 2022
LA HS notice re brick v biden 4 1
Plaintiffs’ motion to compel preparation of administrative record, April 19, 2022
LA HS LA mo compel admin rec 4 19
Plaintiffs’ motion to stay proceedings pending completion of administrative record, April 19, 2022
LA HS LA mo stay pending res admin rec 4 19
Scheduling order, April 20, 2022
Stay of proceedings pending resolution of motion, April 20, 2022
US response to record completion motion, May 4, 2022
LA Headstart US op to record motion 5 4
Louisiana reply re completion of record, May 11, 2022
LA Headstart LA reply re record 5 11
Order re completion of record, May 16, 2022
Consolidation with Brick, May 23, 2022
| 05/23/2022 | ADMINISTRATIVE ENTRY: Per Memorandum Order 77 in Lead Case 3:21-cv-4370 and # 41 in Member Case 2:21-cv-4386:
DENIED AS MOOT #29 MOTION for Discovery of Complete Administrative Record in Member case 2:21-cv-04386. In accordance with the Memorandum Order Doc. No. 76 filed on May 16, 2022, in Lead Case No. 3:21-cv-04370, after Government Defendants file the completed Administrative Record, Brick and Trenn shall have twenty-one (21) days to respond to Government Defendants two pending motions: (1) Defendants #24 Motion to Dismiss, or in the Alternative, Motion for Summary Judgment; and (2) Defendants #35 Motion to Dismiss, or in the Alternative, Motion for Summary Judgment, both filed in Case No. 2:21-cv-04386. IT IS FURTHER ORDERED that Government Defendants shall have fourteen (14) days after Brick and Trenns response to file a reply. (crt,Reeves, T) (Entered: 05/25/2022) |
US motion to extend administrative record deadline, June 3, 2022
LA HS US mo extend ar deadline 6 3
| 06/03/2022 | Motions Transferred regarding 86 MOTION for Extension of Record Completion Deadline with opposition . Motions referred to Judge Terry A Doughty. (crt,Crick, S) (Entered: 06/03/2022) |
Order allowing extension to complete record, June 6, 2022
States’ cross-motion for summary judgment, response re uncontested facts, proposed order, August 5, 2022
Brick motion for summary judgment, August 9, 2022
States’ opposition, August 10, 2022
States’ memorandum in support of cross-motion, August 10, 2022
Brick motion for judicial notice, August 10, 2022
Brick memo supporting cross-motion, August 10, 2022
Brick opposition, August 10, 2022
US opposition to judicial notice, August 24, 2022
Plaintiffs’ reply supporting judicial notice, August 31, 2022
US reply to Louisiana, September 14, 2022
US Brick reply, September 14, 2022
US opposition to cross-motion for summary judgment, September 15, 2022
Memorandum ruling, and judgment, September 21, 2022
LA HS memorandum ruling 9 21 22
US notice of appeal, November 18, 2022
LA HS US notice of appeal 11 18 22
Fifth Circuit # 22-30748
US opening brief and record excerpts, March 3, 2023
Constitutional Accountability Center amicus, March 10, 2023
======
CASES CHALLENGING THE OSHA VACCINATION OR TEST MANDATE
States challenging the OSHA vaccination mandate (Circuit filed in, by Circuit number)
Alabama (11)
Alaska (8)
Arizona (8)
Arkansas (8)
Florida (11)
Georgia (11)
Idaho (6)
Indiana (7)
Iowa (8)
Kansas (6)
Kentucky (6)
Louisiana (5)
Mississippi (5)
Missouri (8)
Montana (8)
Nebraska (8)
New Hampshire (8)
North Dakota (8)
Ohio (6)
Oklahoma (6)
South Carolina (5)
South Dakota (8)
Tennessee (6)
Texas (5)
Utah (5)
West Virginia (6)
Wyoming (8)
=========
Post-consolidation proceedings in the Sixth Circuit, No. 21-7000
AMA amicus, November 22, 2021
Ohio petition for initial hearing en banc, November 22, 2021
6C Ohio initial en banc amicus pet 11 22
US motion for leave to file excess pages, November 23, 2021
US emergency motion to dissolve stay, November 23, 2021
6C US emergency motion to dissolve stay 11 23
Small Business Ass’n of Michigan amicus, November 23, 2021
6C Small Business Assn MI amicus
Private Fifth Circuit petitioners’ motion to transfer to Fifth Circuit, November 23, 2021
6C private 5C parties motion to transfer to 5C 11 23
Job Creators Network opposition to dissolving stay, November 23, 2021
6C Job Creators Network op to dis stay
Bentkey motion to hold US motion to lift stay in abeyance, November 23, 2021
6C Bentkey mo to hold US motion to lift stay in abeyance
Constitutional Accountability Center amicus supporting lifting stay, November 23, 2021
6C CAC amicus supporting lifting stay
AMA amicus supporting lifting stay, November 23, 2021
6C AMA amicus supporting US mo vacate stay
Scheduling order, November 23, 2021
Private Fifth Circuit petitioners’ joinder in initial hearing en banc motion, November 24, 2021
6C 5C private petitioners joinder in iheb 11 24
Fabarc joinder re initial hearing en banc, November 24, 2021
Asbury joinder re initial hearing en banc, November 24, 2021
US scheduling and rescheduling proposal, November 24, 2021
6C US scheduling proposal 11 24
States’ opposition to US rescheduling proposal, November 26, 2021
26 business associations opposition to US rescheduling proposal, November 26 2021
Abadi motion to stay, November 29, 2021
6C Abadi emergency mo stay 11 29
Asbury/Southern Baptist opposition to rescheduling, November 29, 2021
AFL-CIO motion to transfer to D.C. Circuit, November 29, 2021
6C AFL CIO mo transfer DC Cir 11 29
Burnett joinder in opposition to rescheduling, November 29, 2021
6C jointer in resched op 11 29
Bentkey opposition to rescheduling, November 29, 2021
US opposition to initial hearing en banc, November 29, 2021
Petitioners DTN Staffing (represented by Kris Kobach) reply supporting stay, November 29, 2021
6C DTN Staffing reply supporting stay 11 29
Former OSHA Administrators amicus, November 30, 2021
6c-former-osha-admins-amicus-11-30
Ohio motion to compel production of entire administrative record, November 30, 2021
6C Ohio mo compel complete record 11 30
National Ass’n of Home Builders opposition to lifting stay, November 30, 2021
6C NAHB op to lifting stay 11 30
MFA joinder in opposition to federal rescheduling proposal, November 30, 2021
Doyle Equipment joinder in opposition to federal rescheduling proposal, November 30, 2021
6C Doyle Equipment joinder in op to rescheduling 11 30
Perez motion to intervene, November 30, 2021
Unions’ statement in support of lifting stay, November 30, 2021
6C unions support for lifting stay 11 30
Nat’l Employment Lawyers Ass’n amicus, November 30, 2021
6C Natl Employmernt Lawyers Assn amicus 11 30
American Public Health Ass’n amicus, November 30, 2021
Betten Chevrolet motion to stay, November 30, 2021
6C Betten Chev op to lifting stay 11 30
Phillips Manufacturing motion to compel production of complete administrative record, December 1, 2021
6C Phillips Mfg motion to compel complete admin record 12 1
Abadi motion to separate, December 1, 2021
Natural Products Association joinder in opposition to rescheduling, December 1, 2021
6C Natural Products Assn joinder in resched op 12 1
Wisconsin Manufacturers amicus, December 1, 2021
Unions’ statement supporting dissolving stay, December 1, 2021
6C unions support dissolving stay 12 1
Constitutional Accountability Center amicus, December 2, 2021
[Response to Abadi motion]
Sixth Circuit scheduling order, December 3, 2021
Bentkey motion for leave to file reply supporting initial hearing en banc, December 4, 2021
6C Bentkey reply supporting iheb 12 4
[Abadi reply]
[Abadi op to lifting stay]
MFA support for extending stay, December 6, 2021
6C MFA joinder in extend stay 12 6
Ohio opposition to dissolving stay, December 7, 2021
Republican National Committee opposition to dissolving stay, December 7, 2021
6C Burnett dissolve stay op 12 7
6C Oberg emergency stay mo 12 7
[NP] Document
6C Phillips dissolve stay op 12 7
6C Heritage dissolve stay op 12 7
6C business assns dissolve stay op 12 7
6C Answers in Genesis dissolve stay op 12 7
6C New Civil Lib Alliance amicus 12 7
6C Small Business Majority amicus request 12 7
6C Small Business Majority amicus 12 7
6C Bentkey dissolve stay op 12 7
6C Idaho Leg mo leave file 12 9
6C Idaho Leg dissolve stay op 12 9
Unions’ reply supporting lifting stay, December 10, 2021
6C unions reply supporting lifting stay 12 10
US opposition to motions to compel production of complete administrative record, December 10, 2021
6C US op compel complete record 12 10
US reply supporting dissolving stay, December 10, 2021
6C US reply supporting dissolving stay 12 10
Order denying initial en banc consideration, December 15, 2021
6C order denying initial en banc
Ohio reply supporting production of complete administrative record, December 17, 2021
6C Ohio reply supporting complete record 12 17
Order dissolving stay, December 17, 2021
6C order dissolving stay 12 17
Job Creators Network notice re Supreme Court filing, December 17, 2021
6c job creators network notice re USC filing 12 17
6C job creators network USC filing
26 Business Associations notice re Supreme Court filing, December 17, 2021
6C 26 bus assns notice re USC filing 12 17
Phillips Manufacturing notice re Supreme Court filing, December 17, 2021
6C Phllips Mfg notice re USC filing 12 17
Southern Baptist notice re Supreme Court filing, December 17, 2021
6C S B notice re USC filing 12 17
Ohio letter re Supreme Court filing, December 18, 2021
6C Ohio notice re USC filing 12 18
BST Holdings notice re Supreme Court filing, December 18, 2021
6C BST notice re USC filing 12 18
Heritage Foundation notice re Supreme Court filing, December 18, 2021
6C Heritage notice re USC filing 12 18
Word of God Fellowship notice re Supreme Court filing, December 19, 2021
6C Word of God notice re USC filing
Abadi emergency motion to stay, December 20, 2021
6C Abadi emergency mo stay 12 20
US Abadi response, December 27, 2021
Abadi reply, December 28, 2021
For Supreme Court proceedings, see “The OSHA Vaccination Mandate at the Supreme Court,” above
US notice re mootness, January 25, 2022
Heritage Foudation response, February 4, 2022
Religious Petitioners’ response, February 4, 2022
6C religious petitioners response 2 4
Bentkey response, February 4, 2022
NFIB and other business associations response, February 4, 2022
Betten Chevrolet response, February 4, 2022
6C Betten Chevrolet response 2 4
FabArc response, February 4, 2022
Abadi response, February 9, 2022
US reply, February 11, 2022
Order dismissing case as moot, February 18, 2022
=====
D.C. Circuit: the Republican National Committee petition against the OSHA mandate
Republican National Committee v. OSHA, No. 21-1215 (D.C. Cir., filed November 5, 2021)
Petition
Clerk’s order, November 9, 2021
Related cases, 21-1219, 21-1232
Transfer to Sixth Circuit, November 17, 2021
now Sixth Circuit Case Nos. 21-4082/4094/4092
======
First Circuit: the Massachusetts Building Trades Council petition for review of the OSHA mandate
Massachusetts Building Trades Council v. OSHA, No. 21-1926 (1st Cir., filed November 9, 2021)
Petition
1C 21-1926_Documents Petition 11 9
now Sixth Circuit Case No. 21-4084
=======
Second Circuit: the SEIU petition against the OSHA mandate (as inadequate)
SEIU v. OSHA, No. 21-2800 (2d Cir., filed November 9, 2021)
Petition
2C 21-2800_Documents Petition 11 9
now Sixth Circuit Case No. 21-4095
=======
Third Circuit: the AFT petition for review of the OSHA mandate
AFT Pennsylvania v. OSHA, No. 21-3088 (3d Cir., filed November 10, 2021)
Petition
3C 21-3088_Documents Petition 11 10
now Sixth Circuit Case No. 21-4099
===================
Fourth Circuit: the Plumbers/Pipefitters petition for review of the OSHA mandate
United Ass’n of Plumbers and Pipefitters v. OSHA, No. 21-2262 (4th Cir., filed November 9, 2021)
Petition
4C 21-2262_Documents Petition 11 9
now Sixth Circuit Case No. 21-4089/4086
=======
Fifth Circuit: the Texas petition against the OSHA mandate
BST Holdings, LLC v. OSHA, No. 21-60845 (5th Cir., filed November 5, 2021)
Petition
Emergency motion for stay and to expedite, November 5, 2021
Petitioners’ brief, November 5, 2021
Amended petition including Texas and other states, November 5, 2021
21-60845_amended petition including Texas
Stay, November 6, 2021
| 11/06/2021 | RESPONSE DUE to Motion for stay pending appeal filed by Petitioners Burnett Specialists, Choice Staffing, L.L.C., Staff Force, Incorporated, Leadingedge Personnel, Limited and HT Staffing, Limited in 21-60845 [9706583-2], Memo Supporting Document filed by Petitioner American Family Association, Incorporated in 21-60845 [9706058-2], Motion for stay pending appeal filed by Petitioners BST Holdings, L.L.C., RV Trosclair, L.L.C., Trosclair Airline, L.L.C., Trosclair Almonaster, L.L.C., Trosclair and Sons, L.L.C., Trosclair & Trosclair, Incorporated, Trosclair Carrollton, L.L.C., Trosclair Claiborne, L.L.C., Trosclair Donaldsonville, L.L.C., Trosclair Houma, L.L.C., Trosclair Judge Perez, L.L.C., Trosclair Lake Forest, L.L.C., Trosclair Morrison, L.L.C., Trosclair Paris, L.L.C., Trosclair Terry, L.L.C., Trosclair Williams, L.L.C., Mr. Ryan Dailey, Mr. Jasand Gamble, Mr. Christopher L. Jones, Mr. David John Loschen, Mr. Samuel Albert Reyna and Mr. Kip Stovall in 21-60845 [9706028-2] Response/Opposition due on 11/08/2021 by 5:00 PM [21-60845] (PAC) [Entered: 11/06/2021 12:03 PM] |
Texas emergency motion for stay, November 7, 2021
Answers in Genesis withdrawal, November 8, 2021
LeadingEdge motion, November 8, 2021
Scheduling order, November 8, 2021
The Daily Wire amicus, November 8, 2021
US response to stay motion, November 8, 2021
American Family Ass’n joinder in motions for stay, November 8, 2021
New Civil Liberties Alliance amicus, November 9, 2021
5C New Civil Liberties Alliance amicus
Burnett Specialists joinder in motions for stay, November 9, 2021
Petitioners’ reply supporting stay, November 9, 2021
BST petitioners’ reply supporting stay, November 9, 2021
[]
US response to Texas motion for stay, November 10, 2021
5C US response TX mo stay 11 10
Texas reply supporting stay, November 11, 2021
New Civil Liberties Alliance amicus, November 11, 2021
AMA amicus, November 11, 2021
Stay opinion, November 12, 2021
Transfer to Sixth Circuit, November 17, 2021
now Sixth Circuit Case No. 21-4080
=========
Sixth Circuit: the Kentucky petition against the OSHA mandate
Commonwealth of Kentucky v. OSHA, No. 21-4031 (6th Cir., filed November 5, 2021)
Petition
Emergency motion for stay, November 5, 2021
21-4031_Kentucky v. OSHA motion for stay
Letter scheduling response and reply, November 7, 2021
US letter re multidistrict litigation, November 8, 2021
6C US letter re multi district
related cases? 21-4027, 21-4028, 21-4032, and 21-4033
Michigan legislators’ amicus, November 12, 2021
Idaho legislators’ intervention, November 12, 2021
US opposition to stay, November 15, 2021
[AMA amicus]
US notice to multidistrict panel, November 16, 2021
6C US notice to multidistrict panel 11 16
Multidistrict panel order, November 16, 2021
Buckeye Institute petition for initial hearing en banc, November 17, 2021 (in 21-4028)
6C Buckeye Inst initial en banc rq
Letter requesting response from parties, November 17, 2021
Asbury petition for initial hearing en banc, November 17, 2021
6C Asbury Baptist pet initial ebh 11 17
Ohio motion for excess pages for reply, November 18, 2021
Bentkey petition for initial hearing en banc, November 18, 2021 (in 21-4027)
6C Bentkey pet initial ebh 11 18
Letter requesting consolidated response from parties 11/30, November 18, 2021 (in 21-4027, -4028, -4033)
6C letter directing 1 response to iheb 11 18
Asbury reply supporting stay, November 19, 2021
Letter saying Ohio reply need not be filed, November 19, 2021
6C letter saying no need for Ohio reply 11 19
Initial case management order in 21-7000, November 21, 2021
6C initial case management order 11 21
Sixth Circuit Case Nos. 21-4027/4028/4031/4032/4033
AMA amicus, November 22, 2021
Ohio petition for initial hearing en banc, November 22, 2021
6C Ohio initial en banc amicus pet 11 22
US motion for leave to file excess pages, November 23, 2021
US emergency motion to dissolve stay, November 23, 2021
6C US emergency motion to dissolve stay 11 23
===========
Seventh Circuit: the Indiana petition against the OSHA mandate
Indiana v. OSHA, No. 21-3066 (7th Cir., filed November 5, 2021)
Petition
Motion for stay, November 5, 2021
US letter re multidistrict litigation, November 8, 2021
Circuit’s consolidation question, November 8, 2021
Order, November 9, 2021
Indiana statement of position, November 10, 2021
7C IN statement of position re 5C stay 11 10
US opposition to stay, November 12, 2021
related case, 21-3058
AMA amicus, November 18, 2021
Wisconsin Manufacturers & Commerce amicus (in 21-3058), November 18, 2021
Transfer order to Sixth Circuit, November 18, 2021
now Sixth Circuit Case Nos. 21-4091/4090
=======
Eighth Circuit: the Missouri petition against the OSHA mandate
Missouri v. Biden, No. 21-3494 (8th Cir., filed November 5, 2021)
Petition
8C anti OSHA initiating documents
Emergency motion for stay, November 5, 2021
Petitioners’ motion to expedite, November 8, 2021
US letter re multidistrict litigation, November 8, 2021
8C US letter re multi district
Scheduling order, November 10, 2021
Related cases, 21-3491, 21-3540
US stay opposition, November 12, 2021
Petitioners’ reply to US response, November 15, 2021
8C reply supporting stay 11 15
Transfer to Sixth Circuit, November 18, 2021
now Sixth Circuit Case Nos. 21-4093/4088/4101/4096
========
Ninth Circuit: the National Ass’n of Broadcast Employees and Technicians petition for review of the OSHA mandate
National Ass’n of Broadcast Employees and Technicians v. OSHA, No. 21-71370 (9th Cir., filed November 9, 2021)
Petition
now Sixth Circuit Case Nos. 21-4087/4103/4085
=========
Tenth Circuit: the Denver Newspaper Guild petition for review of the OSHA mandate
Denver Newspaper Guild v. OSHA, No. 21-9592 (10th Cir., filed November 15, 2021)
Petition
now Sixth Circuit Case No. 21-4100
=============
Eleventh Circuit: the Florida petition against the OSHA mandate
Florida v. Biden, No. 21-13866 (11th Cir., filed November 5, 2021)
Petition
US letter re multidistrict litigation, November 8, 2021
11C US letter re multidistrict
Florida motion for stay, November 8, 2021
| 11/09/2021 | Parties that wish to file a response to the motion to stay pending appeal filed on November 8, 2021, must do so no later than Friday, November 12, 2021. Parties wanting to reply to responses filed must do so no later than Tuesday, November 16, 2021. [Entered: 11/09/2021 02:51 PM] |
US opposition to stay, November 12, 2021
related cases 21-13900, 21-13910
Florida stay reply, November 16, 2021
now Sixth Circuit Case Nos. 21-4097/4102/4083
==============
Judicial Panel on Multidistrict Litigation
MCP No. 7, November 16, 2021
Notice to US Judicial Panel on Multidistrict Litigation MCP No. 7
========
CASES CHALLENGING THE FEDERAL VACCINATION OR TEST MANDATE FOR CONTRACTORS
Brnovich v. Biden, No. 2:21-cv-1568 (D. Ariz.), No. 22-15518 (9th Cir.)
Florida v. Nelson, No. 8:21-cv-2524 (M.D. Fla.), No. 22-10165 (11th Cir.)
Georgia v. Biden, No. 1:21-cv-163 (S.D. Ga.), No. 21-14269 (11th Cir.)
Kentucky v. Biden, No. 3:21-cv-55 (E.D. Ky.), No. 21-6147 (6th Cir.)
Louisiana v. Biden, No. 1:21-cv-3867 (W.D. La.), No. 22-30019 (5th Cir.)
Missouri v. Biden, No. 4:21-cv-1300 (E.D. Mo.), No. 22-1104 (8th Cir.)
Oklahoma v. Biden, No. 5:21-cv-1069 (W.D. Okla.)
Texas v. Biden, No. 3:21-cv-309 (S.D. Tex.)
=========
The Arizona case against the federal vaccine mandate
Brnovich v. Biden, No. 2:21-cv-1568 (D. Ariz., filed Sept. 14, 2021)
Complaint
First amended complaint, October 22, 2021
TRO/preliminary injunction papers, October 22, 2021
[]
US response, November 4, 2021
Court’s minutes, November 10, 2021
Second amended complaint, November 19, 2021
Third motion for preliminary injunction, November 19, 2021
Request to consolidate PI and trial on the merits, November 19, 2021
Plaintiffs’ supplemental authority (Missouri v. Biden), November 29, 2021
Plaintiffs’ supplemental authority (Louisiana), November 30, 2021
US response to motion to consolidate, etc., December 3, 2021
US opposition to preliminary injunction, December 3, 2021
Phoenix response to preliminary injunction motion, December 3, 2021
Arizona notice of supplemental authority (Georgia), December 7, 2021
| 12/08/2021 | 111 | ORDER: IT IS ORDERED setting a Status Conference for 12/14/2021 at 03:00 PM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T Liburdi. At the Status Conference, the parties should be prepared to discuss: (1) the expanded scope of Plaintiffs’ Second Amended Complaint (Doc. 70); (2) Plaintiffs’ Motion to Bifurcate Claims and Consolidate Trial on the Merits (Doc. 73); and (3) the effect of Georgia v. Biden (Doc. 110) and Kentucky v. Biden (Doc. 101) on the instant action. Counsel may appear in person or telephonically. Call-in instructions will be sent via email. ORDERED by Judge Michael T. Liburdi this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 12/08/2021) |
Arizona reply, December 8, 2021
US motion to stay, December 10, 2021
Arizona opposition to stay, December 13, 2021
Minute entry (including motion for stay denied), December 14, 2021
Union plaintiffs’ reply supporting preliminary injunction, December 15, 2021
AZ contr union reply supporting PI 12 15
Stipulation to bifurcate vaccine counts and immigration counts, December 17, 2021
Third amended complaint, December 20, 2021
Plaintiffs’ supplemental authority (ED Mo.) and response to US supplemental authority, December 21, 2021
US supplemental opposition re one plaintiff, December 22, 2021
Phoenix motion to file sur-reply, and sur-reply, December 23, 2021
Arizona additional authority (Florida contractor), December 27, 2021
[]
US motion to dismiss immigration counts, January 3, 2022
Arizona supplemental authority (6C order in Kentucky), January 11, 2022
AZ contr AZ supp auth KY 6C 1 11
US response to supplemental authority (6C), January 13, 2022
AZ contr US resp to supp auth 6C 1 13
| 01/13/2022 | 149 | ORDER: Having reviewed the Supreme Court’s recent decision in National Federation of Independent Business v. Department of Labor, Nos. 21A244, 21A247 (U.S. Jan. 13, 2022), IT IS ORDERED that the parties may file optional, supplemental briefs, not to exceed seven pages, addressing the impact of that decision on the instant case. Such briefs shall be filed no later than Wednesday, January 19, 2022. ORDERED by Judge Michael T. Liburdi this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 01/13/2022) |
| 01/13/2022 | 150 | ORDER that the parties’ supplemental briefs (see Doc. 149) shall also address the Supreme Court’s recent opinion in Biden v. Missouri, Nos. 21A240, 21A241 (U.S. Jan. 13, 2022). ORDERED by Judge Michael T. Liburdi this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 01/13/2022) |
Arizona supplemental brief, January 19, 2022
US supplemental brief, January 19, 2022
US notice re FMF case, January 21, 2022
AZ contr US notice re Feds case 1 21
Arizona response re FMF case, January 21, 2022
Arizona motion for extension of time to respond to motion to dismiss, January 26, 2022
AZ contr AZ mo xt mo dism 1 26
Order granting injunction against contractor mandate, but denying injunction against employee mandate, January 27, 2022
Arizona proposal for form of injunction, February 1, 2022
Arizona motion to transfer other case, February 9, 2022
Permanent injunction, February 10, 2022
AZ contr permanent injunction 2 10
Arizona response to motion to dismiss, February 16, 2022
US opposition to AZ motion to transfer other case, February 23, 2022
| 03/01/2022 | 171 | ORDER: IT IS ORDERED denying Plaintiffs’ Motion to Transfer Related Case (Doc. 163 ). Plaintiffs have not demonstrated that the requested transfer is warranted. Ordered by Judge Michael T. Liburdi on 3/1/2022. (Associated Cases: 2:21-cv-01568-MTL, 2:22-cv-00213-JJT) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) (Entered: 03/01/2022) |
US reply supporting motion to dismiss, March 15, 2022
Reply supporting US mo dism imm 3 15
US motion to stay pending Biden v. Texas, March 15, 2022
Arizona opposition to stay, March 24, 2022
Arizona motion for jurisdictional discovery, March 28, 2022
US reply supporting stay, March 31, 2022
US notice of interlocutory appeal, April 8, 2022
US opposition to motion for jurisdictional discovery, April 11, 2022
AZ contr US op jurisD discovery 4 11
Ninth Circuit # 22-15518
US notice of supplemental authority (Arizona v. Biden), April 19, 2022
Arizona “notice of factual development” (Title 42 declaration), April 19, 2022
| 04/20/2022 | 189 | MINUTE ENTRY for proceedings held before Judge Michael T Liburdi: Motion Hearing held on 4/20/2022. Argument heard. IT IS ORDERED taking under advisement Motion to Stay 175 . Separate order to issue.
APPEARANCES: Drew Ensign (appearing telephonically) and James Rogers for Plaintiffs. Telephonic appearance by Elissa Fudim for Defendants. (Court Reporter Barbara Stockford) Hearing held 11:06 AM to 11:29 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (AO) (Entered: 04/20/2022) |
Order denying motion to stay, April 21, 2022
AZ contr order denying stay 4 21
| 04/25/2022 | 191 | ORDER: IT IS ORDERED that Plaintiffs’ Motion for Jurisdictional Discovery (Doc. 177 ) is denied. Ordered by Judge Michael T Liburdi on 4/25/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (AO) (Entered: 04/25/2022) |
US notice of supplemental authority, May 3, 2022
| 07/08/2022 | 193 | ORDER: Having reviewed the Supreme Court’s recent decision in Biden v. Texas, No. 21-954 (U.S. June 30, 2022), IT IS ORDERED directing the parties to file supplemental briefs, not to exceed ten pages, addressing the impact of that decision on the instant case. The briefs shall be filed no later than Friday, July 15, 2022. Ordered by Judge Michael T Liburdi on 7/8/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (AO) (Entered: 07/08/2022) |
Motion for extension of time, July 11, 2022
| 07/13/2022 | 195 | ORDER: IT IS ORDERED that State Plaintiffs’ Unopposed Motion for Extension of Time to File Supplemental Briefs (Doc. 194 ) is granted. IT IS FURTHER ORDERED that the parties’ deadline for filing supplemental briefs is extended to July 22, 2022. Ordered by Judge Michael T Liburdi on 7/13/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (AO) (Entered: 07/13/2022) |
US opening brief, July 18, 2022
US supplemental brief re Biden v. Texas, July 22, 2022
Brnov US supp br Biden v TX 7 22
US notice re 7/5 Sixth Circuit case, July 22, 2022
US notice re new policy development, July 22, 2022
US notice new policy devt 7 22
Arizona supplemental brief on Biden v. Texas, July 22, 2022
Brnov AZ supp br Biden v TX 7 22
Arizona notice of supplemental authority (4 authorities), August 12, 2022
| 08/25/2022 | 207 | AMENDED MINUTE ENTRY – Amending Doc. 206 – for proceedings held before Judge Michael T. Liburdi: Motion Hearing held on 8/25/2022. Argument is presented on Defendants’ Motion to Dismiss 146 . Defense counsel is permitted to file a notice of supplemental authority not later than August 31, 2022. The matter is taken under advisement.
APPEARANCES: James Rogers and Brunn Roysden, III for Plaintiff. Elissa Fudim (telephonically) for Defendant (Court Reporter Catherine Taylor.) Hearing held 9:01 AM to 9:41 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) Reason for Amendment: to include appearances. (Entered: 08/25/2022) |
US response re supplemental authority, August 31, 2022
Arizona motion for leave to file reply to US response, September 9, 2022
AZ contr AZ mo reply supp auth 9 9
US opposition to Arizona motion for leave to file, September 13, 2022
| 09/13/2022 | 215 | ORDER: Having considered Plaintiffs’ Motion for Leave to File Reply to Defendants’ Response to Plaintiffs’ August 12, 2022 Notice of Supplemental Authority (Doc. 213 ), IT IS ORDERED granting the motion. Plaintiffs shall file their reply brief, which is attached to the Motion for Leave, no later than 5:00 p.m. tomorrow, September 14, 2022. There shall be no further briefing on the pending Motion to Dismiss (Doc. 146 ). Signed by Judge Michael T. Liburdi on 9/13/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) (Entered: 09/13/2022) |
Arizona appellee brief, October 21, 2022
9C AZ contr appellee br 10 21 22
Florida et al amicus, October 28, 2022
9C AZ contr states amicus 10 28
Chamber of Commerce of the U.S. amicus, October 28, 2022
9C AZ contr c of c amicus 10 28
US answer, November 9, 2022
AZ contr US answer 3d c 11 9 22
US reply brief, November 14, 2022
Arizona motion for leave to file supplemental pleading, November 15, 2022
US opposition re supplemental pleading, November 25, 2022
Reply supporting leave to file supplemental pleading, December 2, 2022
AZ contr reply supp pl 12 2 22
| 12/22/2022 | 238 | *ORDER setting Status Conference for January 13, 2023 at 11:30 am (Arizona time) in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T. Liburdi. Local counsel shall appear in person, but counsel for the federal Defendants may move to appear by telephone. IT IS FURTHER ORDERED that Plaintiff’s counsel inform the transition team for the incoming Attorney General about the hearing scheduled for January 13, 2023. The parties should be prepared to discuss how the case should proceed under the Office of the Attorney General’s new leadership. Ordered by Judge Michael T Liburdi on 12/22/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV) *Modified to correct hearing date scheduled in docket text from 1/6/2023 to 1/13/2023; NEF regenerated on 12/22/2022 (RMV)/(SCH). (Entered: 12/22/2022) |
US additional authority (5th Cir.), December 22, 2022
9C AZ contr US addl auth 5C 12 22 22
Arizona response re 5th Circuit decision, December 30, 2022
9C AZ contr AZ resp 5C 12 30 22
US additional authority (6th Cir.), January 19, 2023)
9C AZ contr US addl auth 6C 1 19 23
Stipulation for dismissal of remaining claims, February 2, 2023
Dismissal, February 2, 2023
Arizona AG letter re changes in position, February 14, 2023
9C AZ contr AZ AG changes in position 2 14 23
Arizona Legislature motion to intervene, February 20, 2023
9C AZ contr AZL interv mo 2 20 23
| 02/22/2023 | 58 | Filed text clerk order (Deputy Clerk: OC): The Fifty-Sixth Arizona Legislature, Speaker of the Arizona House of Representatives Benjamin Toma, Arizona Senate President Warren Petersen, and Arizona Chamber of Commerce & Industry filed a Motion to Intervene (Dkt. No. [53]). Any party may file a response to the motion no later than Friday, February 24. Fed. R. App. P. 27(a)(3)(A). If a response to the motion is filed, movants may file a reply no later than Monday, February 27. Fed. R. App. P. 27(a)(4). [12658302] (OC) [Entered: 02/22/2023 09:46 AM] |
US response to motion to intervene, February 24, 2023
9C AZ contr US resp interv 2 24 23
Mayes response to motion to intervene, February 24, 2023
9C AZ contr Mayes resp interv 2 24 23
Reply supporting intervention, February 27, 2023
9C AZ contr interv reply 2 27 23
Order mostly allowing intervention, February 28, 2023
9C AZ contr interv order 2 28 23
| 03/07/2023 | 67 | ARGUED AND SUBMITTED TO RICHARD R. CLIFTON, MARK J. BENNETT and ROOPALI H. DESAI. The audio and video recordings of this hearing are available on our website at http://www.ca9.uscourts.gov/media/. [12669107] (WWP) [Entered: 03/07/2023 01:25 PM] |
Stay of district court injunction, April 5, 2023
9C AZ contr stay of dist ct ipa 4 5 23
========
The Florida case against the Federal contractor mandate
Florida v. Nelson, No. 8:21-cv-2524 (M.D. Fla., filed October 28, 2021)
Complaint
Motion/memo/exhibits for preliminary injunction, November 2, 2021
Parties’ scheduling proposal, November 5, 2021
FL v Nelson parties scheduling proposal
Scheduling order, November 8, 2021
US opposition to preliminary injunction, November 17, 2021
US notice to clarify, November 20, 2021
Amended complaint, November 29, 2021
Florida reply supporting preliminary injunction, November 29, 2021
FL contrc PI reply and amendment
Florida supplemental authority (Kentucky), December 2, 2021
US sur-reply opposing preliminary injunction, December 3, 2021
US notice of additional authority (11th Circuit CMS), December 6, 2021
Minute entry, December 7, 2021
Notice of supplemental authority (Georgia), December 8, 2021
Order for supplemental briefing, December 9, 2021
US motion to stay, December 14, 2021
Florida supplemental brief, December 15, 2021
Florida opposition to stay, December 16, 2021
US notice of supplemental authority (Donovan v. Vance), December 17, 2021
FL contr US supp auth ED WA 12 17
Florida notice of supplemental authority (11th Cir, ED Mo.), December 21, 2021
FL contr FL supp auth 11C ED MO 12 21
Preliminary injunction, December 22, 2021
US supplemental brief, December 22, 2021
Joint response to court’s question about form of order, December 29, 2021
FL contr parties joint resp 12 29
Order for injunctive relief, December 30, 2021
FL contr inj relief order 12 30
Joint motion to stay district court proceedings pending appeal, January 12, 2022
FL contr joint tc stay mo 1 12
Notice of appeal, January 12, 2022
Eleventh Circuit # 22-10165
Order staying trial court proceedings, January 19, 2022
FL contr order staying tc proceedings 1 19
Consent motion to put appeal in abeyance, February 1, 2022
11C FL contr uncontested US abeyance mo 2 1
| 08/29/2022 | Public Communication: Stay is lifted, Appellants’ brief is due on or before September 26, 2022. [Entered: 08/29/2022 01:59 PM |
US motion voluntarily to dismiss appeal, October 24, 2022
11C GA contr US unop mo vol dism 10 24 22
Order, October 26, 2022
Joint motion to stay, November 9, 2022
FL contr joint stay mo 11 9 22
Stay, November 9, 2022
Status report, March 31, 2023
FL contr status report 3 31 23
Stipulation of dismissal, May 23, 2023
Click to access 047125674367.pdf
| 05/24/2023 | 51 | ENDORSED ORDER: In accord with the parties’ stipulation (Doc. 50), the action is DISMISSED. The clerk must close the case. Signed by Judge Steven D. Merryday on 5/24/2023. (KRM) (Entered: 05/24/2023) |
========
The Georgia case against the federal contractor vaccine mandate
Georgia v. Biden, No. 1:21-cv-163 (S.D. Ga., filed Oct. 29, 2021)
Complaint
Motion for preliminary injunction, November 5, 2021
Georgia emergency motion to expedite, November 8, 2021
US opposition to expediting, November 10, 2021
| 11/12/2021 | 41 | TEXT ORDER granting in part Plaintiffs’ 23 Emergency Motion to Expedite Briefing Schedule and Request for Hearing. Therefore, it is hereby ORDERED that Defendants’ response to Plaintiffs’ 19 Motion for Preliminary Injunction shall be filed by close of business on November 19, 2021, and Plaintiffs’ Reply to Response shall be filed by close of business on November 26, 2021. Defendants may file a Surreply by close of business on December 1, 2021, and this Court will hold a hearing on December 3, 2021. Each party shall file a witness and exhibit list, including any joint exhibit list, by close of business on November 30, 2021, and the parties shall exchange, but not file, exhibits on or before November 30, 2021. The parties are reminded that all exhibits shall only be presented in electronic form. Signed by District Judge R. Stan Baker on November 12, 2021. (pmh) (Entered: 11/12/2021) |
US emergency motion re scheduling, November 17, 2021
Georgia contractor US emergency mo re sched
Plaintiffs’ opposition to emergency motion, November 18, 2021
Georgia contractor pltf op re resched 11 18
Associated Builders & Contractors motion to intervene and memo in support, November 18, 2021
ABC motion for preliminary injunction, November 18, 2021
| 11/18/2021 | 51 | TEXT ORDER granting in part Defendants’ 46 Emergency Motion to Clarify Scheduling Order in Light of Plaintiffs’ Intent to File Amended Complaint and Revised Preliminary Injunction Motion. As indicated during the telephonic hearing held on 11/18/2021, it is ORDERED that Plaintiffs shall file any amended complaint and any amended motion for preliminary injunction by midnight on November 19, 2021. Defendants’ Response shall be filed by midnight on November 26, 2021. Plaintiffs may file a Reply by midnight on November 30, 2021. This Court will hold a hearing on Plaintiffs’ request for a preliminary injunction on December 3, 2021. Each party shall file a witness and exhibit list, including any joint exhibit list, by close of business on November 30, 2021, and the parties shall exchange, but not file, exhibits on or before November 30, 2021. The parties are reminded that all exhibits shall only be presented in electronic form. Entered by District Judge R. Stan Baker on November 18, 2021. (jrb) Modified on 11/18/2021 to edit text (en). (Entered: 11/18/2021) |
Minute entry, November 18, 2021
Georgia contractor minute entry 11 18
| 11/19/2021 | 53 | TEXT ORDER: It is hereby ORDERED that Plaintiffs and Defendants shall file responses to 48 MOTION to Intervene and Defendants shall file a response to 50 MOTION for Preliminary Injunction, all by midnight on November 26, 2021. Proposed Intervenors may file a reply to those responses by midnight on November 30, 2021. This Court will hold a hearing on said motions in conjunction with the previously-scheduled hearing on Plaintiffs’ request for injunctive relief on December 3, 2021. Proposed Intervenors shall file with the Court any witness and/or exhibit list, including any joint exhibit list, by close of business on November 30, 2021, and Proposed Intervenors shall exchange with Plaintiffs and Defendants, but not file, any exhibits on or before November 30, 2021. All exhibits shall only be presented in electronic form. Proposed Intervenors shall email Judge Baker’s courtroom deputy clerk, by close of business on November 26, 2021, a list of all individuals they request to have attend the hearing in person. Entered by District Judge R. Stan Baker on November 19, 2021. (jrb) Modified on 11/19/2021 (jrb). (Entered: 11/19/2021) |
Amended complaint, November 19, 2021
Amended motion for preliminary injunction, November 19, 2021
US response to motion to intervene, November 26, 2021
GA contractor US op to interv 11 26
US opposition to motions for preliminary injunction, November 26, 2021
AMA amicus, November 29, 2021
States’s reply supporting preliminary injunction, November 30, 2021
AGC reply supporting preliminary injunction, November 30, 2021
AGC reply supporting its intervention, November 30, 2021
Minute entry, December 3, 2021
US notice of additional authority (11th Circuit), December 6, 2021
GA contr US supp auth 11C 12 6
AGC response to additional authority, December 7, 2021
GA contr ABC resp to addl auth CMS 11C 12 7
Preliminary injunction, December 7, 2021
US notice of appeal, December 9, 2021
US motion for stay pending appeal, December 9, 2021
Plaintiffs’ notice of intent to respond, December 9, 2021
GA contr pltf notice intent respond 12 9
Eleventh Circuit # 21-14269
US motion for stay pending appeal, December 10, 2021
11C GA contr US stay pending appeal ms 12 10
Plaintiffs’ motion for initial hearing en banc, and appendix, December 10, 2021
11C GA contr pltf iheb mo 12 10
Scheduling order (response due 12/15), December 10, 2021
11C GA contr sched order for response 12 15 12 10
| 12/13/2021 | Appellants wishing to file a reply in support of their motion for a stay pending appeal must do so by Thursday, December 16, 2021. [Entered: 12/13/2021 02:56 PM] |
Amended ABC complaint, December 14, 2021
AMA amicus, December 14, 2021
ABC opposition to stay, December 15, 2021
11C GA contr ABC stay op 11 15
Georgia opposition to stay, December 15, 2021
US reply supporting stay, December 16, 2021
11C GA contr US reply supporting stay 12 16
Unopposed US motion to stay trial court proceedings, December 17, 2021
Eleventh Circuit order denying stay, December 17, 2021
11C GA contr order denying stay 12 17
| 12/20/2021 | NOTICE of Hearing on Motion: 102 MOTION to Stay Proceedings Pending Appeal. The Motion Hearing is set for 12/21/2021 10:00 AM and will be held telephonically in RSB Chambers before District Judge R. Stan Baker. (*Dial-in information for the call provided to counsel of record via email. pmh)NOTICE of Court’s Public Teleconference Line. For public access to this hearing, please dial 888-684-8852, and enter the call access code: 9717475. (Entered: 12/20/2021) |
Revised 11th Circuit briefing schedule, December 21, 2021
11C GA contr revised briefing schedule
US motion to expedite oral argument, December 22, 2021
Order partially denying stay and setting briefing, December 23, 2021
Order denying US motion further to expedite appeal, December 29, 2021
11C GA contr order denying expd 12 29
[Schedule: opening brief, 1/18, appellee briefs, 2/8, reply brief, 2/22]
ABC response to US motions, January 7, 2022
GA contr ABC resp to US mos 1 7
Georgia response to US motions, January 7, 2022
US reply supporting clarification, January 14, 2022
GA contr US reply supporting clarif 1 14
US opening brief, January 18, 2022
Order denying clarification, January 21, 2022
GA contr order denying clarif 1 21
Georgia brief, February 8, 2022
ABC brief, February 8, 2022
Florida amicus, February 15, 2022
Chamber of Commerce of US amicus, February 15, 2022
11C GA contr C of C amicus 2 15
US reply brief, February 22, 2022
| 03/31/2022 | Oral argument scheduled. Argument Date: Friday, 04/08/2022 Argument Location: Atlanta. [Entered: 03/31/2022 10:00 AM] |
| 04/08/2022 | Oral argument held this date. Oral Argument presented by Joshua Revesz for Appellants U.S. Department of Health and Human Services, U.S. Department of Transportation, Secretary, U.S. Department of Veterans Affairs, United States Office of Personnel Management, Secretary, U.S. Department of Health and Human Services, U.S. Department of Defense, Department of Defense, Secretary, U.S. Department of Commerce, President of the United States, National Institutes of Health, U.S. Department of Commerce, Secretary, Department of Defense, U.S. Department of Veterans Affairs, Safer Federal Workforce Task Force, Director, Office of Personnel Management and Co-Chair Safer Federal Workforce Task Force, Office of Management and Budget, Acting Director, Office of Management and Budget and member of the Safer Federal Workforce Task Force, General Services Administration, Administrator, General Services Administration and Co-chair of Safer Federal Workforce Task Force, Co-chair of Safer Federal Workforce Task Force and COVID-19 Response Coordinator, Director, Federal Protective Service, Director, United States Secret Service, Administrator, Federal Emergency Management Agency, Director, Center for Disease Control, Director, National Institute of Health, National Science Foundation, Director, National Science Foundation, National Aeronautics and Space Administration, Administrator, National Aeronautics and Space Administration, Director, Department of Transportation, U.S. Department of Energy and Secretary, U.S. Department of Energy, Stephen John Petrany for Appellees State of Georgia, Board of Regents of the University System of Georgia, Governor of the State of Georgia and Commissioner of the Georgia Department of Agriculture and James Larry Stine for Appellee Associated Builders and Contractors, Inc.. [Entered: 04/08/2022 12:49 PM] |
Opinion, August 26, 2002
Order, October 24, 2022
=======
The Kentucky case against the federal vaccine mandate
Kentucky v. Biden, No. 3:21-cv-55 (E.D. Ky., filed November 4, 2021)
Complaint
Kentucky motion for TRO and preliminary injunction, with exhibits, November 8, 2021
Court’s minutes and scheduling order, November 9, 2021
Kentucky vaccin minutes and scheduling order
Order for motions hearing, November 10, 2021
Kentucky order for motion hearing
US opposition, November 16, 2021
KY v Biden US opposition 11 16
Kentucky reply, November 17, 2021
Minute entry, November 18, 2021
KY contractor minute entry 11 18
Opinion and order granting preliminary injunction, November 30, 2021
KY contr PI op and order 11 30
US notice of appeal, December 3, 2021
US emergency motion for stay pending appeal, December 3, 2021
Kentucky notice of intent to respond, December 4, 2021
KY contr KY notice of intent to respond 12 4
Sixth Circuit # 21-6147
Scheduling order, December 6, 2021
Kentucky opposition to stay pending appeal, December 8, 2021
US reply supporting stay pending appeal, December 9, 2021
Order denying stay pending appeal, December 10, 2021
KY contr order denying stay pa 12 10
Motion for stay pending appeal, December 10, 2021
Scheduling order, December 10, 2021
6C KY contr scheduling order 12 10
Plaintiffs’ opposition to stay, December 16, 2021
[Plaintiffs’ response re stay, 12/16; US reply, 12/20]
US reply supporting stay, December 20, 2021
6C Ky contr US reply supporting stay 12 20
Joint motion to stay trial court proceedings, December 20, 2021
KY contr joint stay tc mo 12 20
Order granting stay of trial court proceedings, January 3, 2022
Opinion denying stay, January 5, 2022
6C KY opinion denying stay 1 5
US opening brief, January 31, 2022
Appellee brief, March 2, 2022
Florida amicus, March 9, 2022
U.S. Chamber of Commerce amicus, March 9, 2022
6C KY contr US C of C amicus 3 9
US reply brief, April 13, 2022
Plaintiffs’ additional authority (WV v US), July 11, 2022
6C KY contr pltf supp auth WV 7 11
US response re WV v US, July 13, 2022
6C KY contr US response re WV 7 13
Oral argument record, July 21, 2022
Plaintiffs’ additional authority (Georgia contractor), August 29, 2022
6C KY contr pltf addl auth 11C 8 29
US response, September 1, 2022
6C KY contr US response GA 9 1
US additional authority (Fifth Circuit), December 22, 2022
6C KY contr US addl auth 5C 12 22 22
Kentucky response, December 27, 2022
6C KY contr pltf resp 12 27 22
Opinion, January 12, 2023
========
The Louisiana case against the federal contractor vaccine mandate
Louisiana v. Biden, No. 1:21-cv-3867 (W.D. La., filed November 4, 2021)
Complaint
[]
List of cases, November 26, 2021
[Hearing, December 6]
US motion to stay, December 11, 2021
Louisiana opposition to US motion for stay, December 13, 2021
Preliminary injunction opinion, December 16, 2021
LA contr preliminary injunction opinion 12 16
US notice of appeal, January 11, 2022
Fifth Circuit # 22-30019
US opening brief, April 13, 2022
Appellees’ brief, June 13, 2022
States’ amicus, June 20, 2022
5C LA contr States amicus 6 20
US Chamber of Commerce amicus, June 21, 2022
5C LA contr US C of C amicus 6 21
US reply brief, July 5, 2022
US notice of supplemental authority (Georgia), September 1, 2022
5C LA contr US notice supp auth GA
| 10/03/2022 | ORAL ARGUMENT HEARD before Judges Graves, Willett, Engelhardt. Arguing Person Information Updated for: Elizabeth Baker Murrill arguing for Appellee State of Indiana, Appellee State of Louisiana; Arguing Person Information Updated for: David Peters arguing for Appellant Joseph R. Biden, Jr., Appellant Robin Carnahan, Appellant Federal Acquisition Regulatory Council, Appellant General Services Administration [22-30019] (SME) [Entered: 10/03/2022 09:54 AM] |
Opinion, December 19, 2022
Order lifting stay, February 15, 2023
LA contr order lifting stay 2 15 23
Joint motion to stay, March 3, 2023
| 03/03/2023 | Motions Transferred regarding 61 Joint MOTION to Stay Proceedings. Motions referred to Judge Dee D Drell. (crt,Bunting, M) (Entered: 03/03/2023) |
Stay order, March 6, 2023
22A794
Request for extension of time to petition for cert, March 9, 2023
20230309150039008_App Biden v. Louisiana
| Mar 10 2023 | Application (22A794) granted by Justice Alito extending the time to file until April 18, 2023. |
====
The Missouri case against the federal vaccine mandate
Missouri v. Biden, No. 4:21-cv-1300 (E.D. Mo., filed October 29, 2021)
Complaint
Motion for preliminary injunction, with memo and exhibits, November 4, 2021
MO v Biden PI memo and exhibits
Motion to expedite, November 9, 2021
US opposition to expediting, November 10, 2021
Missouri reply supporting expediting, November 11, 2021
US opposition to motion for preliminary injunction, November 18, 2021
Missouri reply supporting preliminary injunction, November 22, 2021
MO contractor MO PI reply 11 22
| 11/23/2021 | 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) (Entered: 11/23/2021 |
Scheduling order, November 24, 2021
MO contractor scheduling order 11 24
Joint statement of material facts, December 6, 2021
States’ supplemental brief, December 10, 2021
US supplemental brief, December 10, 2021
Missouri additional authority (MPP), December 15, 2021
MO contr MO addl auth MPP 12 15
Missouri additional authority (Louisiana), December 15, 2021
MO contr MO addl auth 5C CMS 12 15
US notice of supplemental authority (Donovan v. Vance), December 17, 2021
MO contr US supp auth Donovan 12 17
US response to plaintiffs’ additional authorities, December 17, 2021
MO contr US resp to supp auths 12 17
US notice of supplemental authority (6th Circuit OSHA), December 20, 2021
MO contr US supp auth 6C 12 20
Missouri notice of supplemental authority (6th Circuit OSHA), December 20, 2021
MO contr pltf supp auth 6C 12 20
Preliminary injunction, December 20, 2021
Notice of appeal, January 14, 2022
Unopposed motion to stay trial court proceedings, January 14, 2022
Order staying proceedings, January 18, 2022
Eighth Circuit # 22-1104
US opening brief, April 12, 2022
States’ appellee brief, June 10/13, 2022
Arizona amicus, June 17, 2022
Chamber of Commerce of the US amicus, June 17/22, 2022
Plaintiffs’ additional authority (West Virginia), July 1, 2022
8C MO contr pltf addl auth WV 7 1
US reply brief, July 5, 2022
Missouri additional authority (CDC), August 12, 2022
US response to additional authority, August 30, 2022
8C MO contr US resp re CDC 8 30
Missouri additional authority (Georgia), August 31, 2022
8C MO contr MO supp auth GA 8 31
US response re Georgia, September 1, 2022
| 09/21/2022 | ARGUED & SUBMITTED in St. Louis to Judges Lavenski R. Smith, Jane Kelly (participating via video conference), L. Steven Grasz on 09/21/2022. Ms. Anna O. Mohan for Appellants Joseph R. Biden, Jr., Ms. Robin Carnahan, United States of America, GSA, The Office of Personnel Management, Office of Management and Budget, Ms. Shalanda Young, Ms. Kiran Ahuja, Safer Federal Workforce Task Force, Mr. Jeffrey Zients, Federal Acquisition Regulatory Council, Ms. Lesley A. Field, Mr. John M. Tenaglia, Mr. Jeffrey A. Koses and Ms. Karla S. Jackson. Mr. Michael E. Talent for Appellees State of Missouri, State of Montana, State of Arkansas, State of Nebraska, State of North Dakota, State of South Dakota, State of Iowa, State of Alaska, State of Wyoming and State of New Hampshire. Rebuttal by Ms. Anna O. Mohan for Joseph R. Biden, Jr., Ms. Robin Carnahan, United States of America, GSA, The Office of Personnel Management, Office of Management and Budget, Ms. Shalanda Young, Ms. Kiran Ahuja, Safer Federal Workforce Task Force, Mr. Jeffrey Zients, Federal Acquisition Regulatory Council, Ms. Lesley A. Field, Mr. John M. Tenaglia, Mr. Jeffrey A. Koses and Ms. Karla S. Jackson. RECORDED. Click Here To Listen to Oral Argument [5200703] [22-1104] (MR) [Entered: 09/21/2022 02:41 PM] |
Plaintiffs’ additional authority (5th Cir.), December 22, 2022
8C MO contr MO addl auth 5C 12 22 22
US response, December 22, 2022
8C MO contr US response 12 22 22
US notice of additional authority (6th Cir.), January 19, 2023
8C MO contr US addl auth 6C 1 19 23
Plaintiffs’ response, January 19, 2023
8C MO contr MO response 6C 1 19 23
==========
Oklahoma v. Biden, No. 5:21-cv-1069 (W.D. Okla., filed Nov. 4, 2021)
Complaint
TRO motion, November 15, 2021
OK notice of new authority (Kentucky), December 2, 2021
US response to TRO motion, December 6, 2021
Plaintiffs’ notice re Georgia nationwide injunction, December 8, 2021
US motion to stay, December 13, 2021
Plaintiffs’ reply supporting preliminary injunction, December 13, 2021
Defendants’ notice of supplemental authorities, December 20, 2021
OK contr def supp auth 6C Donovan 12 20
Plaintiffs’ opposition to motion to stay, December 29, 2021
Plaintiffs’ notice of new authority (Kentucky), January 12, 2022
Supplemental briefing order, January 14, 2022
[Pltf.: 1/21; Def. 1/28]
Plaintiffs’ supplemental brief, January 21, 2022
US supplemental brief, January 28, 2022
Oklahoma notice re Georgia, September 8, 2022
Order requesting status report, September 12, 2022
OK contr order rq status report 9 12 22
U.S. status report, September 16, 2022
OK contr US status report 9 16
Order, October 5, 2022
US status report, October 18, 2022
OK contr US status report 10 18 22
Plaintiff’s response, October 18, 2022
Defendants’ notice (Texas cases), October 28, 2022
Stay order, December 20, 2022
Plaintiff’s additional authority (5th Cir.), January 3, 2023
OK contr pltf addl auth 5C 1 3 23
==============
Texas v. Biden, No. 3:21-cv-309 (S.D. Tex., filed Oct. 29, 2021)
Complaint
Motion for TRO, November 15, 2021
| 11/16/2021 | Minute Entry for proceedings held before Judge Jeffrey V Brown. MOTION HEARING held on 11/16/2021. Taken under advisement. Brief due by 11/22/2021. Reply soon after. Appearances:Brad Rosenburg. Daniel David Hu, Kristin Alyssa Taylor, Christopher D. Hilton, Halie Elizabeth Daniels, Amy Snow Hilton.(Court Reporter: Laura Wells), filed.(GeorgeCardenas, 4) (Entered: 11/16/2021) |
US opposition to TRO motion, November 22, 2021
Texas reply supporting TRO, November 29, 2021
Notice of hearing, December 1, 2021
Texas notice of supplemental authority (Kentucky), December 2, 2021
[Hearing, 12/3]
Texas supplemental brief, December 6, 2021
Notice of supplemental authority (Georgia), December 7, 2021
US response to Texas supplemental brief, December 8, 2021
| 12/10/2021 | Minute Entry for proceedings held before Judge Jeffrey V Brown. STATUS CONFERENCE held on 12/10/2021. Case is stayed. Appearances: Daniel David Hu, Kristin Alyssa Taylor, Brad P Rosenberg, Madeline M McMahon, Lee Reeves, Christopher D. Hilton, Halie Elizabeth Daniels, Amy Snow Hilton.(Court Reporter: Laura Wells), filed.(GeorgeCardenas, 4) (Entered: 12/10/2021) |
=============
A Washington State case against the contractor mandate
Donovan v. Vance, No. 4:21-cv-5148 (E.D. Wash., filed Nov. 16, 2021)
[]
Order denying TRO, December 17, 2021
Donovan order denying TRO 12 17
US motion to dismiss, January 18, 2022
Donovan v Vance US mo dism 1 18
Amended complaint, January 18, 2022
Motions to dismiss amended complaint, February 1, 2022
Opposition to US motion to dismiss, February 22, 2022
Plaintiffs’ notice of supplemental authority (), March 2, 2022
Donovan pltf notice supp auth NS TX 5C 3 2
Second amended complaint, March 4, 2022
US motion to dismiss second amended complaint, March 18, 2022
Donovan US ms dism 2d complaint 3 18
Opposition to US motion to dismiss, April 8, 2022
US reply supporting motion to dismiss, April 21, 2022
Order dismissing case, May 12, 2022
Notice of appeal, June 9, 2022
Ninth Circuit # 22-35474
Appellants’ motion to consolidate with Arizona case, July 11, 2022
9C pltf mo consol AZ case 7 11
US opposition to consolidation, July 21, 2022
Clerk order, August 26, 2022
Opening brief, October 24, 2022
Appellee brief, December 23, 2022
US notice of supplemental authority (6th Cir.), January 19, 2023
9C Donovan US addl auth 6C 1 19 23
| 02/26/2023 | 37 | Notice of Oral Argument on Monday, May 8, 2023 – 09:00 A.M. – SE 7th Flr Courtroom 2 – Scheduled Location: Seattle WA. The hearing time is the local time zone at the scheduled hearing location.
View the Oral Argument Calendar for your case here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available here. At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk’s Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Monday, May 8, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12661678]. [22-35474] (KS) [Entered: 02/26/2023 06:10 AM] |
====
Another Washington State case
Jensen v. Biden, No. 4:21-cv-5119 (E.D. Wash., filed Aug. 23, 2021)
[]
Order denying injunctive relief and dismissing case, November 19, 2021
===
Federal Employee and National Guard cases
====
THE OKLAHOMA NATIONAL GUARD CASE
Oklahoma v. Biden, No. 5:21-cv-1136 (W.D. Okla., filed Dec. 2, 2021)
Complaint
Emergency motion for TRO, December 3, 2021
Notice re possible recusal, December 6, 2021
Notice re possible recusal 12 6
Minute order, including scheduling, December 13, 2021
Minute order, including scheduling, 12 13
Plaintiffs’ declarations, December 15, 2021
Acting Adjutant General Mancino declaration, December 15, 2021
Acting Adjutant Gen Mancino dec 12 15
[more declarations]
Revised Mancino declaration, December 20, 2021
US opposition to TRO and preliminary injunction, December 22, 2021
Amended complaint, December 27, 2021
Reply supporting preliminary injunction, December 27, 2021
Order denying preliminary injunction, December 28, 2021
Plaintiffs’ additional authority (FMF), January 25, 2022
Amended complaint, February 15, 2022
US motion to dismiss, March 25, 2022
Plaintiffs’ opposition, May 16, 2022
US reply supporting motion to dismiss, May 26, 2022
Plaintiffs’ notice of supplemental authority (FMF), June 29, 2022
US notice of supplemental authority (Texas National Guard), July 1, 2022
Plaintiffs’ notice of new authority (Doster), July 28, 2022
US notice of recission, January 11, 2023
Show cause order, January 17, 2023
OK NG show cause order 1 17 23
Plaintiffs’ response to show cause order, February 3, 2023
OK NG pltf show cause resp 2 3 23
US reply, February 13, 2023
Plaintiffs’ status report, February 17, 2023
OK NG pltf status report 2 17 23
Voluntary dismissal by most, but not all, plaintiffs, February 17, 2023
OK NG most pltf notice dism 2 17 23
Voluntary dismissal one other plaintiff, March 3, 2023
Status report, March 3, 2023
Status report, March 7, 2023
Voluntary dismissal, last remaining plaintiff, March 7, 2023
| 03/07/2023 | Docket Annotation: With all plaintiffs having now voluntarily dismissed their claims, this case is closed. (llg) (Entered: 03/07/2023) |
==
THE TEXAS NATIONAL GUARD CASE
Abbott v. Biden, No. 6:22-cv-3 (E.D. Tex., filed Jan. 4, 2022)
Complaint and exhibits
Amended complaint including Alaska, January 25, 2022
Motion for preliminary injunction, and appendix, February 7, 2022
Joint motion for briefing schedule, February 22, 2022
Alaska brief in support, February 23, 2022
Abbott Alaska brief in support 2 23
Briefing schedule, February 24, 2022
March 9, 2022
Defendants’ consolidated preliminary injunc-tion response due
March 21, 2022
Plaintiffs’ consolidated reply due
April 1, 2022
Defendants’ consolidated sur-reply due
US opposition to motion for preliminary injunction, March 9, 2022
Texas Alaska reply supporting preliminary injunction, March 21, 2022
US sur-reply, April 1, 2022
Texas motion for hearing, June 3, 2022
| 06/06/2022 | NOTICE of Hearing on 24 plaintiffs’ motion for preliminary injunction. Plaintiffs’ motion for hearing 41 is granted. Motion hearing set for 6/22/2022 at 10:00 AM in Ctrm 306 (Tyler) before District Judge J. Campbell Barker. (ndc) (Entered: 06/06/2022) |
Opposition/motion to strike, June 6, 2022
Scheduling order, June 8, 2022
[hearing 6/23]
US response to new arguments, June 16, 2022
MInute entry, June 23, 2022
Order denying preliminary injunction, June 23, 2022
Texas notice of appeal, June 28, 2022
Fifth Circuit # 22-40399
Defendants’ proposed schedule, July 15, 2022
Appellants’ motion to expedite, July 19, 2022
Expediting order, July 20, 2022
5C TX NG expediting order 7 20
Plaintiffs’ agreement to stay, July 20, 2022
| 07/21/2022 | COURT ORDER: Plaintiff’s 54 motion to stay is granted. This case is stayed until 30 days after the Fifth Circuit issues its mandate in Case No. 22-40399. The parties shall file a status report prior to the expiration of this stay. Ordered by District Judge J. Campbell Barker on 7/21/2022. (ndc) (Entered: 07/21/2022) |
Appellant’s brief, August 22, 2022
Appellees’ brief, September 21, 2022
| 09/29/2022 | CASE CALENDARED for oral argument on Tuesday, 11/08/2022 in New Orleans in the West Courtroom — AM session. In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court’s docket and an acknowledgment form. All other counsel of record should monitor the court’s website for the posting of the oral argument calendars.. [22-40399] (SME) [Entered: 09/29/2022 01:35 PM] |
Appellants’ reply brief, October 12, 2022
| 11/08/2022 | ORAL ARGUMENT HEARD before Judges Stewart, Willett, Oldham. Arguing Person Information Updated for: Ryan Baasch arguing for Appellant Governor of the State of Texas Abbott, Greg; Arguing Person Information Updated for: Sarah Jane Clark arguing for Appellee Secretary Austin, U.S. Department of Defense, Appellee Joseph R. Biden, Appellee Department of Defense, Appellee Department of the Air Force, Appellee Department of the Army, Appellee Frank Kendall III [2aA2-40399] (SME) [Entered: 11/08/2022 09:19 AM] |
US notice re National Defense Authorization Act, December 29, 2022
5C Abbott US NDAA notice 12 29 22
US letter re policy change, January 11, 2023
5C TX NG US NDAA letter 1 11 23
US notice of recission, January 11, 2023
Confirmation letter re supplemental briefing by 1/18, January 11, 2023
5C Abbott US court rq supp br 1 11 23
US supplemental brief, January 18, 2023
Plaintiffs’ supplemental brief, January 18, 2023
+ +
Secretary Austin’s letter to Governor Abbott
defense-secretary-lloyd-austins-letter-to-texas-gov-greg-abbott
Secretary Austin’s letter to Governor Dunleavy
=========
OTHER CASES AGAINST FEDERAL VACCINE MANDATES
An Alabama case
America’s Frontline Doctors v. Becerra, No. 2:21-cv-702 (N.D. Ala., filed May 19, 2021)
Complaint
[]
Second motion for preliminary injunction, November 19, 2021
[]
US opposition to preliminary injunction/memo supporting motion to dismiss, December 17, 2021
===
Two D.C. federal employee vaccine cases, one of which is about service members
Costin v. Biden, No. 1:21-cv-2484 (D. D.C., filed September 23, 2021)
Complaint
xxx
Church v. Biden, No. 1:21-cv-2815 (D. D.C., filed October 24, 2021)
Complaint, with attachments
[]
Opinion, November 8, 2021
Status report, November 12, 2021
=======
A Maryland federal employee mandate case
Rydie v. Biden, No. 8:21-cv-2696 (D. Md., filed Oct. 20, 2021)
Complaint
Emergency motion for TRO, October 27, 2021
US opposition to TRO, November 12, 2021
Rydie TRO reply, November 16, 2021
| 11/18/2021 | 24 | Motions Hearing held on 11/18/2021 re 13 Plaintiff’s Motion to Seal Argued – DENIED; Plaintiff’s agreed to proceed; Clerk’s Office to unseal [13-1] and change the caption on the docket; 7 Plaintiff’s Emergency Motion for Temporary Restraining Order and Preliminary Injunction and to Proceed on Pseudonyms with Memorandum of Law in Support – Argued – TAKEN UNDER ADVISEMENT. The Court to issue a written decision for reasons stated on the record by and before Judge Deborah K. Chasanow.(Court Reporter: Patricia Klepp) (dhs, Deputy Clerk) (Entered: 11/18/2021) |
Unredacted complaint, November 18, 2021
[not available]
Order denying preliminary injunction, November 19, 2021
Notice of appeal, December 6, 2021
Fourth Circuit # 21-2359
Joint motion to stay district court proceedings pending interlocutory appeal, December 15, 2021
| 12/15/2021 | 33 | PAPERLESS ORDER GRANTING 32 joint motion to stay. Signed by Judge Deborah K. Chasanow on 12/15/2021. (Chasanow, Deborah) (Entered: 12/15/2021) |
Rydie motion for expedited appeal, December 20, 2021
4C Rydie mo xpedited cons 12 20
Order requiring response to motion by 12/21, December 20, 2021
4C order requesting response 12 20
US response to motion for expedition, December 21, 2021
Order expediting appeal, December 23, 2021
Briefing schedule, December 23, 2021
Rydie opening brief, December 29, 2021
US appellee brief, February 3, 2022
Rydie reply brief, February 10, 2022
Rydie motion to submit case on briefs, February 17, 2022
4C Rydie R mo submit on briefs 2 17
Order requesting US response, February 18, 2022
4C Rydie request for response 2 18
US response, February 18, 2022
4C Rydie US response re OA 2 18
Order removing case from calendar and submitting on briefs, February 22, 2022
4C Rydie order removing case from calendar 2 22
US notice of additional authority, April 8, 2022
Fourth Circuit opinion, April 19, 2022
US motion to publish, April 22, 2022
4C Rydie US mo to publish 4 22
Plaintiffs’ opposition to motion to publish, April 23, 2022
Order denying publication, April 25, 2022
4C Rydie order denying pub 4 25
===
A Texas case about the federal employee mandate
Rodden v. Fauci, No. 3:21-cv-317 (S.D. Tex., filed Nov. 5, 2021)
[]
[]
Memorandum opinion and order denying preliminary injunction, November 27, 2021
Rodden v. Fauci mem opinion and order 11 27
==
A Texas case by an NLRB lawyer against the President
Foley v. Biden, No. 4:21-cv-1098 (N.D. Tex., filed Sept. 29, 2021)
[]
Order denying preliminary injunction, October 6, 2021
Plaintiff’s motion to include additional defendants, October 8, 2021
Plaintiff’s response to Court’s 10/6 order, October 13, 2021
US response to motion to include additional defendants, October 29, 2021
US request for extension of time to answer, November 22, 2021
Plaintiffs’ response re extension of time to answer, November 23, 2021
US reply supporting extension of time, November 24, 2021
Order, November 29, 2021
[]
[]
[]
Foley additional authority analysis, December 23, 2021
Foley supp auth analysis 12 23
===
An Oklahoma case about federal employees
American Fed. of Gov’t Employees v. Biden, No. 5:21-cv-1300 (W.D. Okla., filed Nov. 29, 2021)
[]
Order dismissing case, July 22, 2022
==
A Texas case about contractors and federal employees
Feds for Medical Freedom v. Biden, No. 3:21-cv-356 (S.D. Tex., filed Dec. 21, 2021)
Complaint
Motion/memo/some exhibits for preliminary injunction, December 22, 2021
[other exhibits]
[other exhibits]
FMF notice of related cases, December 22, 2021
US opposition to preliminary injunction, January 10, 2022
FMF reply supporting preliminary injunction, January 11, 2022
FMF notice of additional authority (OSHA, CMS), January 13, 2022
FMF notice of additional authority OSHA CMS 1 13
US response to FMF notice of additional authority, January 18, 2022
FMF supplemental notice of related case, January 19, 2022
FMF supp notice related cases 1 19
Order, January 21, 2022
US notice of appeal, January 21, 2022
Clerk’s notice of the filing of an appeal, January 24, 2022
FMF clerk’s notice of filing an appeal 1 24
Fifth Circuit # 22-40043
US motion for stay pending appeal, January 28, 2022
Plaintiffs’ opposition to stay, February 1, 2022
[?]
US motion for stay pending appeal, February 4, 2022
America First amicus, February 8, 2022
45 Members of Congress amicus, February 9, 2022
FMF opposition to stay, February 9, 2022
Order carrying motion to stay with case, and briefing notice, February 9, 2022
Revised scheduling order, February 10, 2022
5C FMF revised exp br sched 2 10
| 02/11/2022 | CASE CALENDARED for oral argument on Tuesday, 03/08/2022 in New Orleans in the En Banc Courtroom — AM session. In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court’s docket and an acknowledgment form. All other counsel of record should monitor the court’s website for the posting of the oral argument calendars.. [22-40043] (SME) [Entered: 02/11/2022 09:04 AM] |
[US: 2/14. LA: 2/16. US reply: 2/18. OA: 3/8]
US reply supporting stay pending appeal, February 11, 2022
Trial court order denying stay pending appeal, February 11, 2022
US opening brief, February 14, 2022
57 Members of Congress amicus (supporting plaintiffs), February 16, 2022
Appellees’ brief, February 16, 2022
Unopposed motion to stay trial court proceedings, February 17, 2022
America First Legal Foundation motion for leave to file, with amicus, February 17, 2022
5C FMF America First F amicus 2 17
Order granting America First leave to file, February 18, 2022
5C FMF order granting America First amicus
Rodden plaintiffs’ amicus, February 18, 2022
5C Rodden plaintiffs amicus 2 18
US reply brief, February 18, 2022
Trial court stay order, February 21, 2022
FMF additional authority (Sambrano), February 22, 2022
5C FMF addl auth Sambrano 2 22
Institute for Health Research motion for leave to file, February 22, 2022
5C Inst Health Research mo leave 2 22
Questions from Keith Mohammed, February 22, 2022
FMF Keith Mohammed letter with questions 2 22
Institute for Health Research amicus, February 23, 2022
5C Inst Health Research amicus 2 23
US response re Sambrano, February 23, 2022
5C FMF US response Sambrano 2 23
[]
| 03/08/2022 | ORAL ARGUMENT HEARD before Judges Barksdale, Stewart, Dennis. Arguing Person Information Updated for: R. Trent McCotter arguing for Appellee John Armbrust, Appellee Raymond A. Beebe, Jr., Appellee Feds for Medical Freedom, Appellee Incorporated Highland Engineering; Arguing Person Information Updated for: Charles Wylie Scarborough arguing for Appellant Joseph R. Biden, Jr., Appellant Pete Buttigieg, Appellant Department of Transportation, Appellant United States of America [22-40043] (SME) [Entered: 03/08/2022 09:53 AM] |
Opinion, April 7, 2022
Order denying motion as moot, April 7, 2022
US motion for stay or immediate issuance of mandate, April 11, 2022
Plaintiffs’ opposition to stay, April 13, 2022
US additional authority (Rydie), April 20, 2022
5C FMF US addl auth Rydie 4 20
FMF response to US additional authority, April 20, 2022
5C FMF FMF resp US supp auth Rydie 4 20
FMF petition for rehearing en banc, May 21, 2022
Order requesting response by 6/2, May 23, 2022
5C FMF order rq eheb resp 5 23
America First amicus, May 27, 2022
5C FMF America First amicus 5 27
Rodden amicus, May 31, 2022
5C FMF Rodden rheb amicus 5 31
Airline Employees for Health Freedom amicus, May 31, 2022
5C FMF Airline Employees for Health Freedom amicus 5 31
America’s Frontline Doctors amicus, May 31, 2022
5C FMF America’s Frontline Doctors amicus 5 31
US opposition to rehearing en banc, June 2, 2022
Order for rehearing en banc, June 27, 2022
| 07/22/2022 | CASE CALENDARED for En Banc rehearing on Tuesday, 09/13/2022 in New Orleans In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court’s docket and an acknowledgment form. All other counsel of record should monitor the court’s website for the posting of the oral argument calendars. [22-40043] (SME) [Entered: 07/22/2022 08:17 AM] |
US en banc brief, July 27, 2022
Constitutional Accountability Center amicus, August 3, 2022
Appellees’ supplemental brief, August 26, 2022
America First Legal Foundation amicus, September 1, 2022
American Ass’n of Physicians and Surgeons amicus, September 1, 2022
FMF additional authority (Georgia contractor), September 2, 2022
America’s Frontline Doctors amicus, September 2, 2022
5C America’s Frontline Doctors amicus 9 2
38 Members of Congress amicus, September 2, 2022
Liberty Justice Center amicus, September 2, 2022
5C Liberty Justice Center amicus 9 2
Rodden amicus, September 2, 2022
America’s Future amicus, September 2, 2022
5C America’s Future amicus 9 2
US response re Georgia contractor decision, September 6, 2022
| 09/13/2022 | EN BANC ORAL ARGUMENT HEARD Richman, Jones, Smith, Barksdale, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson En Banc;. Arguing Person Information Updated for: R. Trent McCotter arguing for Appellee John Armbrust, Appellee Raymond A. Beebe, Jr., Appellee Feds for Medical Freedom, Appellee Incorporated Highland Engineering; Arguing Person Information Updated for: Charles Wylie Scarborough arguing for Appellant Joseph R. Biden, Jr., Appellant Pete Buttigieg, Appellant Department of Transportation, Appellant United States of America [22-40043] (SME) [Entered: 09/13/2022 09:40 AM] |
Plaintiffs’ additional authority (Louisiana contractor), December 23, 2022
5C FMF addl auth LA contr 12 23 22
US additional authority DC cases, March 20, 2023
5C FMF US addl auth DCC 3 20 23
US additional authority (Payne), March 21, 2023
5C FMF US addl auth Payne 3 21 23
FMF Payne response, May 21, 2023
5C FMF FMF Payne response 3 21 23
En banc opinion, March 23, 2023
5C FMF en banc opinion 3 23 23
+++
Payne v. Biden, No. 22-5154 (D.C. Cir., March 21, 2023)
+++
Preliminary injunction in Texas v. EPA, No. 3:23-cv-17 (S.D. Tex., March 19, 2023)
======
Religious exemption cases: State and local and private mandates
======
Religious exemption cases: the military
National Defense Authorization Act, H.R. 7776, see sec. 525
SEC. 525. RESCISSION OF COVID-19 VACCINATION MANDATE.
Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall rescind the mandate that members of the Armed Forces be vaccinated against COVID-19 pursuant to the memorandum dated August 24, 2021, regarding ‘‘Mandatory Coronavirus Disease 2019 Vaccination of Department of Defense Service Members’’.
====
A Texas case on RFRA and the military
U.S. Navy Seals 1-26 v. Biden, No. 4:21-cv-1236 (N.D. Tex., filed Nov. 9, 2021)
Complaint
Pittman recusal, November 9, 2021
Navy Seals 1-26 Pittman recusal 11 9
Means transfer, November 9, 2021
Navy Seals 1-26 Means transfer 11 9
America First Policy Institute amicus, November 22, 2021
Motion for preliminary injunction, November 24, 2021
[other appendices]
Motion for protective order, December 1, 2021
US response re protective order, December 2, 2021
Protective order, December 2, 2021
US preliminary injunction opposition, December 10, 2021
[Exhibits]
Foundation for Moral Law amicus, December 15, 2021
NS Foundation for Moral Law amicus 12 15
Members of Congress amicus, December 17, 2021
NS Members of Congress amicus 12 17
Reply supporting preliminary injunction, December 17, 2021
US supplemental authority (Oklahoma, Guettlien), December 30, 2021
Order, January 3, 2022
Notice of appeal, January 21, 2022
Fifth Circuit # 22-10077
First amended class action complaint, January 24, 2022
NS 1-26 amended complaint 1 24
US motion to stay injunction pending appeal, January 24, 2022
Order for expedited briefing on stay motion, January 24, 2022
Class certification motion, memo, January 25, 2022
[Op, 1/31, reply, 2/2]
NS motion for order to show cause, memo, appendix, January 31, 2022
NS order to show cause scheduling order, January 31, 2022
NS opposition to stay pending appeal, and appendix, January 31, 2022
[Order to show cause response due 2/7, reply 2/10]
US reply supporting stay, with appendix, February 2, 2022
Motion, memo for classwide preliminary injunction, February 7, 2022
US motion, memo, appendix supporting dismissal, February 7, 2022
Scheduling order re classwide motion, February 7, 2022
[response due 2/23, reply 2/28]
US opposition to motion for order to show cause, and appendix, February 7, 2022
Plaintiffs’ motion for hearing, February 9, 2022
Plaintiffs’ motion for extension of time to reply supporting order to show cause, February 9, 2022
Scheduling order, February 10, 2022
Order denying stay, February 13, 2022
Plaintiffs’ reply, and appendix, supporting motion for order to show cause, February 13, 2022
US motion for partial stay, February 16, 2022
5C NS TX US partial stay mo 2 16
US notice re policy, February 17, 2022
Plaintiffs’ response to US motion for stay, and appendix, February 21, 2022
5C NS TX pltf stay op exhibit 2 21
US opposition to preliminary injunction, and appendix, February 23, 2022
NS TX US op classwide PI appendix 2 23
US reply supporting stay, February 23, 2022
Order denying stay, February 28, 2022
US application for partial stay, No. 21A477, March 7, 2022
20220307123349362_21A Texas Navy SEALS stay app
| Mar 07 2022 | Response to application (21A477) requested by Justice Alito, due by 4 p.m. on Monday, March 14, 2022. |
Opposition to stay, March 14, 2022
20220314105038299_Stay Application Opp
US reply supporting dismissal, March 14, 2022
US reply supporting stay, March 15, 2022
20220315170840331_21A477 Texas Navy SEALs – reply for filing
Stay order, with Kavanaugh concurrence, Thomas one-line dissent, and Alito/Gorsuch dissent, March 25, 2022
Order certifying class, granting preliminary injunction, and staying preliminary injunction in part, March 28, 2022
NS TX class cert and PI order 3 28
US appellants’ brief, March 28, 2022
National Institute of Military Justice amicus, April 5, 2022
5C NS TX Military Justice amicus 4 5
Partially opposed plaintiff motion for extension of time, April 12, 2022
5C NS TX partially opposed appellee xt mo 4 12
Webb intervention motion, May 2, 2022
US motion for protective order, memorandum, appendix, May 3, 2022
NS TX US protective order mo 5 3
NS TX US protective order ms 5 3
NS TX US protective order appendix 5 3
| 05/03/2022 | 149 | ELECTRONIC ORDER deferring ruling on 146 Motion for Protective Order. Plaintiffs to respond no later than May 9, 2022. Reply brief due no later than May 11, 2022. Deponent not required to attend deposition until the Court resolves the Emergency Motion. (Ordered by Judge Reed C. O’Connor on 5/3/2022) (Judge Reed C. O’Connor) (Entered: 05/03/2022) |
Order denying US motion to dismiss, May 7, 2022
[]
Protective order, May 11, 2022
US notice of interlocutory appeal, May 27, 2022
NS TX US notice of interlocutory appeal 5 27
Byrne release request, May 27, 2022
NS TX Byrne release request 5 27
Johnson release request, May 31, 2022
NS TX Johnson release request 5 31
Order for parties’ 6/8 responses, May 31, 2022
Appellees’ motion to consolidate appeals, June 1, 2022
5C NS TX appellee consol rq 6 1
US opposition to consolidating appeals, June 3, 2022
Emergency motion, June 3, 2022
| 06/03/2022 | 170 | ELECTRONIC ORDER: Before the Court is Plaintiffs’ Emergency Motion (ECF No. 169), filed at 6:58 p.m. on Friday, June 3, 2022. The Court ORDERS Defendants to respond to the Motion no later than 5:00 p.m. on Monday, June 6, 2022. (Ordered by Judge Reed C. O’Connor on 6/3/2022) (chmb) (Entered: 06/03/2022) |
Plaintiffs’ opposed request for extension to file appellee brief, June 3, 2022
5C NS TX appellee br xt rq 6 3
US opposition to extension, June 6, 2022
Plaintiffs’ reply supporting consolidation, June 6, 2022
5C NS TX pltf consol reply 6 6
US opposition to preliminary injunction, with exhibits, June 6, 2022
Plaintiffs’ reply, June 7, 2022
Order consolidating appeals and extending time, June 7, 2022
US response to opting out, June 8, 2022
Plaintiffs’ response to opting out, June 8, 2022
NS TX pltf response opt out 6 8
Mootness order, June 8, 2022
Fernandez motion for release, June 10, 2022
Order re people leaving the military, June 13, 2022
Webb notice of interlocutory appeal, June 13, 2022
NS TX Webb notice of appeal 6 13
Fifth Circuit # 22-10597
Protective order, July 8, 2022
NS TX uniform protective order 7 8
Inadvertent disclosure order, July 8, 2022
NS TX inadvertent production order 7 8
Order on Webb appeal, July 12, 2022
US motion to compel, with memo in support and appendix, August 18, 2022
gov.uscourts.txnd.355696.191.0
Order setting response deadline, August 19, 2022
Appellees’ brief, August 22, 2022
Liberty, Life and Law amicus, August 23, 2022
5C Liberty Life and Law amicus 8 23
Foundation for Moral Law amicus, August 23, 2022
Boykin amicus, August 29, 2022
Zywicki Singer amicus, August 29, 2022
Mississippi amicus, August 29, 2022
Plaintiffs’ response to US motion to compel, September 2, 2022
US reply supporting motion to compel, and appendix, September 9, 2022
US reply brief, September 12, 2022
Plaintiffs’ supplemental authority (Inspector General), September 13, 2022
Motion to compel responses to requests for admissions, with memo and appendices, October 14, 2022
Opposition to motion to compel, with appendix, November 4, 2022
NS TX pltf compel op appendix 11 4 22
US reply supporting motion to compel, November 18, 2022
NS TX US reply compel 11 18 22
US notice re motion to compel, December 7, 2022
Plaintiffs’ response to US notice, December 12, 2022
[]
US abeyance motion, December 27, 2022
5C NS TX US stay abeyance mo 12 27 22
Order for supplemental briefing on mootness, January 4, 2023
5C NS TX order for supp mootness b 1 4 23
[]
US notice re recission, January 11, 2023
NS TX US notice recission 1 11 23
Plaintiffs’ opposition to abeyance, January 13, 2023
5C NS TX pltf abeyance op 1 13 23
Plaintiffs’ supplemental brief on mootness, January 27, 2023
5C NS TX pltf supp br mootness 1 27 23
US supplemental brief on mootness, January 27, 2023
5C TX NG US supp br mootness 1 27 23
US notice re Fifth Circuit mootness brief, January 27, 2023
US notice re 5C filing 1 27 23
Scheduling order, January 30, 2023
US motion/memo to dismiss, and appendix, February 6, 2023
Plaintiffs’ opposition, and appendix, February 13, 2023
NS TX mootness op appendix 2 13 23
Plaintiffs’ post oral argument submission, February 13, 2023
5C NS TX pltf post OA subm 2 13 23
US notice and response, February 17, 2023
5C NS TX US notice and response 2 17 23
US mootness reply, and appendix, February 21, 2023
NS TX US mootness reply 2 21 23
NS TX mootness reply appendix 2 21 23
Order setting surreply for 3/8, February 22, 2023
NS TX order allowing surreply 2 22 23
Mediation order, February 27, 2023
Review of Alaska Mental Health Statutes
US update, February 28, 2023
NS TX US notice re guidance 2 28 23
Order for surreply to cover latest guidance, March 1, 2023
NS TX order for surreply to cover 3 1 23
Joint motion to stay, March 6, 2023
US notice re guidance, March 7, 2023
NS TX US addl guidance notice 3 7 23
Stay order, March 7, 2023
Sur-reply and appendix, March 8, 2023
NS TX pltf mootness surreply 3 8 23
NS TX pltf mootness surreply appendix 3 8 23
US supplemental authority (moot or dismissed cases), March 20, 2023
Mediation report, March 23, 2023
NS TX mediation report 3 23 23
US additional authority (CFMO), April 4, 2023
NS TX US addl auth CFMO 4 4 23
===
A California case for a religious exemption
Dunn v. Austin, No. 2:22-cv-288 (E.D. Cal., filed Feb. 14, 2022)
Complaint
[]
| 02/22/2022 | 16 | MINUTES for proceedings held via video conference before District Judge John A. Mendez: MOTION HEARING held on 2/22/2022. T. Molloy appeared via video for Plaintiff. C. Enlow appeared via video for Defendants. Plaintiff present via video. The Court DENIED Plaintiff’s 4 Motion for Temporary Restraining Order converted to a Motion for Preliminary Injunction. Court Reporter: J. Coulthard. [TEXT ONLY ENTRY] (Michel, G.) (Entered: 02/22/2022) |
Ninth Circuit # 22-15286
[]
Order denying injunction pending appeal, April 1, 2022
Dunn stay application, No. 21A599, April 11, 2022
20220411162347802_Emergency Application J Dunn
Zywicki amicus, April 12, 2022
20220412151706897_Dunn – Supreme Court Amicus Brief
Mississippi (and Alaska) amicus, April 12, 2022
20220412154142789_No. 21A599 Motion for Leave to File and Brief of 23 States
| Apr 13 2022 | Response to application (21A599) requested by Justice Kagan, due by 5 p.m. (EDT) on Friday, April 15th, 2022. |
Becket Fund amicus, April 14, 2022
20220414162633921_Dunn v. Austin – Amicus Brief of BFRL
Air Force Officer amicus, April 14, 2022
US response, April 15, 2022
20220415154321337_21A599 Dunn Stay Opp final
Retired Officers amicus supporting applicant, April 15, 2022
20220415121734164_21A599 Dunn v. Austin Amicus
| Apr 18 2022 | Application (21A599) referred to the Court. |
| Apr 18 2022 | Application (21A599) denied by the Court. The application for an injunction pending appeal presented to Justice Kagan and by her referred to the Court is denied. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the application for an injunction pending appeal. |
==
A Georgia case for religious exemptions
Air Force Officer v. Austin, No. 5:22-cv-9 (M.D. Ga., filed Jan. 6, 2022)
Complaint
Motion for TRO/preliminary injunction, January 6, 2022
[]
Preliminary injunction, February 15, 2022
Amended complaint with class action allegations, February 28, 2022
AFO amended complaint w class 2 28
Motion to certify class, February 28, 2022
Motion for preliminary injunction, February 28, 2022
US motion to dismiss amended complaint, March 10, 2022
US motion to stay deadlines, March 10, 2022
| 3/11/2022 | 62 | This is a text only entry; no document issued. ORDER granting 61 Defendants’ Motion to Stay deadlines. The Court stays Defendants’ deadlines to respond to Plaintiff’s Amended Complaint, Motion for Class Certification and Motion for Classwide Preliminary Injunction until the Court rules on Defendants’ pending to motion to strike Plaintiff’s Amended Complaint. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 3/11/2022 (TES) (Entered: 03/11/2022) |
Motion for leave to file second amended complaint, March 31, 2022
Motion to certify class, March 31, 2022
Motion for classwide preliminary injunction, March 31, 2022
Opposition to motion to strike first amende complaint, March 31, 2022
ASO op to mo to strike 1st am C 3 31
US opposition to leave to file 2d amended complaint with class allegations, April 8, 2022
US notice of additional authority (Feds for Medical Freedom), April 11, 2022
US notice of appeal, April 12, 2022
Eleventh Circuit # 22-11200
Reply supporting second amended complaint, April 12, 2022
US motion to stay trial court proceedings, April 14, 2022
US notice of supplemental authority (Dunn), April 18, 2022
Plaintiffs’ opposition to staying trial court proceedings, April 22, 2022
US reply supporting stay, April 25, 2022
Plaintiffs’ motion for surreply, April 27, 2022
AFO AFO leave surreply mo 4 27
Omnibus order, April 27, 2022
Motion to certify class, etc., May 3, 2022
ASO class cert and class pi mo 5 3
US motion to dismiss, May 11, 2022
US class certification and classwide preliminary injunction opposition, May 24, 2022
Plaintiffs’ opposition to US motion to dismiss, June 1, 2022
Plaintiffs’ reply supporting class certification, June 7, 2022
US reply supporting dismissal, correction, acceptance, June 15, 16, 2022
AFO US reply supporting dism 6 15
AFO US unop motion to correct 6 16
| 06/16/2022 | 109 | This is a text only entry; no document issued. ORDER granting 108 Unopposed Motion to file corrected brief. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 6/16/2022 (TES) (Entered: 06/16/2022) |
US supplemental authority (Knick), June 17, 2022
[US footnote on cases allegedly going its way:
Knick represents the fourteenth such denial or outright dismissal of similar requests for relief.2
2 See Creaghan v. Austin, No. 22-cv-0981 (CKK), 2022 WL 1500544 (D.D.C. May 12, 2022),
appeal filed, No. 22-5135 (D.C. Cir. May 20, 2022); Navy SEAL 1 v. Austin, — F. Supp. 3d —, 2022 WL 1294486 (D.D.C. Apr. 29, 2022), appeal filed, No. 22-5114 (D.C. Cir. May 5, 2022); Roberts v. Roth, 21-cv-1797, 2022 WL 834148 (D.D.C. Mar. 21, 2022); Roth v. Austin, No. 8:22CV3038, 2022 WL 1568830 (D. Neb. May 18, 2022), appeal filed, No. 22-2058 (8th Cir. May 20, 2022); Church v. Biden, — F. Supp. 3d —, 2021 WL 5179215 (D.D.C. Nov. 8, 2021); Thomas Short v. Berger, No. 22-cv-00444, 2022 WL 1203876 (D. Ariz. Apr. 22, 2022), appeal filed, No. 22-15755 (9th Cir. May 18, 2022); Vance v. Wormuth, No. 3:21-cv-730-CRS, 2022 WL 1094665 (W.D. Ky. Apr. 12, 2022); Mark Short v. Berger, No. 22-cv-1151, 2022 WL 1051852 (C.D. Cal. Mar. 3, 2022); Ex. 31, Dunn v. Austin, No. 22-cv-00288 (E.D. Cal. Feb. 22, 2022) (“Dunn Op.”); Robert v. Austin, 21-cv-02228, 2022 WL 103374 (D. Colo. Jan. 11, 2022); Oklahoma v. Biden, — F. Supp. 3d —, 2021 WL 6126230 (W.D. Okla. Dec. 28, 2021); Guettlein v. U.S. Merch. Marine Acad., — F. Supp. 3d —, 2021 WL 6015192 (E.D.N.Y. Dec. 20, 2021); Doe #1-#14 v. Austin, — F. Supp. 3d —, 2021 WL 5816632 (N.D. Fla. Nov. 12, 2021).]
AFO response to supplemental authority, June 21, 2022
US reply supporting motion to dismiss, June 23, 2022
AFO notice of additional authority (Carson, Kennedy, FMF), June 29, 2022
US notice of additional authority (venue), July 8, 2022
AFO US notices addl auth venue 7 8 22
AFO response re venue, July 13, 2022
AFO AFO response (MD FL severance) 7 13
AFO notice of additional authority (Doster), July 14, 2022
AFO AFO notice addl auth Doster 7 14
US “notice of significant factual development”, July 22, 2022
US notice of additional authority (WD OK), July 25, 2022
AFO US notice addl auth WD OK 7 25
Plaintiffs’ motion to stay Counts I and II, August 4, 2022
US response, August 4, 2022
Plaintiffs’ reply, August 4, 2022
Order staying Counts I, II, And III, August 5, 2022
AFO motion to stay, August 12, 2022
Stay order (pending Doster), August 24, 2022
Status report, September 14, 2022
Status report, October 13, 2022
Status report, November 14, 2022
11C AFO status report 11 14 22
Status report, December 14, 2022
US notice to court re NDAA, December 27, 2022
11C AFO US NDAA notice 12 27 22
US recission notice, January 11, 2023
11C AFO recission notice 1 11 23
Status report, January 13, 2023
Status report, February 14, 2023
Status report, March 14, 2023
Status report, April 14, 2023
[]
Status report, May 12, 2023
[]
========
A Colorado case against the federal vaccine mandate
Robert v. Austin, No. 1:21-cv-2228 (D. Colo., filed Aug. 17, 2021)
[]
Order denying TRO, September 1, 2021
[]
US combined opposition to preliminary injunction and motion to dismiss, November 23, 2021
Robert US PI op and ms dism 11 23
Plaintiffs’ opposition to motion to dismiss, December 16, 2021
US reply supporting dismissal, December 23, 2021
===
Florida cases against the federal vaccine mandate
Doe v. Austin, No. 3:21-cv-1211 (N.D. Fla., filed Oct. 6, 2021)
[]
| 11/03/2021 | 44 | Minute Entry for proceedings held before JUDGE ALLEN C WINSOR:Telephonic Motion Hearing held on 11/3/2021 re 3 Emergency MOTION for Declaratory Judgment and 10 Motion for Temporary Restraining Order – 9:04 a.m. to 11:25 a.m. – Brandon Johnson and Irbrhim Reyes present for the Plaintiffs and Drew Carmichael present for the defendants – arguments presented by both sides – written order to follow (Court Reporter Lisa Snyder (USDC-Tallahassee)) (tss) (Entered: 11/04/2021) |
Order denying preliminary injunction motions, November 12, 2021
Doe (Coker) v. Austin order denying PI 11 12
==
Navy Seal 1 v. Biden, No. 8:21-cv-2429 (M.D. Fla., filed October 15, 2021)
Complaint
[]
Scheduling order, October 18, 2021
[]
Order, November 22, 2021
US class certification opposition, December 3, 2021
Navy Seal US class cert op 12 3
First US notice re religious exemptions, January 7, 2022
NS FL US first notice re exemptions 1 7
Guthart notice re denial of his exemption, January 7, 2022
NS FL Guthart communication 1 7
Motion for leave to amend complaint, January 20, 2022
Renewed motion for preliminary injunction, January 21, 2022
Navy Seal 1 renewed PI motion 1 21
Second US notice of compliance, January 21, 2022
Navy Seal 1 second US notice of compliance 1 21
US opposition to motion for leave to amend complaint, January 28, 2022
NS US amended complaint op 1 28
Motion for TRO, February 1, 2022
US notice re TRO response, February 1, 2022
Navy Seals US notice re TRO memo 2 1
Order directing US response by 5 pm 2/2, February 2, 2022
Navy Seals order for response 2 2
US response, February 2, 2022
TRO, February 3, 2022
US compliance notice, February 4, 2022
Navy Seal US compliance notice 2 4
US opposition to preliminary injunction, February 4, 2022
Amended complaint, February 7, 2022
[]
[]
Order extending preliminary injunction to February 18, February 11, 2022
[]
Procedural order, February 12, 2022
[]
[]
[]
Order for pseudonyms, February 18, 2022
Preliminary injunction, February 18, 2022
Plaintiffs’ second declaration, February 22, 2022
US notice of intent to respond to second declaration, February 23, 2022
NS FL US notice intent respond 2 23
US notice of appeal, February 25, 2022
NS FL US notice of appeal 2 25
[]
US emergency stay motion, February 28, 2022
Preliminary opposition to US motion, March 1, 2022
Plaintiffs’ TRO motion, March 2, 2022
Order denying immediate administrative stay, March 2, 2022
Eleventh Circuit # 22-10645
US time sensitive motion to stay, March 3, 2022
11C US time sensitive mo stay 3 3
Letter opposing stay, March 3, 2022
US reply supporting stay, March 3, 2022
US notice re compliance deadline, March 3, 2022
US notice of compliance deadline xt 3 3
Plaintiff’s response to US notice, March 3, 2022
NS FL pltf response US notice 3 3
Further US opposition to class certification, March 4, 2022
NS FL further US class cert op 3 4
Eleventh Circuit order directing response by 3/14, March 7, 2022
11C order directing response 3 7
Macik TRO motion, March 8, 2022
Plaintiffs’ opposition to stay pending appeal, March 9, 2022
[Hearing, 3/10]
US opposition to TRO, March 11, 2022
Order denying stay pending appeal, March 11, 2022
NS FL order denying stay pending appeal 3 11
Plaintiffs’ response to 11th Cir. stay motion, March 15, 2022
US reply supporting stay, March 16, 2022
US motion to dismiss, March 18, 2022
US opposition to TRO (Macik), March 22, 2022
Motion for TRO, March 23, 2022
US partial opposition to TRO, March 24, 2022
Plaintiffs’ additional authority (Ramirez v. Collier), March 24, 2022
NS FL pltf addl auth Ramirez 3 24
Plaintiffs’ additional authority (Ramirez v. Collier), March 24, 2022
11C pltf notice addl auth Ramirez 3 24
Plaintiffs’ notice of additional authority (U.S. Supreme Court stay in NS TX), March 28, 2022
11C pltf notice supp auth NS TX 3 28
US response to plaintiffs’ supplemental authority (Ramirez), March 28, 2022
11C US supp auth Ramirez response 3 28
US response to Navy Seals (Texas), March 28, 2022
11C US supp response NS TX 3 28
US additional authority (Navy Seals Texas), March 29, 2022
Plaintiffs’ supplemental response, March 30, 2022
Eleventh Circuit partial stay order, March 30, 2022
11C NS FL partial stay order 3 30
Plaintiffs’ motion for TRO, March 30, 2022
Preliminary injunction, April 1, 2022
US opposition to TRO, April 6, 2022
US air force cadet motion for TRO, April 8, 2022
NS FL air force cadet TRO mo 4 8
US response to U.S. Supreme Court order, April 8, 2022
US notice of intent to respond to TRO motion, April 8, 2022
Appellants’ brief, April 11, 2022
Third declaration supporting PI and class certification, April 15, 2022
US opposition to TRO (Cadet), April 15, 2022
Order extending temporary injunctive relief, April 15, 2022
US notice of supplemental authority (Dunn), April 20, 2022
Order for injunctive relief, April 21, 2022
Order partially granting TRO, April 25, 2022
NS FL order partly granting TRO 4 25
US notice of supplemental authority, April 25, 2022
Plaintiffs’ supplemental memorandum supporting motions, April 26, 2022
US declarations, April 27, 2022
Plaintiffs’ TRO memorandum, April 28, 2022
Minute entry, April 28, 2022
Order extending injunctive relief to 5/19, May 5, 2022
NS FL order extending inj r 5 5
Extension order, May 9, 2022
US motion to file supplemental brief on class certification, May 13, 2022
Order allowing filing, May 16, 2022
NS FL leave to respond re class cert 5 16
Liberty, Life, and Law amicus, May 16, 2022
11C NS liberty life amicus 5 16
US supplemental opposition to class certification, May 23, 2022
Plaintiffs’ opposition to US motion to dismiss, May 24, 2022
Unopposed Navy Seals motion for miscellaneous relief, May 24, 2022
Order severing cases by branch of service, June 2, 2022
NS FL severing cases by branch of service 6 2
Appellee brief, June 10, 2022
American Constitutional Rights Union amicus, June 17, 2022
11C Am Const Rights Union amicus 6 17
Air Force Officer (Middle Georgia plaintiff) amicus, June 17, 2022
US reply brief, July 1, 2022
Plaintiffs’ additional authority (Sixth Circuit Doster), December 2, 2022
11C NS FL pltf supp auth Doster 6C 12 2 22
US notice re House passage of NDAA amendment, December 9, 2022
| 12/14/2022 | 68 | Oral argument held this date. Oral Argument presented by Sarah Jane Clark for Appellants Secretary, US Department of the Army, Secretary US Department of the Air Force, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy, Secretary of the United States Department of Defense and Commandant, United States Marine Corps and Mathew Duane Staver for Appellees Captain, Major, Navy Seal 1, Navy Seal 2, EOD Officer, Senior Chief Petty Officer, Chaplain, Lieutenant Colonel 1, Lieutenant Colonel 2, Second Lieutenant, Army Ranger, Lance Corporal 1, Lance Corporal 2, Air Force Major, National Guardsman, Coast Guard Lieutenant, Technical Sergeant, Colonel, Commander Surface Warfare Officer, Navy Chief Warrant Officer, Colonel Financial Management Officer and Reserve Lieutenant Colonel. [Entered: 12/14/2022 02:17 PM] |
US notice re NDAA, December 27, 2022
11C US notice re NDAA 12 27 22
Order for mootness briefing, January 10, 2023
NS FL scheduling order 1 10 23
US notice of recission, January 11, 2023
NS FL notice recission 1 11 23
US notice of recission, January 11, 2023
11C NS FL notice recission 1 11 23
Unopposed motion for abeyance, January 17, 2023
11C NS FL unop abeyance mo 1 17 23
US motion to dismiss, January 18, 2023
Abeyance order, January 23, 2023
Status report, February 15, 2023
11C NS FL status report 2 15 23
Status report, March 15, 2023
11C NS FL status report 3 15 23
Indicative ruling, April 3, 2023
NS FL indicative ruling 4 3 23
==
US notice of additional authority (venue dismissals), July 8, 2022
AFO US notice of addl auth venue 7 8
[]
AFO US notice addl auth WD OK 7 25
US supplemental authority (Doster), August 4, 2022
11C AFO US supp auth Doster 8 4
Stay order, August 5, 2022
AFO motion to stay, August 12, 2022
Plaintiffs’ supplemental authority (Colonel FMO), November 16, 2022
11C NS FL addl auth Colonel FMO 11 16
Plaintiffs’ supplemental authority (IG memo), November 16, 2022
Plaintiffs’ supplemental authority (Doster), December 2, 2022
11C NS FL pltf supp auth Doster 6C 12 2 22
US notice re Defense Authorization Act, December 9, 2022
11C NS FL US notice re def authz act 12 9 22
| 12/14/2022 | 68 | Oral argument held this date. Oral Argument presented by Sarah Jane Clark for Appellants Secretary, US Department of the Army, Secretary US Department of the Air Force, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy, Secretary of the United States Department of Defense and Commandant, United States Marine Corps and Mathew Duane Staver for Appellees Captain, Major, Navy Seal 1, Navy Seal 2, EOD Officer, Senior Chief Petty Officer, Chaplain, Lieutenant Colonel 1, Lieutenant Colonel 2, Second Lieutenant, Army Ranger, Lance Corporal 1, Lance Corporal 2, Air Force Major, National Guardsman, Coast Guard Lieutenant, Technical Sergeant, Colonel, Commander Surface Warfare Officer, Navy Chief Warrant Officer, Colonel Financial Management Officer and Reserve Lieutenant Colonel. [Entered: 12/14/2022 02:17 PM] |
Notice of impasse, March 31, 2023 (also CFMO, below)
NS FL notice of impasse 3 31 23
====
Colonel Financial Management Officer v. Austin, No. 8:22-cv-1275 (M.D. Fla., filed )
[]
[]
Order on class certification and classwide preliminary injunction, August 18, 2022
Order on motion to dismiss, August 18, 2022
Answer to third amended complaint, September 15, 2022
US motion to show cause re dismissal of warrant officer, October 13, 2022
1275 US osc rq re one officer 10 13 22
US notice of interlocutory appeal, October 14, 2022
1275 US notice of interloc appeal 10 14
[]
US emergency motion to stay, December 21, 2022
Order for response, December 22, 2022
Joint notice, December 23, 2022
Opposition to stay, December 29, 2022
Scheduling order, December 30, 2022
CFMO scheduling order 12 30 22
US notice of recission, January 11, 2023
NS FL notice recission 1 11 23
US notice of recission (in NS FL and this case), January 11, 2023
11C NS FL notice recission 1 11 23
US motion to dismiss, January 18, 2023
US third motion for stay, January 18, 2023
Temporary stay, January 20, 2023
CFMO abeyance, January 23, 2023
US notice re health protection guidance, January 31, 2023
CFMO US notice re health protection guidance 1 31 23
Plaintiffs’ opposition to US motion to dismiss, February 1, 2023
US request to file reply, February 9, 2023
| 02/10/2023 | 283 | ENDORSED ORDER: The defendants’ unopposed motion (Doc. 282) to file a supplemental memorandum in support of the motion to dismiss is GRANTED. No later than FEBRUARY 14, 2023, the defendants may file a supplemental memorandum not to exceed five pages. Signed by Judge Steven D. Merryday on 2/10/2023. (WBW) (Entered: 02/10/2023) |
Supplemental US memo supporting dismissal, February 14, 2023
Status report, February 15, 2023
US notice re Navy guidance, February 22, 2023
CFMO US notice re Navy 2 22 23
US notice re implementation, February 28, 2023
CFMO US implementation guidance 2 28 23
US additional authority re mootness, March 8, 2023
CFMO US suppl auth mootness 3 8 23
Two panels of the Ninth Circuit Court of Appeals dismissed Service members’ appeals from the denial of preliminary injunctions prohibiting enforcement of the military’s COVID-19 vaccination requirement, finding moot those requests for injunctive relief. See Short v. Berger, Nos. 22-15755, 22-16607 (9th Cir. Feb. 24, 2023) (a Marine Corps
case); Dunn v. Austin, No. 22-15286 (9th Cir. Feb. 27, 2023). Several district courts have likewise noted that challenges to the COVID-19 vaccination requirement are moot. See Alvarado v. Austin, No. 122CV876AJT-JFA, 2023 WL 2089246, at *3 (E.D. Va. Feb. 17, 2023) (“requests and any relief therefrom are now stale given the Rescission Memo”); Chancy, et al. v. Biden, et al., 1:22-cv-110, ECF No. 32 (N.D. Fla. Feb. 14, 2023) (dismissing case challenging military COVID-19 vaccine requirement as moot); Clements v. Austin, No. 2:22-2069-RMG, ECF No. 57 (D.S.C. March 7, 2023) (denying preliminary injunction as moot). Other cases related to the DoD vaccine
requirement have been voluntarily dismissed after the rescission. See Okla. v. Biden, No: 5:21-cv-01136, ECF Nos. 77, 78, 82 (W.D. Okla. Feb. 17, 2023 and March 7, 2023); Church v. Biden, No. 1:21-cv-2815, ECF No 43 (D.D.C. Jan. 23, 2023) (including Marine Corps plaintiffs); Air Force Major v. Austin, No. 3:22-cv-00756, ECF No. 25 (N.D. Tex. March 7, 2023).
US supplemental authority, March 17, 2023
CFMO US supp auth mootness 3 17 23
See Roth v. Austin, No. 22-2058, 2023 WL
2531885 (8th Cir. Mar. 16, 2023) (unanimously concluding that issue was moot in
light of statutory rescission); Navy Seal 1 v. Austin, Nos. 22-5114, 22-5135, 2023 WL
2482927 (D.C. Cir. Mar. 10, 2023) (per curiam) (dismissing appeals and vacating
judgments as moot).
====
See also Doster v. Secretary of Air Force, No. 1:22-cv-84 (S.D. Ohio), 22-3497 (6th Cir.)
[]
Preliminary injunction order, March 31, 2022
[]
Plaintiffs’ “notice of factual developments,” June 9, 2022
US notice of additional authority (Knick), June 17, 2022
Order denying motion to dismiss, July 14, 2022
Order on pending motions, granting class certification, July 14, 2022
US opposition to class-wide preliminary injunction, July 21, 2022
Plaintiffs’ response supporting class-wide preliminary injunction, July 25, 2022
US opening brief, July 25, 2022
US notice of supplemental authority (South Carolina case), July 27, 2022
Doster US notice supp auth SC 7 27
Class-wide preliminary injunction order, July 27, 2022
US answer, July 27, 2022
US notice re court-martials, August 3, 2022
Doster US notice re court-martials 8 3
US notice re opt-outs, August 8, 2022
Plaintiffs’ motion to consolidate appeals, September 7, 2022
US opposition to motion to consolidate, September 8, 2022
Order denying stay in 2d case, September 9, 2022
6C Doster II denial of stay 9 9
Reply supporting consolidation, September 10, 2022
Plaintiffs’ notice re inspector general report, September 14, 2022
Plaintiffs’ motion to supplement record with IG report, September 14, 2022
Order re consolidation, September 14, 2022
US notice re opt-outs, September 15, 2022
Doster US notice re opt outs 9 15
Doster joint motion for protective order, September 19, 2022
Doster joint mo protective order 9 19
Doster appellee brief in 1st case, September 22, 2022
US opening brief in 2d case, September 23, 2022
US opposition to supplementing record, September 26, 2022
DeGoes affidavit, September 26, 2022
Plaintiffs’ reply supporting supplementing record, September 28, 2022
Doster Kentucky amicus in 1st case, September 29, 2022
US reply brief, October 13, 2022
Doster additional authority, October 18, 2022
6C Doster pltf addl auth 10 18
Note re oral argument, October 19, 2022
Opinion, November 29, 2022
US request for extension of time to file for rehearing en banc, December 15, 2022
6C Doster US xt rheb rq 12 15 22
Order extending time, December 16, 2022
US notice re recission of policy, January 11, 2023
US petition for rehearing en banc, February 13, 2023
Plaintiffs’ notice re discovery dispute, February 22, 2023
US supplemental authority (9th Cir., guidance), February 28, 2023
6C Doster US supp auth 2 28 23
Order requesting plaintiff response to US petition for rehearing en banc by 3/15, March 1, 2023
6C Doster rq rheb response 3 1 23
| 03/03/2023 | NOTATION ORDER: The Court sua sponte herein STAYS this case entirely pending the 6th Circuit’s decisions on the Defendants’ pending matters therein in the interest of justice and judicial economy. This Court “has broad discretion to stay proceedings as an incident to its power to control its own docket.” Clinton v. Jones, 520 U.S. 681, 706 (1997). Additionally, the Court VACATES the current Calendar Order (Doc. 89 ). IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 03/03/2023. (kaf) (Entered: 03/03/2023) |
Doster opposition to rehearing en banc, March 13, 2023
6C Doster Doster rheb op 3 13 23
US supplemental authority, March 13, 2023
6C Doster US addl auth 3 13 23
| 03/13/2023 | 107 | *STRICKEN PER DOC. 108 * NOTICE by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Connor McCormick, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Daniel Reineke, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, III, Adam Theriault of filing of Declarations in support of request to lift stay and in support of en banc opposition in the Sixth Circuit (Attachments: # 1 Affidavit Declaration of D. Reineke, # 2 Affidavit Declaration of M. Colantonio, # 3 Affidavit Declaration of C. Schuldes, # 4 Affidavit Declaration of J. Dills, # 5 Affidavit Declaration of M. Haberle, # 6 Affidavit Declaration of A. Sigala, # 7 Affidavit Declaration of L. Sanchez Martinez, # 8 Affidavit Declaration of J. Oberg) (Wiest, Christopher) Modified on 3/14/2023 (kaf). (Entered: 03/13/2023) |
| 03/14/2023 | 108 | ORDER TO STRIKE:
This matter is before the Court on Plaintiffs’ Notice and attached Declarations (Doc. 107 ). This Court sua sponte stayed this case in its entirety “pending the 6th Circuit’s decisions on the Defendants’ pending matters[.]” (March 3, 2023 Notation Order.) Rather than abiding by the Order, Plaintiffs completely disregarded this Court’s directive and, instead, filed the Notice and attached Declarations. Trial courts have inherent authority to control their dockets. Anthony v. BTR Auto. Sealing Sys., Inc., 339 F.3d 506, 516 (6th Cir. 2003). Such inherent authority allows a court on its own motion “to strike improperly-filed matters and other items as part of managing their dockets.” Wohadlo v. Tentcraft Inc., No. 1:18-cv-1442, 2021 WL 2383844, at *5 (S.D. Ohio Apr. 20, 2021). The Court finds Plaintiffs’ Notice and Declarations (Doc. 107 ) were improperly filed, as such filing was in clear violation of this Court’s Order staying the case in its entirety. Therefore, this Court has the inherent authority to strike such filing. Additionally, the Court reminds the parties that the Court has the “inherent authority” to discipline counsel if violations of court orders were to continue. See Berger v. Cuyahoga Cnty. Bar Ass’n, 983 F.2d 718, 724 (6th Cir. 1993). Therefore, pursuant to the Court’s inherent authority and broad discretion to manage its docket, Plaintiff’s Notice (Doc. 107 ), as well as all Declarations attached as exhibits to the Notice (Docs. 107 -1, 107 -2, 107 -3, 107 -4, 107 -5, 107 -6, 107 -7, & 107 -8), are hereby STRIKEN from the record. IT IS SO ORDERED. |
Air Force Officer amicus, March 14, 2023
6C Doster AFO amicus vs rehearing en banc 3 14 23
US additional authority (8th Cir.), March 16, 2023
6C Doster US addl auth 8C 3 16 23
Motion to supplement record, March 21, 2023
6C Doster mo supp record 3 21 23
US opposition to supplementing record, with conditional cross-supplementation, March 23, 2023
6C Doster US supp r op conditional x supp 3 23 23
Reply supporting motion to supplement, March 28, 2023
6C Doster supp record reply 3 28 23
US additional authority (CFMO), April 5, 2023
6C Doster US addl auth CFMO 4 5 23
Doster CFMO response, April 6, 2023
6C Doster Doster CFMO response 4 6 23
Order denying rehearing en banc, April 17, 2023
6C Doster order denying rheb 4 17 23
[]
====
A Mississippi case against the federal mandates
Hollis v. Biden, No. 1:21-cv-163 (N.D. Miss., filed Oct. 27, 2021)
Complaint
[]
[]
Order denying preliminary injunction and dismissing case for lack of standing, November 23, 2021
===
A New York case against the Merchant Marine Academy
Guettlein v. U.S. Merchant Marine Academy, No. 2:21-cv-6443 (E.D. N.Y., filed Nov. 19, 2021)
[]
[]
Order, December 20, 2021
Notice of voluntary dismissal, January 3, 2022
Order dismissing case without prejudice, January 4, 2022
Guettlein order dism w o prj 1 4
=============
STATE-IMPOSED VACCINATION MANDATES FOR HEALTH CARE WORKERS: RELIGIOUS EXEMPTIONS?
=======
The New York hospitals vaccine mandate religious exemption cases
We the Patriots USA, Inc. v. Hochul, No. 1:21-cv-4954 (E.D. N.Y.)
Complaint, September 2, 2021
[]
| 09/12/2021 | ORDER denying 6 Motion for TRO; denying 6 Motion for Preliminary Injunction. So Ordered by Judge William F. Kuntz, II on 9/12/2021. (Kuntz, William) (Entered: 09/12/2021) |
Second Circuit # 21-2179
[]
State’s motion to dismiss, and exhibits, refiled 3/16/22
We the Patriots State exhibits
We the Patriots opposition to motion to dismiss, refiled 3/16/22
We the Patriots State reply supporting dismissal, March 16, 2022
We the Patriots state dism reply
===
Dr. A v. Hochul, No. 1:21-cv-1009 (N.D. N.Y.)
Complaint, September 13, 2021
TRO motion, September 13, 2021
McHale declaration, September 13, 2021
TRO, September 14, 2021
Order extending TRO and cancelling hearing, September 20, 2021
New York opposition, with first of about 50 attachments, September 22, 2021
Preliminary injunction, October 12, 2021
Notice of appeal, October 13, 2021
Second Circuit # 21-2566
Scheduling letter, October 14, 2021
Appellants’ brief, October 18, 2021
Second Circuit letter to counsel, October 19, 2021
Greater New York Hospital Ass’n amicus, October 20, 2021
Appellees’ brief, October 22, 2021
NY reply brief, October 25, 2021
[Oral argument scheduled 10/27]
Certified order, October 29, 2021
Opinion, November 4, 2021
L.A. County Dep’t of Public Health, COVID-19 Vaccine and Fetal Cell Lines (Apr. 20, 2021), cited and relied on in the Second Circuit opinion
VaccineDevelopment_FetalCellLines
Order vacating preliminary injunction, November 5, 2021
Clarification order, November 12, 2021
We The Patriots emergency application, No. 21A125
20211102143010542_WTP_Emergency Application For Stay_final
| Nov 03 2021 | Response to application (21A125) requested by Justice Sotomayor, due Wednesday, November 10, by 4 p.m. |
Americans United for Separation of Church and State amicus, November 9, 2021
New York response, November 10, 2021
20211110135007256_21A125 NY Br in Opposition
American Public Health Ass’n amicus, November 10, 2021
20211110205927191_2021.11.06 – Vaccine Mandates Public Health Scholars MOTION FINAL
Dr. A emergency application, November 12, 2021
20211112101633521_Dr. A v. Hochul – Emergency Application for Injunction FINAL
| Nov 12 2021 | Response to application (21A145) requested by Justice Sotomayor, due Tuesday, November 16, by 4 p.m. |
New York response, November 16, 2021
20211116150752855_21A145 Br in Opposition
Former federal employees amicus, November 16, 2021
20211116101737424_Dr. A. v. Hochul_Motion and Proposed Amici Brief
Dr. A reply, November 18, 2021
20211117092141384_Dr. A Reply Brief and Addendum FINAL
John Doe 1 amicus, November 18, 2021
20211118133504588_Brief – Amicus John Doe 1
Letter from applicants, November 23, 2021
20211123141039182_Dr. A Letter from Applicants 11.23.21 FINAL
Petition for panel rehearing and rehearing en banc, December 2, 2021
Former EEOC employees’ amicus supporting Dr. A, December 9, 2021
2C Dr A former EEOC ees amicus 12 9
Order, December 13, 2021
Gorsuch/Alito dissent, December 13, 2021
Plaintiffs’ letter to district court, December 13, 2021
Order denying rehearing en banc, January 11, 2021
Plaintiffs’ status report, January 18, 2022
Defendants’ status report, January 18, 2022
| 01/21/2022 | 39 | TEXT ORDER: In light of the filing of Status Reports [36, 37] and Mandate 38 , an on the record status conference is scheduled for 1/31/2022 at 1:00 p.m., via telephone conference, before Magistrate Judge Miroslav Lovric. The parties shall be prepared to discuss: (1) scheduling of the deadline for Defendants to file a response/motion to the complaint; and (2) scheduling of the Rule 16 Initial Conference, filing the Civil Case Management Plan, and exchange of Mandatory Disclosures. SO ORDERED by Magistrate Judge Miroslav Lovric on 1/21/2022.(jdp ) (Entered: 01/21/2022) |
Emergency TRO motion, January 30, 2022
| 01/31/2022 | 44 | TEXT ORDER: Upon review, plaintiffs’ #41 emergency motion for a temporary restraining order is DENIED. However, a response in opposition to plaintiffs’ request for a preliminary injunction shall be filed on or before Friday, February 11, 2022. Any reply is due on or before Friday, February 18, 2022. If either party desires oral argument, that request shall be made to the Court in writing on or before Wednesday, February 16, 2022. If either party intends to introduce testimony, it must provide advance written notice on or before Wednesday, February 16, 2022. Any oral argument and/or evidentiary hearing will be held in person in Utica, New York at a date to be determined. So Ordered by Judge David N. Hurd on 1/31/2022. (see) (Entered: 01/31/2022) |
NY opposition, February 11, 2022
Order denying TRO, February 23, 2022
Cert paperwork, No. 21-1143
Petition
20220214190128744_PetitionForAWritOfCertiorari
[amicus briefs supporting petition
Opposition
20220401191042626_21-1143 Brief in Opposition
Reply
20220405131554437_Dr. A Reply Brief FINAL
Cert denied, June 30, 2022
Notice of appeal, March 25, 2022
US motion to dismiss, April 29, 2022
US motion for stay, April 29, 2022
Plaintiffs’ opposition to motion to dismiss, June 3, 2022
US reply supporting motion to dismiss, June 24, 2022
Plaintiffs’ status report, and appendix, August 29, 2022
=======
Keil v. City of New York, No. 21A398
Application, February 8, 2022
| Feb 11 2022 | Application (21A398) denied by Justice Sotomayor. |
Application resubmitted to Justice Gorsuch, February 14, 2022
20220214123614425_21A398_Joint Gibson NMB Letter
| Feb 16 2022 | DISTRIBUTED for Conference of 3/4/2022. |
| Feb 16 2022 | Application (21A398) referred to the Court. |
Letter, March 3, 2022
20220303160732336_21A398 Supplemental Letter Brief
| Mar 07 2022 | Application (21A398) denied by the Court. |
=========
A challenge to the New Mexico mandate
Valdez v. Grisham, 21A253, December 16, 2021
20211216183528866_Supreme Court Emergency Application-1
| Dec 21 2021 | Application (21A253) denied by Justice Gorsuch. |
=======
The Houston Methodist Hospital vaccine case
Bridges v. Houston Methodist Hospital, ; No. 4:21-cv-1774 (S.D. Tex.)
Notice of removal, including state court complaint, June 1, 2021
Bridges notice of removal 6 1 21
Plaintiffs’ motion for TRO, June 4, 2021
Plaintiffs’ amended motion for TRO, June 4, 2021
Order denying TRO, June 4, 2021
Houston Memorial motion to dismiss, June 8, 2021
Houston Memorial motion to dismiss 6 8 21
Amended complaint, June 10, 2021
Bridges amended complaint 6 10
Opposition to motion to dismiss, June 10, 2021
Dismissal order, June 12, 2021
Bridges dismissal order 6 12 21
Notice of appeal, June 14, 2021
Fifth Circuit # 21-20311
Appellants’ opening brief, November 15, 2021
[Hosp brief due date extended to 1 14]
Appellees’ brief, January 28, 2022
5C Bridges appellee brief 1 28
Reply brief, March 4, 2022
Order, June 13, 2022
=====
The Indiana University vaccine case
Klaassen v. Trustees of Indiana University, No. 1:21-cv-238 (N.D. Ind., filed June 21, 2021)
Complaint
[]
Opinion and Order, July 18, 2021
Klaassen opinion and order denying pi
Seventh Circuit # 21-2326
Trial court order denying injunction pending appeal, July 21, 2021
Emergency motion for injunction pending appeal, July 23, 2021
7C Klaassen plit emergency mo ipa
Scheduling order, July 25, 2021
IU opposition to injunction pending appeal, July 27, 2021
Plaintiffs’ reply supporting injunction pending appeal, July 30, 2021
Seventh Circuit order denying injunction pending appeal, August 2, 2021
Supreme Court emergency motion for injunction, plus appendix, No. 21A15, filed August 6, 2021
20210806095541542_IU VAX SCOTUS writ of inj app FINAL
20210806095625645_IU Vax Appendix Final for Filing
Physicians for Informed Consent amicus, August 10, 2021
20210810123328658_PIC Amicus Brief for SCOTUS in Klaassen case — FINAL
| Aug 12 2021 | Application (21A15) denied by Justice Barrett. |
IU motion to dismiss appeal, August 27, 2021
Order requesting response, August 30, 2021
7C order requesting response 8 30
Plaintiffs’ opposition to dismissing appeal, September 8, 2021
Order denying motion to dismiss appeal, September 10, 2021
Plaintiffs’ motion to stay trial court proceedings, September 16, 2021
Klaassen reply brief, November 17, 2021
Order re appellees’ jurisdictional statement, November 17, 2021
7C order re jurisD statement 11 17
| 12/28/2021 | 41 | TEXT ORDER: IT IS ORDERED that counsel in this appeal shall present oral argument telephonically or by Zoom video communications. No attorneys will be present in the courtroom. The clerk’s office will contact counsel with further instructions. MOTIONS TO WAIVE ORAL ARGUMENT: Counsel may, not later than 14 days before the argument date, file a motion under Circuit Rule 34(e) to waive oral argument if the appeal can be resolved based on the briefs and record and the decisional process would not be significantly aided by oral argument. See FED. R. APP. P. 34(a). Counsel must first confer with opposing counsel before seeking a waiver of oral argument, and the motion must state whether the request is opposed or unopposed. Joint motions are preferred. [41] [7207718] [21-2326] (LJ) [Entered: 12/28/2021 03:30 PM] |
| 01/11/2022 | 47 | Case argued by Mr. James Bopp, Jr., Esq. for Appellants Ryan Klaassen, Jaime Carini, Ashlee Morris, D. J. B., Seth Crowder, Macey Policka, Margaret Roth and Natalie Sperazza and Mr. Brian James Paul for Appellee Trustees of Indiana University. [47] [7210302] [21-2326] (MLM) [Entered: 01/11/2022 12:01 PM] |
Order for supplemental briefing on mootness, January 12, 2022
Plaintiffs’ supplemental brief, January 20, 2022
Indiana supplemental brief, January 20, 2022
Dismissal opinion, January 25, 2022
Mandate, February 16, 2022
| 02/22/2022 | 55 | ORDER DISMISSING CASE: In accordance with the Court of Appeals’ order and instructions, this case is DISMISSED as moot. The court directs the clerk to enter judgment accordingly. Text-only order by Judge Damon R Leichty on 2/22/22. (dk) (Entered: 02/22/2022) |
=====
The Western Michigan athletics vaccine mandate religious exemption case
Dahl v. Board of Trustees of Western Michigan University, No. 1:21-cv-757 (W.D. Mich., filed August 30, 2021)
[]
TRO order, August 31, 2021
[]
Preliminary injunction, September 13, 2021
[]
Sixth Circuit # 21-2945
[]
Order denying stay, October 7, 2021
[]
Proposed consent judgment, November 15, 2021
=======
======
The New York City employee vaccine mandate case
[]
Maniscalco emergency application, No. 21A50, filed September 30, 2021
20210930135258574_Maniscalco v NYC Dept of Education – Emergency Application
| Oct 01 2021 | Application (21A50) denied by Justice Sotomayor. |
=====
The Maine vaccine case
Jane Does 1-1000 v. Mills, No. 1:21-cv-242 (D. Maine)
Complaint, August 25, 2021
TRO motion, August 25, 2021
State’s opposition to TRO, September 15, 2021
[Other oppositions]
Reply supporting TRO, September 17, 2021
[]
Order denying TRO and preliminary injunction, October 13, 2021
First Circuit # 21-1826
[]
Jane Does v. Mills, No. 21A83, filed October 15, 2021
20211015163843276_Petition – Writ of Injunction Pending Appeal
| Oct 19 2021 | Application (21A83) denied by Justice Breyer. The application is denied without prejudice to applicants filing a new application after the Court of Appeals issues a decision on the merits of the appeal, or if the Court of Appeals does not issue a decision by October 29, 2021. |
Opinion, October 19, 2021
Jane Does v. Mills, No. 21A90, filed October 20, 2021
20211020152710123_Application – Emergency Writ of Injunction Pending Cert FINAL
| Oct 20 2021 | Response to application (21A90) requested by Justice Breyer, due Monday, October 25, by noon. |
Religious organizations amicus, October 22, 2021
20211022094924850_AU et al amicus motion with brief — Does v Mills — PDFA
State respondents’ opposition, October 25, 2021
20211025114816246_Doe v. Mills SD Oppn to Application 10 25 21
Provider respondents’ opposition, October 25, 2021
Becket Fund amicus, October 25, 2021
20211025201136751_Does v. Mills amicus brief _ Final
Plaintiffs’ reply, October 27, 2021
20211027075415906_Reply – Support Injunction Pending Cert Petition
Public Health Organizations amicus, October 28, 2021
20211028141652778_2021.10.28 – Vaccine Mandates Public Health Scholars
Order, concurrence, dissent, October 29, 2021
Petition for certiorari, No. 21-717, November [], 2021
Media motion to intervene, November 10, 2021
Jane Does media interv mo 11 10
Petitioners’ motion to expedite, November 17, 2021
20211117133641192_Motion – Expedite Consideration of Cert Petition
Plaintiffs’ motion to stay trial court proceedings, November 19, 2021
Maine notice re vaccination rules, November 19, 2021
Does Maine notice re vaccination regs
Procedural order, November 19, 2021
Maine opposition to motion to expedite cert, November 22, 2021
20211122163343019_Doe v. Mills Oppn M. Expedite 11 22 21 FINAL
Maine request for extension of time, November 22, 2021
20211122163535347_Does v. Mills – Clerk extension request 11 22 21
Private respondents’ opposition to motion to expedite cert, November 23, 2021
20211123150616693_Response to Motion to Expedite
Private respondents’ request for extension of time, November 23, 2021
20211123150934644_2021-11-23 COR to Supreme Court
| Nov 24 2021 | The motions to extend the time to file responses are denied |
Reply supporting expediting, November 24, 2021
20211124162157685_Memo – Reply in Support of Motion to Expedite
Does opposition to media motion to intervene, December 3, 2021
Jane Does pltf op media interv 12 3
[Other responses]
Maine opposition to motion to stay trial court proceedings, December 3, 2021
[other defendants also opposed]
Does reply supporting stay of trial court proceedings, December 8, 2021
Does Maine Does reply sup stay 12 8
Media reply supporting intervention, December 8, 2021
[12/6] 21-717
DOES 1-3, JOHN, ET AL. V. MILLS, GOV. OF ME, ET AL.
The motion of petitioners to expedite consideration of the petition for a writ of certiorari is denied.
[Cert responses presumably still due 12/15/2021]
Provider respondents’ cert opposition, December 14, 2021
20211214143916878_Opposition to Petition for Writ of Certiorari
Maine cert opposition, December 14, 2021
20211214160556848_Doe v. Mills – State Respondents Brief in Opposition
Northern Light Health Foundation cert opposition, December 15, 2021
20211215093609749_21-717_Brief In Opposition
| Dec 29 2021 | DISTRIBUTED for Conference of 1/14/2022 |
Order allowing limited media intervention, December 30, 2021
Jane Does order allowing media intervention 12 30
Order denying stay of trial-level proceedings, January 4, 2022
Petitioners’ cert reply, January 11, 2022
20220111133035311_220107a Reply for efiling
| Jan 13 2022 | Rescheduled. |
| Jan 18 2022 | DISTRIBUTED for Conference of 1/21/2022. |
Motions to dismiss, February 14, 2022
[]
[]
Maine motion
Orders list, February 22, 2022
CERTIORARI DENIED
21-717 DOES 1-3, JOHN, ET AL. V. MILLS, GOV. OF ME, ET AL.
Does opposition to Maine motion to dismiss, March 22, 2022
Maine reply, April 12, 2022
Genesis reply, April 12, 2022
Northern Light reply, April 12, 2022
Order denying pseudonyms and unsealing identities, May 31, 2022
Does v Mills unseal order 5 31
| 06/02/2022 | 136 | USCA Case Number 22-1435 for 132 Notice of Appeal, filed by JOHN DOES 1-3, JOAN DOES 1-1000, JACK DOES 1-1000, JANE DOES 1-6. (bfa) (Entered: 06/02/2022) |
| 06/03/2022 | 137 | NOTICE OF VIDEO HEARING re: 107 MOTION to Dismiss/MOTION to Dismiss for Failure to State a Claim ; 108 MOTION to Dismiss for Failure to State a Claim & 109 MOTION to Dismiss for Failure to State a Claim/MOTION to Dismiss for Lack of Jurisdiction : Oral Argument set for 6/24/2022 at 2:00 PM before JUDGE JON D. LEVY. All participants have been provided with the video connection information. (mnd) (Entered: 06/03/2022) |
Plaintiffs’ motion to stay pending interlocutory appeal, June 7, 2022
John Does pltf mo stay pending appeal 6 7
Media intervenors’ stay opposition, June 8, 2022
John Does media intervenors stay op 6 8
Temporary stay and scheduling order, June 8, 2022
John Does temporary stay and briefing order 6 8
Defendants’ stay oppositions, June 13, 2022
[]
[]
[]
Plaintiffs’ stay reply, June 15, 2022
[]
Order denying stay pending appeal, June 17, 2022
John Does order on stay 6 17 22
Emergency motion for stay pending appeal, June 22, 2022
Order for response by 6/30, June 23, 2022
| 06/24/2022 | 146 | Minute Entry for proceedings held before JUDGE JON D. LEVY: Oral Argument held re 109 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by NIRAV D SHAH, JANET T MILLS, JEANNE M LAMBREW, 107 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim filed by GENESIS HEALTHCARE LLC, GENESIS HEALTHCARE OF MAINE LLC, MAINEHEALTH, MAINEGENERAL HEALTH, 108 MOTION to Dismiss for Failure to State a Claim filed by NORTHERN LIGHT EASTERN MAINE MEDICAL CENTER. Written Decision to issue. (Court Reporter: Lori Dunbar) (clp) (Entered: 06/24/2022) |
Order denying stay, July 7, 2022
Lowe first amended complaint, July 11, 2022
Lowe first amended complaint 7 11 22
Voluntary dismissal of 22-1435 appeal, July 13, 2022
Order on voluntary dismissal, July 14, 2022
Order granting motion to dismiss, August 18, 2022
Judgment, August 19, 2022
First Circuit # 22-1710
Opening brief, January 25, 2023
Genesis Health appellee brief, February 23, 2023
1C Genesis appellee br 2 23 23
Northern Light Eastern appellee brief, February 24, 2023
Maine appellee brief, February 24, 2023
Reply brief, March 30/31, 2023
| 05/04/2023 | CASE argued. Panel: Lara E. Montecalvo, Appellate Judge; Bruce M. Selya, Appellate Judge and Sandra L. Lynch, Appellate Judge. Arguing attorneys: Mathew D. Staver for Jennifer Barbalias, Garth Berenyi, Debra Chalmers, Nicole Giroux, Adam Jones, Alicia Lowe and Natalie Salavarria, and Kimberly Leehaug Patwardhan for Janet T. Mills, Jeanne Lambrew and Nancy Beardsley. Present but not delivering argument: Ryan P. Dumais for Northern Light Eastern Maine Medical Center, and James R. Erwin for MaineGeneral Health, Genesis Healthcare LLC, MaineHealth and Genesis Healthcare of Maine LLC [22-1710] (DJT) [Entered: 05/04/2023 10:29 AM] |
Assented to motion to submit Title VII claims on briefs, April 26, 2023
[]
Order re Title VII claims, April 27, 2023
[]
Plaintiffs’ additional authority Bosarge v. Edney, April 27, 2023
Click to access 1c-doe-v-mills-2-pltf-addl-auth-bosarge.pdf
Maine response re Borsarge, April 28, 2023
[]
| 05/04/2023 | CASE argued. Panel: Lara E. Montecalvo, Appellate Judge; Bruce M. Selya, Appellate Judge and Sandra L. Lynch, Appellate Judge. Arguing attorneys: Mathew D. Staver for Jennifer Barbalias, Garth Berenyi, Debra Chalmers, Nicole Giroux, Adam Jones, Alicia Lowe and Natalie Salavarria, and Kimberly Leehaug Patwardhan for Janet T. Mills, Jeanne Lambrew and Nancy Beardsley. Present but not delivering argument: Ryan P. Dumais for Northern Light Eastern Maine Medical Center, and James R. Erwin for MaineGeneral Health, Genesis Healthcare LLC, MaineHealth and Genesis Healthcare of Maine LLC [22-1710] (DJT) [Entered: 05/04/2023 10:29 AM] |
Opinion, May 25, 2023
Click to access 1c-lowe-opinion-5-25-23.pdf
======
A Montana case about the Montana statute prohibiting vaccination mandates
Montana Medical Ass’n v. Knudsen, No. 9:21-cv-108 (D. Mont., filed Sept. 22, 2021)
Complaint
Montana Medical Assn v Knudsen complaint
Motion to dismiss, and memo, October 21, 2021
| 10/25/2021 | 9 | TEXT ORDER re 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Laurie Esau, Austin Knudsen: IT IS ORDERED there will be an abbreviated briefing schedule for this motion as follows: Responses due by 11/1/2021. Replies due by 11/8/2021. Signed by Judge Donald W. Molloy on 10/25/2021. (dle) (Entered: 10/25/2021) |
Montana Nurses Ass’n motion to intervene as plaintiff, and memo, October 29, 2021
MMA Mont Montana Nurses interv mo
MMA Mont Montana Nurses interv ms
Plaintiffs’ opposition to motion to dismiss, November 1, 2021
First amended complaint, November 1, 2021
| 11/02/2021 | 15 | ORDER re 14 Amended Complaint: A response to the First Amended Complaint is due on or before 11/10/2021. If a second motion to dismiss is filed, Plaintiffs shall have until 11/17/2021 to respond and Defendants will have until 11/24/2021 to file a reply, if any. 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Laurie Esau, Austin Knudsen is DENIED as MOOT. Signed by Judge Donald W. Molloy on 11/2/2021. (dle) (Entered: 11/02/2021) |
Defendants’ motion, memo, and affidavits supporting extension of time to respond, November 3, 2021
Order denying motion for extension of time, November 4, 2021
Motion to dismiss amended complaint, and memo, November 10, 2021
Montana opposition to motion to intervene, November 12, 2021
Plaintiffs’ opposition to motion to dismiss amended complaint, November 17, 2021
Montana Nurses Ass’n reply supporting intervention, November 23, 2021
Montana reply supporting second motion to dismiss, November 24, 2021
Mont reply supporting 2d m dism 11 24
Order allowing Montana Nurses Ass’n intervention, November 30, 2021
Order allowing Mont Nurses interv 11 30
Defendants’ supplemental authority (MO and LA CMS cases), November 30, 2021
Scheduling order, December 29, 2021
Motion to dismiss Nurses’ complaint, and memo, January 5, 2022
Montana Nurses Ass’n opposition to motion to dismiss, January 14, 2022
[]
[]
MMA motion for preliminary injunction, memo, exhibits, February 16, 2022
Order for hearing 3/3
Notice re possible consolidation of issues, March 2, 2022
State objection re consolidation, March 2, 2022
State opposition to preliminary injunction, March 2, 2022
| 03/03/2022 | 52 | MINUTE ENTRY for proceedings held before Judge Donald W. Molloy: Motion Hearing held on 3/3/2022 re 42 Joint MOTION for Preliminary Injunction filed by Plaintiffs and Plaintiff-Intervenor. Counsel Justin Cole and Kathryn Mahe appearing on behalf of plaintiffs. Counsel Raphael Graybill appearing on behalf of intervenor-plaintiff. Counsel Christian Corrigan and David Dewhirst appearing on behalf of defendants. Parties provide argument. Written order forthcoming. Hearing commenced at 2:02 p.m. and concluded at 2:51 p.m. (Court Reporter: JoAnn Corson) (Law Clerk: T. Nickols) (Hearing held in Missoula) (NOS) (Entered: 03/03/2022) |
Order on preliminary injunction, March 18, 2022
State motion to clarify injunction, memo, exhibit, motion to expedite, April 11, 2022
State withdrawal of motion to expedite, April 12, 2022
Order denying clarification motion as moot, April 14, 2022
State preliminary pretrial statement, May 12, 2022
MMA State prelim pretrial 5 12
Plaintiffs’ preliminary pretrial statement, May 12, 2022
[]
Scheduling order, May 20, 2022
Montana Medical Ass’n summary judgment motion, memo, statement of facts, August 26, 2022
Montana Nurses Ass’n summary judgment motion, memo, August 26, 2022
[Appendices too bulky to upload]
State motion for partial summary judgment, memo, statement of undisputed facts, appendix, August 26, 2022
Mont psj statement undisp 8 26
Plaintiffs’ motion in limine, memo in support (expert rebuttal), August 31, 2022
Defendants’ motion in limine and memo (Wilson), September 2, 2022
Defendants’ motion in limine and memo (Stephens), September 2, 2022
Defendants’ motion in limine and memo (King), September 2, 2022
Defendants’ motion in limine and memo (Taylor), September 2, 2022
Defendants’ motion in limine and memo (Holzman), September 2, 2022
Defendants’ motion in limine and memo (Byrd), September 2, 2022
Defendants’ motion in limine and memo (30(b)(6)), September 2, 2022
Defendants’ motion in limine and memo (Fifth Amendment), September 2, 2022
[Motion practice, 9/14, 9/16]
State’s response to motion in limine, affidavits, September 14, 2022
Plaintiffs’ opposition to motions in limine, September 16, 2022
Plaintiffs’ summary judgment opposition, with statement of disputed facts, September 16, 2022
Second Mahe declaration
Second Carpenter declaration
W. Page declaration
D. Page declaration
Smith declaration
Second Bodlovic declaration
+
MNA response to motions in limine, September 16, 2022
State’s summary judgment responses, September 16, 2022
MMA
MNA
Mead declaration
Corrigan affidavit
Statement of disputed facts
MMA reply re motion in limine, September 27, 2022
Replies, September 30, 2022
Montana limine reply
Montana summary judgment reply re intervenor, September 30, 2022
MT sj reply to intervenor 9 30
Montana summary judgment reply re MMA, September 30, 2022
MMA summary judgment reply, September 30, 2022
Montana Nurses Ass’n summary judgment reply, September 30, 2022
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Order granting plaintiffs’ motion in limine, October 12, 2022
MMA order granting expert limit mo 10 12
Order denying most of defendants’ motions in limine, October 18, 2022
MMA order re pltf experts 10 18
| 10/21/2022 | 152 | TEXT ORDER: The Final Pretrial Conference will be on the record in the courtroom starting at 9:00 a.m. on October 24, 2022. The Court will admit into evidence every previously identified will use exhibit to which there is no objection. IT IS FURTHER ORDERED that the pending motions for summary judgment, re 91 MOTION for Partial Summary Judgment filed by Laurie Esau, Austin Knudsen, 81 MOTION for Summary Judgment filed by Five Valleys Urology, PLLC, Western Montana Clinic, PC, Providence Health & Services – Montana, Pat Appleby, Montana Medical Association, Mark Carpenter, Diana Jo Page, Wallace L. Page, Cheyenne Smith, 84 MOTION for Summary Judgment filed by Montana Nurses Association, are taken under advisement. (No documents attached.) Signed by Judge Donald W. Molloy on 10/21/2022. (SFS) (Entered: 10/21/2022) |
| 10/24/2022 | 154 | MINUTE ENTRY for proceedings held before Judge Donald W. Molloy: Final Pretrial Conference and Bench Trial (day 1) held on 10/24/2022. Counsel Katie Mahe and Justin Cole present on behalf of Plaintiffs. Counsel Raph Graybill present on behalf of Plaintiff-Intervenor. Counsel Brent Mead and Michael Russell present on behalf of Defendants. Final pretrial conference held in courtroom. Final pretrial order signed by the Court and counsel. Exhibits listed on exhibit list without object are admitted; written order with admitted exhibits forthcoming. Sworn affidavit testimony and expert reports will be admitted. The Court reviews trial procedures. Manner and mode of examination is controlled by Rule 611, 403, and 102. Rule 615 not invoked. 15 minutes per side for opening statements. Plaintiffs’ foundation objection to Defendants’ exhibit 200 is waived. Bench trial begins. Counsel Graybill makes joint opening statement for Plaintiffs and Plaintiff-Intervenor. Counsel Mead makes opening statement on behalf of Defendants. Plaintiffs call witness Dr. David King; Dr. King’s expert report submitted in lieu of direct testimony; sworn testimony provided for cross-examination. Following noon break, Plaintiffs call witness Mark Carpenter; sworn testimony provided. Plaintiffs call witnesses Dr. David Taylor, followed by Dr. Lauren Wilson, expert reports submitted for both in lieu of direct testimony; sworn testimony provided for cross-examinations. Parties submit expert reports of Dr. Duriseti and Dr. Bhattacharya as direct testimony with cross-examination not expected; no objection. Plaintiffs call Dr. Gregory Holzman. Defendants object to Dr. Holzman’s testimony as cumulative; overruled. Dr. Holzman’s expert report submitted in lieu of direct testimony; sworn testimony provided for cross-examination, redirect. Testimony ends for the day. Parties review witness lists. Day 2 of bench trial to begin at 8:45 a.m. on 10/25/22. Hearing commenced at 8:58 a.m. and concluded at 4:53 p.m. (Court Reporter: JoAnn Corson) (Law Clerk: N. Goldberg-Jaffe) (Hearing held in Missoula) (NOS) (Entered: 10/24/2022) |
| 10/25/2022 | 156 | MINUTE ENTRY for proceedings held before Judge Donald W. Molloy: Bench Trial (day 2) held on 10/25/2022. Counsel Katie Mahe and Justin Cole present on behalf of Plaintiffs. Counsel Raph Graybill present on behalf of Plaintiff-Intervenor. Counsel Brent Mead, Michael Russell, and Christian Corrigan present on behalf of Defendants. Plaintiffs call witnesses Wallace Page and Diana Joe Page via Zoom; sworn testimony provided. Plaintiffs call Dr. Bonnie Stephens, expert report submitted in lieu of direct testimony; sworn testimony provided for cross-examination. Plaintiffs call witnesses Meghan Morris, Vicky Byrd, Kirk Bodlovic, Marieke Beck, and John O’Connor; sworn testimony provided. Following afternoon break, parties advise that live testimony is complete. Parties stipulate to the submission of Carter Anderson’s declaration and deposition designations of Mr. Anderson, John Elizandro, and Derek Oestreicher (see attached). The parties further stipulate to the admission of exhibits 36 and 37. Exhibits 49, 50, 228, and 229 admitted in conjunction with deposition designations. Each side allowed 45 minutes for closing arguments. Trial to resume at 9:00 a.m. on October 25, 2022. Hearing commenced at 8:45 a.m. and concluded at 3:06 p.m. (Exhibits 75, 76, 77, 80, 121, 125, 200, 216, 217, 218, 220, 222, 225 admitted without objection.) (Court Reporter: JoAnn Corson) (Law Clerk: N. Goldberg-Jaffe) (Hearing held in Missoula) (Attachment(s): # 1 Anderson Deposition Designation, # 2 Defendants’ Anderson Deposition Designation, # 3 Elizandro Deposition Designation, # 4 Oestreicher Deposition Designation) (Modified to updated admitted exhibits; NEF regenerated.) (NOS) (Entered: 10/25/2022) |
| 10/26/2022 | 157 | MINUTE ENTRY for proceedings held before Judge Donald W. Molloy: Bench Trial (day 3) held on 10/26/2022. Counsel Katie Mahe and Justin Cole present on behalf of Plaintiffs. Counsel Raph Graybill present on behalf of Plaintiff-Intervenor. Counsel Brent Mead, Michael Russell, and Christian Corrigan present on behalf of Defendants. Closing arguments made by Counsel Cole and Counsel Mead. The preliminary injunction remains in place pending findings by the Court. Hearing commenced at 9:00 a.m. and concluded at 10:22 a.m. (Court Reporter: JoAnn Corson) (Law Clerk: N. Goldberg-Jaffe) (Hearing held in Missoula) (NOS) (Entered: 10/26/2022) |
Findings/conclusions and orders, December 9, 2022
Clerk’s judgment, December 9, 2022
Notice of appeal, January 5, 2023
Ninth Circuit # 23-35014
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A South Carolina vaccine mandate case
Bauer v. Summey, No. 2:21-cv-2952 (D. S.C.); Gdovecak v. Tecklenburg, No. 2:21-cv-3137 (D. S.C.); Tucker v. Johnson, No. 2:21-cv-3178 (D. S.C.); Herndon v. Walz, No. 2:21-cv-3192 (D. S.C.)
[]
Order, October 21, 2021
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A Washington State vaccine mandate case
Wise v. Inslee, No. 2:21-cv-288 (E.D. Wash.)
[]
Order, October 25, 2021
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A case between parents about vaccines
Burch v. Lipscomb, NO. 2021-CA-0614-ME (Ky. App., Nov. 19, 2021)
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A San Diego schools vaccine mandate case
Doe v. San Diego Unified School Dist., No. 3:21-cv-1809 (S.D. Cal., filed October 22, 2021)
Order denying TRO, November 18, 2021
[]
Ninth Circuit # 21-56259
[]
Appellate stay, November 28, 2021
[]
Students’ opening brief, February 17, 2021
21A217
Application for injunction, December 10, 2021
20211210134036030_Doe v. SDUSD emergency application–FINAL
| Dec 10 2021 | Response to application (21A217) requested by Justice Kagan, due Thursday, December 16, 2021, by 3 p.m. |
San Diego response, December 16, 2021
20211216145043324_SDUSD – Doe – Opposition to Emergency Application
Doe reply, December 17, 2021
20211217115710609_Doe v. SDUSD Reply Brief FINAL
Letter from applicants, December 23, 2021
20211223095253350_Doe v. SDUSD 12-23-2021 Letter FINAL
Letter from respondents, December 26, 2021
20211226193432142_Ltr Responding to Applicant Ltr 12262021
Letter from applicants, January 4, 2022
20220104160630573_2022-01-04_Applicant Letter to Supreme Court
Opinion, January 14, 2022
Letter from applicants, January 14, 2022
20220114155336736_2022-01-14 Applicant Letter to Supreme Court
Letter from applicants, February 11, 2022
20220211203119767_2022-02-11 Applicant Letter to Supreme Court
Students’ opening brief, February 17, 2022
Order, February 18, 2022
San Diego motion to dismiss appeal, March 16, 2022
Partial opposition to dismissing appeal, March 24, 2022
9C pltf partial op to mo dism 3 24
Reply supporting dismissal, March 31, 2022
Order dismissing appeal as moot and refusing to vacate opinions, April 21, 2022
First amended complaint, April 29, 2022
Plaintiffs’ motion for preliminary injunction, May 11, 2022
US answer, May 13, 2022
US opposition to preliminary injunction, June 1, 2022
Reply supporting preliminary injunction, June 8, 2022
San Diego evidence objections, June 13, 2022
Plaintiffs’ response to objections, June 14, 2022
Doe v SD pltf response obj 6 14
[Hearing, 6/15?]
Order denying preliminary injunction, June 21, 2022
Does v San Diego order denying PI 6 21
[motions to proceed pseudonymously]
Order, judgment, November 16, 2022
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A D.C. case about vaccinations for minors
Booth v. Bowser, No. 1:21-cv-1857 (D. D.C., filed July 12, 2021)
Complaint
[]
Motion for preliminary injunction, December 14, 2021
Opposition to preliminary injunction/motion to dismiss, January 14, 2022
Booth v Bowser def ms dism pi op 1 14 22
Reply supporting preliminary injunction/opposition to dismissal, January 28, 2022
Booth v Bowser pltf dism op PI reply
Reply supporting motion to dismiss, February 4, 2022
Booth v Bowser def dism reply 2 4
Opinion, March 18, 2022
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An Illinois hospital vaccine mandate case
Doe 1 v. Northshore University Healthsystem, No. 1:21-cv-5683 (N.D. Ill., filed Oct. 25, 2021)
[]
Order denying preliminary injunction, November 30, 2021
Doe 1 v Northshore PI denial 11 30
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EEOC guidance on vaccine mandates, October 25, 2021
EEOC vaccine guidance 10 25 21
EEOC guidance on religious discrimination, January 15, 2021
EEOC religious discrimination guidance 1 15 21
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A California prison guards vaccine mandate case
Plata v. Newsom, No. 4:01-cv-1351 (N.D. Cal.)
[]
Order re mandatory vaccinations, September 27, 2021
Plata v. Newsom order re mandatory vac 9 27
[]
Ninth Circuit # 21-16696
[]
Order setting deadline for mandatory vaccinations, October 27, 2021
Plata v. Newsom Order Setting D 10 27
[]
Order denying stay pending appeal, November 17, 2021
Plata v. Newsom order denying stay pending appeal 11 17
Defendants’ emergency motion for stay, November 17, 2021
9C def emergency stay mo 11 17
Plaintiffs’ request for additional time to respond, November 19, 2021
9C pltf rq addl time respond 11 19
Clerk’s order denying extension and setting schedule, November 19, 2021
Receiver’s response to emergency motion for stay, November 23, 2021
Plaintiffs’ response to emergency motion for stay, November 23, 2021
California reply supporting stay, November 26, 2021
Ninth Circuit stay order, November 26, 2021
California opening brief, December 13, 2021
Plaintiffs’ brief, January 13, 2022
Appellants’ reply brief, February 3, 2022
| 03/15/2022 | 67 | ARGUED AND SUBMITTED TO MORGAN B. CHRISTEN, DANIEL A. BRESS and GARY FEINERMAN. [12395041] [21-16696, 21-16816] (WWP) [Entered: 03/15/2022 11:18 AM] |
Kelso letter responding to oral argument question, March 22, 2022
9C Plata Kelso letter responding to oral argument q 3 22
State letter responding to Kelso letter, April 8, 2022
Order vacating lower court orders, April 25, 2022
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Alaska Administrative Order 325, November 2, 2021
11.02.21-Administrative-Order-325-Rejecting-Federal-Overreach
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The United Airlines mandatory vaccination religious exemption case
Sambrano v. United Airlines, No. 4:21-cv-1074 (N.D. Tex.), No. 21-11159 (5th Cir.)
Opinion, November 8, 2021
Order denying motion for limited reconsideration, November 19, 2021
Sambrano order denying recon 11 19
Order denying stay pending appeal, November 23, 2021
Sambrano order denying stay pending appeal 11 23
[]
Fifth Circuit order denying stay pending appeal, December 13, 2021
| 12/15/2021 | CASE CALENDARED for oral argument on Monday, 01/03/2022 at 5:00 p.m. in New Orleans in the En Banc Courtroom — PM session. In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court’s docket and an acknowledgment form. All other counsel of record should monitor the court’s website for the posting of the oral argument calendars.. [21-11159] (SME) [Entered: 12/15/2021 09:06 AM] |
Briefing notice, 12/15
• Appellants’ brief is due on 12/20/2021, 5:00 p.m.
• Appellee’s brief is due on 12/27/2021, 5:00 p.m.
• Appellants’ reply brief is due on 12/30/2021, 5:00 p.m.
Oral argument: 1/3/22, 5 pm
Sambrano petition for initial hearing en banc, December 17, 2021
Sambrano opening brief, December 20, 2021
United appellee brief, December 27, 2021
Sambrano reply brief, December 30, 2021
| 01/03/2022 | ORAL ARGUMENT HEARD before Judges Smith, Elrod, Oldham. Arguing Person Information Updated for: Hashim M. Mooppan arguing for Appellee Incorporated United Airlines; Arguing Person Information Updated for: Gene C. Schaerr arguing for Appellant David Castillo, Appellant Kimberly Hamilton, Appellant Debra Jennefer Thal Jonas, Appellant Genise Kincannon, Appellant David Sambrano [21-11159] (SME) [Entered: 01/03/2022 04:39 PM] |
Opinion, February 17, 2022
Fifth Circuit judgment, February 17, 2022
Sambrano TRO motion, February 17, 2022
United TRO opposition, and appendix, February 18, 2022
Sambrano TRO UAL response 2 18
Sambrano TRO UAL appendix 2 18
Sambrano reply, February 21, 2022
Sambrano motion for immediate issuance of mandate, February 21, 2022
5C Sambrano pltf mo immediate mandate 2 21
United opposition to immediate issuance of mandate, February 22, 2022
5C Sambrano UAL op imm mandate 2 22
Sambrano reply supporting immediate issuance of mandate, February 23, 2022
5C Sambrano pltf reply imm mandate 2 23
United petition for rehearing en banc, February 25, 2022
Order requesting response to rehearing en banc by 3/7, February 25, 2022
5C Sambrano order for rheb resp 2 25
Order denying immediate issuance of mandate, February 25, 2022
5C Sambrano order refusing to issue mandate 2 25
Opposition to rehearing en banc, March 7, 2022
5C Sambrano Sambrano rheb op 3 7
United Airlines request to dismiss appeal as moot, March 10, 2022
5C Sambrano UA mo dism as moot 3 10
Order for response by 3/17, March 10, 2022
5C Sambrano court request response 3 10
American Ass’n of Physicians and Surgeons amicus, March 17, 2022
Sambrano opposition to dismissal, March 17, 2022
UAL reply, March 18, 2022
5C Sambrano UAL reply supporting dism 3 18
Sambrano supplemental brief, April 7, 2022
United supplemental brief, April 14, 2022
Sambrano motion for leave to file supplemental brief, and brief, April 20, 2022
5C Sambrano Sambrano supp 4 20
Sambrano reply, April 22, 2022
5C Sambrano Sambrano reply 4 22
Order for supplemental briefing, June 21, 2022
5C Sambrano order supp br 6 21
Sambrano supplemental brief, July 1, 2022
UAL supplemental brief, July 1, 2022
Order denying panel rehearing and announcing no en banc, with dissents, August 18, 2022
Scheduling order, August 22, 2022
Order, and amended order, on pending motions, September 16, 2022
| 11/04/2022 | 151 | ORDER: The Court ORDERS the parties to file a joint status report no later than Wednesday, November 9, 2022, informing it of the current status of this case and a proposed path toward the timely resolution of this case. (Ordered by Judge Mark Pittman on 11/4/2022) (bdb) (Entered: 11/04/2022) |
Joint status report, November 9, 2022
Second amended complaint, February 9, 2023
Sambrano second amended complaint 2 9 23
Meet-and-confer order, February 9, 2023
Sambrano meet and confer order 2 9 23
Motion to dismiss, with appendix, March 13, 2023
Sambrano dism appendix 3 13 23
Discovery schedule, March 27, 2023
Sambrano discovery schedule 3 27 23
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The Smucker case
Ciraci v. J.M. Smucker Co., No. 5:21-cv-2347 (N.D. Ohio, filed Dec. 15, 2021)
[]
Sixth Circuit # 22-3462
[]
Opinion, March 14, 2023
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Woodruff v. Caris, No. 3:21-cv-2993 (N.D. Tex.)
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District court decision denying injunction, December 3, 2021