Norwegian Cruise Line Holdings Ltd et al v. Rivkees, M.D. (1:21-cv-22492)

Docket

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Norwegian Cruise Line Holdings Ltd et al v. Rivkees, M.D.
Assigned to: Judge Kathleen M. Williams
Cause: 42:1983 Civil Rights Act
Date Filed: 07/13/2021
Jury Demand: Plaintiff
Nature of Suit: 950 Constitutional - State Statute
Jurisdiction: Federal Question
Plaintiff
Norwegian Cruise Line Holdings Ltd
a Bermuda Company		 represented by Olga M. Vieira
Quinn Emanuel Urquhart & Sullivan, LLP
2525 Ponce de Leon Blvd., 9th Floor
Coral Gables, FL 33134
561-213-5635
Email: olgavieira@quinnemanuel.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John F. O'Sullivan
Quinn Emanuel
2601 South Bayshore Drive, Suite 1550
Miami, FL 33133
305-439-5008
Email: johnosullivan@quinnemanuel.com
ATTORNEY TO BE NOTICED

Derek L. Shaffer
Quinn Emanuel Urquhart & Sullivan, LLP
1300 I St NW, 9th Floor
Washington, DC 20001-3706
202-538-8000
ATTORNEY TO BE NOTICED
PRO HAC VICE

Jonathan G. Cooper
Quinn Emanuel Urquhart & Sullivan, LLP
1300 I St NW, 9th Floor
Washington, DC 20001-3706
ATTORNEY TO BE NOTICED
PRO HAC VICE
Plaintiff
NCL (Bahamas) Ltd.
a Bermuda Company
agent of
Norwegian Cruise Line		 represented by Olga M. Vieira
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John F. O'Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

Derek L. Shaffer
(See above for address)
ATTORNEY TO BE NOTICED
PRO HAC VICE

Jonathan G. Cooper
(See above for address)
ATTORNEY TO BE NOTICED
PRO HAC VICE
Plaintiff
Seven Seas Cruises S. DE R.L. LLC
doing business as
REGENT SEVEN SEAS CRUISES		 represented by Olga M. Vieira
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John F. O'Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

Derek L. Shaffer
(See above for address)
ATTORNEY TO BE NOTICED
PRO HAC VICE

Jonathan G. Cooper
(See above for address)
ATTORNEY TO BE NOTICED
PRO HAC VICE
Plaintiff
Oceania Cruises S. De R.L.
doing business as
OCEANIA CRUISES		 represented by Olga M. Vieira
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John F. O'Sullivan
(See above for address)
ATTORNEY TO BE NOTICED

Derek L. Shaffer
(See above for address)
ATTORNEY TO BE NOTICED
PRO HAC VICE

Jonathan G. Cooper
(See above for address)
ATTORNEY TO BE NOTICED
PRO HAC VICE

V.
Defendant
Scott Rivkees, M.D.
State Surgeon General and Head of the Florida Department of Health, in
his official capacity		 represented by Charles J. Cooper
Cooper & Kirk, PLLC
1523 New Hampshire Avenue, NW
Washington, DC 20036
202-220-9600
Email: ccooper@cooperkirk.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

Joseph O'Meara Masterman
Cooper and Kirk
1523 New Hampshire Ave NW
Washington, DC, DC 20036
(202) 220-9600
Fax: (202) 220-9601
Email: jmasterman@cooperkirk.com
ATTORNEY TO BE NOTICED

Nicholas A. Varone
Cooper & Kirk, PLLC
1523 New Hampshire Avenue, N.W.
Washington, DC 20036
(202) 220-9600
Email: nvarone@cooperkirk.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

Peter A. Patterson
Cooper & Kirk, PLLC
1523 New Hampshire Avenue, N.W.
Washington, DC 20036
202-220-9600
Email: ppatterson@cooperkirk.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

Raymond Frederick Treadwell
Executive Office of the Governor
Office of the General Counsel
400 South Monroe Street
The Capitol
Suite 209
Tallahassee, FL 32399
850-717-9310
Fax: 850-488-9810
Email: ray.treadwell@eog.myflorida.com
ATTORNEY TO BE NOTICED

Note that only some documents have been obtained and are available here. Links identified with go to PACER where an account is required to download and view them, for which there can be charges.

Date Filed # Docket Text
07/13/2021 1 COMPLAINT for Declaratory Relief and Preliminary and Permanent Injunctive Relief (Jury Trial Requested) against All Plaintiffs. Filing fees $ 402.00 receipt number AFLSDC-14839931, filed by SEVEN SEAS CRUISES S. DE R.L, Norwegian Cruise Line Holdings Ltd, NCL (Bahamas) Ltd., OCEANIA CRUISES S. DE R.L. d/b/a OCEANIA CRUISES, a foreign corporation.

1 Civil Cover Sheet Civil Cover Sheet 2 pages

(O'Sullivan, John) (Entered: 07/13/2021)
07/13/2021 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams.

Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent.

Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website.
(ebz) (Entered: 07/13/2021)
07/13/2021 3 Plaintiff's MOTION for Preliminary Injunction / Plaintiffs' Expedited Motion for a Preliminary Injunction and Incorporated Memorandum of Law by NCL (Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, OCEANIA CRUISES S. DE R.L., SEVEN SEAS CRUISES S. DE R.L.

1 Affidavit Declaration of Frank Del Rio 25 pages
2 Affidavit Declaration of Olga Vieira 34 pages
3 Affidavit Declaration of Dr. Jukka Laitamaki 14 pages
4 Affidavit Declaration of Dr. Stephen Ostroff 103 pages

(O'Sullivan, John) (Entered: 07/13/2021)
07/13/2021 4 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Derek L. Shaffer. Filing Fee $ 200.00 Receipt # AFLSDC-14841178 by NCL (Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, OCEANIA CRUISES S. DE R.L., SEVEN SEAS CRUISES S. DE R.L. Responses due by 7/27/2021

1 Certification Certification of Derek L. Shaffer 1 page
2 Text of Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice - Derek L. Shaffer 2 pages

(O'Sullivan, John) (Entered: 07/13/2021)
07/13/2021 5 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jonathan G. Cooper. Filing Fee $ 200.00 Receipt # AFLSDC-14841234 by NCL (Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, OCEANIA CRUISES S. DE R.L., SEVEN SEAS CRUISES S. DE R.L. Responses due by 7/27/2021

1 Certification Certification of Jonathan G. Cooper 1 page
2 Text of Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice - Jonathan G. Cooper 2 pages

(O'Sullivan, John) (Entered: 07/13/2021)
07/13/2021 6 NOTICE of Filing Proposed Summons(es) / Summons in Civil Action to Defendant Dr. Scott Rivkees by NCL (Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, OCEANIA CRUISES S. DE R.L., SEVEN SEAS CRUISES S. DE R.L re 1 Complaint, filed by Norwegian Cruise Line Holdings Ltd, SEVEN SEAS CRUISES S. DE R.L, OCEANIA CRUISES S. DE R.L., NCL (Bahamas) Ltd.
(O'Sullivan, John) (Entered: 07/13/2021)
07/13/2021 7 Summons Issued as to Scott Rivkees, M.D..
(ebz) (Entered: 07/13/2021)
07/13/2021 8 Plaintiff's Corporate Disclosure Statement / Plaintiffs' Rule 7.1 Corporate Disclosure Statement by NCL (Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, Oceania Cruises S. De R.L., Seven Seas Cruises S. DE R.L. LLC identifying Other Affiliate Regent Seven Seas Cruises, Other Affiliate Classic Cruises, LLC, Other Affiliate Classic Cruises II, LLC for Seven Seas Cruises S. DE R.L. LLC; Other Affiliate Prestige Cruises International S. de R.L., Other Affiliate Prestige Cruise Holdings S. de R.L. for Oceania Cruises S. De R.L.; Other Affiliate Arrasas Limited, Other Affiliate NCL International, Ltd, Other Affiliate NCL CORPORATION LTD. for NCL (Bahamas) Ltd.
(O'Sullivan, John) (Entered: 07/13/2021)
07/13/2021 9 Clerks Notice to Filer re 8 Certificate of Other Affiliates/Corporate Disclosure Statement,,. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet.
(ebz) (Entered: 07/14/2021)
07/14/2021 10 SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Seven Seas Cruises S. DE R.L. LLC, Norwegian Cruise Line Holdings Ltd, NCL (Bahamas) Ltd., Oceania Cruises S. De R.L.. Scott Rivkees, M.D. served on 7/14/2021, answer due 8/4/2021.

1 Exhibit 1 Return of Service 3 pages

(O'Sullivan, John) (Entered: 07/14/2021)
07/14/2021 11 MOTION Plaintiffs' Motion for Status Conference Regarding Schedule on Expedited Motion for a Preliminary Injunction re 3 Plaintiff's MOTION for Preliminary Injunction / Plaintiffs' Expedited Motion for a Preliminary Injunction and Incorporated Memorandum of Law, MOTION for Hearing by NCL (Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, Oceania Cruises S. De R.L., Seven Seas Cruises S. DE R.L. LLC.

1 Exhibit 1 Email Chain 9 pages
2 Exhibit 2 Email Chain 10 pages

(O'Sullivan, John) (Entered: 07/14/2021)
07/15/2021 12 ORDER SETTING BRIEFING SCHEDULE re 3 Plaintiff's MOTION for Preliminary Injunction / Plaintiffs' Expedited Motion for a Preliminary Injunction and Incorporated Memorandum of Law: (Motion Hearing set for 8/6/2021 at 10:00 AM before Judge Kathleen M. Williams.) Signed by Judge Kathleen M. Williams on 7/14/2021. See attached document for full details.
(ail) (Entered: 07/15/2021)
07/14/2021 13 ORDER OF REFERRAL AND NOTICE OF COURT PRACTICES AND PROCEDURES. Magistrate Judge Chris M. McAliley for Discovery Matters. Signed by Judge Kathleen M. Williams on 7/14/2021. See attached document for full details.
(ebz) (Entered: 07/15/2021)
07/15/2021 14 NOTICE of Compliance With Court Order [D.E. 12] and Notice of Filing Return of Service by NCL (Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, Oceania Cruises S. De R.L., Seven Seas Cruises S. DE R.L. LLC re 12 Order, Order Setting Hearing on Motion.

1 Exhibit 1 Return of Service 4 pages

(O'Sullivan, John) (Entered: 07/15/2021)
07/15/2021 15 NOTICE of Attorney Appearance by Raymond Frederick Treadwell on behalf of Scott Rivkees, M.D.. Attorney Raymond Frederick Treadwell added to party Scott Rivkees, M.D.(pty:dft).
(Treadwell, Raymond) (Entered: 07/15/2021)
07/15/2021 16 Defendant's EXPEDITED MOTION For Extension of Time to Respond re 3 Plaintiff's MOTION for Preliminary Injunction / Plaintiffs' Expedited Motion for a Preliminary Injunction and Incorporated Memorandum of Law by Scott Rivkees, M.D..

1 Exhibit A 4 pages
2 Exhibit B 17 pages
3 Exhibit C 2 pages
4 Exhibit D 162 pages
5 Text of Proposed Order 2 pages

(Treadwell, Raymond) (Entered: 07/15/2021)
07/16/2021 17 RESPONSE in Opposition re 16 Defendant's EXPEDITED MOTION For Extension of Time to Respond re 3 Plaintiff's MOTION for Preliminary Injunction / Plaintiffs' Expedited Motion for a Preliminary Injunction and Incorporated Memorandum of Law filed by NCL (Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, Oceania Cruises S. De R.L., Seven Seas Cruises S. DE R.L. LLC. Replies due by 7/23/2021.
(O'Sullivan, John) (Entered: 07/16/2021)
07/16/2021 18 ORDER granting 4 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Derek L. Shaffer. Signed by Magistrate Judge Chris M. McAliley on 7/16/2021. See attached document for full details.
(rr00) (Entered: 07/16/2021)
07/16/2021 19 ORDER granting 5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jonathan G. Cooper. Signed by Magistrate Judge Chris M. McAliley on 7/16/2021. See attached document for full details.
(rr00) (Entered: 07/16/2021)
07/16/2021 20 NOTICE of Attorney Appearance by Joseph O'Meara Masterman on behalf of Scott Rivkees, M.D.. Attorney Joseph O'Meara Masterman added to party Scott Rivkees, M.D.(pty:dft).
(Masterman, Joseph) (Entered: 07/16/2021)
07/16/2021 21 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Charles J. Cooper. Filing Fee $ 200.00 Receipt # AFLSDC-14852171 by Scott Rivkees, M.D.. Responses due by 7/30/2021

1 Certification Certification of Charles J. Cooper 1 page
2 Text of Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice - Charles J. Cooper 2 pages

(Masterman, Joseph) (Entered: 07/16/2021)
07/16/2021 22 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Peter A. Patterson. Filing Fee $ 200.00 Receipt # AFLSDC-14852236 by Scott Rivkees, M.D.. Responses due by 7/30/2021

1 Certification Certification of Peter A. Patterson 1 page
2 Text of Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice - Peter A. Patterson 2 pages

(Masterman, Joseph) (Entered: 07/16/2021)
07/16/2021 23 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nicholas A. Varone. Filing Fee $ 200.00 Receipt # AFLSDC-14852271 by Scott Rivkees, M.D.. Responses due by 7/30/2021

1 Certification Certification of Nicholas A. Varone 1 page
2 Text of Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice - Nicholas A. Varone 2 pages

(Masterman, Joseph) (Entered: 07/16/2021)
07/16/2021 24 ORDER. Expedited Motion DE# 16 is GRANTED. By no later than July 27, 2021, Defendant shall file a brief in opposition to the motion for preliminary injunction and any affidavits or other evidence in support. By no later than July 30, 2021, Plaintiffs may file a reply in support of their motion. A hearing on the motion for preliminary injunction is SCHEDULED for August 6, 2021 at 10:00 AM. Responses due by 7/27/2021 Replies due by 7/30/2021. Motion Hearing set for 8/6/2021 10:00 AM before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 7/16/2021. See attached document for full details.
(ebz) (Entered: 07/16/2021)
07/16/2021 25 ORDER granting 21 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Charles J. Cooper. Signed by Magistrate Judge Chris M. McAliley on 7/16/2021. See attached document for full details.
(rr00) (Entered: 07/16/2021)
07/16/2021 26 ORDER granting 22 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Peter A. Patterson. Signed by Magistrate Judge Chris M. McAliley on 7/16/2021. See attached document for full details.
(rr00) (Entered: 07/16/2021)
07/16/2021 27 ORDER granting 23 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Nicholas A. Varone. Signed by Magistrate Judge Chris M. McAliley on 7/16/2021. See attached document for full details.
(rr00) (Entered: 07/16/2021)
07/16/2021 28 Defendant's EXPEDITED MOTION To Transfer by Scott Rivkees, M.D..
(Masterman, Joseph) (Entered: 07/16/2021)
07/18/2021 29 PAPERLESS ORDER. This matter is before the Court on Defendant's Expedited Motion To Transfer 28. By no later than July 30, 2021, Plaintiffs shall file a response in opposition to the Motion 28. By no later than August 4, 2021, Defendant may file a reply in support of the Motion 28. Signed by Judge Kathleen M. Williams on 7/18/2021.
(clu) (Entered: 07/18/2021)
07/23/2021 30 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for William A. Burck. Filing Fee $ 200.00 Receipt # AFLSDC-14871032 by NCL (Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, Oceania Cruises S. De R.L., Seven Seas Cruises S. DE R.L. LLC. Responses due by 8/6/2021

1 Certification Certification of William A. Burck 1 page
2 Text of Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice - William A. Burck 2 pages

(O'Sullivan, John) (Entered: 07/23/2021)
07/23/2021 31 ORDER granting 30 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney William A. Burck. Signed by Magistrate Judge Chris M. McAliley on 7/23/2021. See attached document for full details.
(rr00) (Entered: 07/23/2021)
07/27/2021 32 RESPONSE in Opposition re 3 Plaintiff's MOTION for Preliminary Injunction / Plaintiffs' Expedited Motion for a Preliminary Injunction and Incorporated Memorandum of Law filed by Scott Rivkees, M.D.. Replies due by 8/3/2021.
(Masterman, Joseph) (Entered: 07/27/2021)
07/27/2021 33 AFFIDAVIT in Opposition re 3 Plaintiff's MOTION for Preliminary Injunction / Plaintiffs' Expedited Motion for a Preliminary Injunction and Incorporated Memorandum of Law filed by Scott Rivkees, M.D..

1 Exhibit 1 Memorandum of Agreement Among Miami-Date County, State of Florida Department of Health and Norwegian Cruise Line Holdings Ltd. 60 pages
2 Exhibit 2 Letter to Norwegian Cruise Line Holdings 2 pages

(Masterman, Joseph) (Entered: 07/27/2021)
07/27/2021 34 AFFIDAVIT in Opposition re 3 Plaintiff's MOTION for Preliminary Injunction / Plaintiffs' Expedited Motion for a Preliminary Injunction and Incorporated Memorandum of Law filed by Scott Rivkees, M.D..

1 Exhibit 1 Disney Dream Cruise Ship Embarks on Simulated Voyage with Employees as Volunteers 3 pages
2 Exhibit 2 Royal Caribbean Begins Simulated Voyage Ahead of Resuming Passenger Cruises 4 pages
3 Exhibit 3 CDC Approves 10 Cruise Ships for Test and Revenue Sailings 4 pages
4 Exhibit 4 Norwegian Threatens to Pull Cruise Ships from Florida Over DeSantis Vaccine Passport Ban 2 pages
5 Exhibit 5 Norwegian Cruise Line to Start Florida Sailings in August with Vaccine Requirement for Now 5 pages
6 Exhibit 6 A Major Cruise Line Just Dropped its Vaccine Requirement for Cruises Leaving from Florida 5 pages
7 Exhibit 7 Carnival Cruise Line’s current Covid-19 Guest Protocols 8 pages
8 Exhibit 8 Proposed Vaccination Goals in Support of Cruise Resumption 3 pages
9 Exhibit 9 Transcript of hearing Florida v. Becerra, 8:21-cv-839 on May 12, 2021 12 pages
10 Exhibit 10 MSC Cruises’ What to Know Before You Go 13 pages
11 Exhibit 11 Median Age in 2020, STATSINDIANA 4 pages
12 Exhibit 12 CDC’s COVID Data Tracker 5 pages
13 Exhibit 13 CLIA letter discussing COVID vaccines 8 pages
14 Exhibit 14 CLIA Member Cruise Lines 14 pages
15 Exhibit 15 CLIA Global Executive Committee 3 pages
16 Exhibit 16 Supplemental Declaration of Captain Aimee Trefiletti 5 pages
17 Exhibit 17 Memorandum of Agreement Between Miami-Dada County and Norwegian Cruise Line Holdings Ltd. 60 pages
18 Exhibit 18 CLIA Issues Statement Reiterating its Call for the Lifting of the CDC's Conditional Sailing Order 3 pages

(Masterman, Joseph) (Entered: 07/27/2021)
07/30/2021 35 REPLY to Response to Motion re 3 Plaintiff's MOTION for Preliminary Injunction / Plaintiffs' Expedited Motion for a Preliminary Injunction and Incorporated Memorandum of Law Plaintiffs' Reply in Support of their Expedited Motion for a Preliminary Injunction filed by NCL (Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, Oceania Cruises S. De R.L., Seven Seas Cruises S. DE R.L. LLC.

1 Affidavit Second Declaration of Olga Vieira 51 pages
2 Affidavit Second Declaration of Dr. Stephen Ostroff 3 pages

(O'Sullivan, John) (Entered: 07/30/2021)
07/30/2021 36 RESPONSE in Opposition re 28 Defendant's EXPEDITED MOTION To Transfer filed by NCL (Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, Oceania Cruises S. De R.L., Seven Seas Cruises S. DE R.L. LLC. Replies due by 8/6/2021.
(O'Sullivan, John) (Entered: 07/30/2021)
08/03/2021 37 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for William V. Bergstrom. Filing Fee $ 200.00 Receipt # AFLSDC-14898385 by Scott Rivkees, M.D.. Responses due by 8/17/2021

1 Certification Certification of William V. Bergstrom 1 page
2 Text of Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice - William V. Bergstrom 2 pages

(Masterman, Joseph) (Entered: 08/03/2021)
08/04/2021 38 ORDER granting 37 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney William V. Bergstrom. Signed by Magistrate Judge Chris M. McAliley on 8/4/2021. See attached document for full details.
(rr00) (Entered: 08/04/2021)
08/04/2021 39 Defendant's MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM by Scott Rivkees, M.D.. Responses due by 8/18/2021
(Masterman, Joseph) (Entered: 08/04/2021)
08/04/2021 40 REPLY to Response to Motion re 28 Defendant's EXPEDITED MOTION To Transfer filed by Scott Rivkees, M.D..
(Masterman, Joseph) (Entered: 08/04/2021)
08/05/2021 41 PAPERLESS ORDER. The preliminary injunction hearing scheduled for August 6, 2021 at 10:00 AM will be conducted by videoconference. To observe, please use the link: https://www.zoomgov.com/j/1613543192?pwd=RGJGU3ZKVytMbDNxenNmQlUvaVRFdz09 and the Passcode 923561. Interested members of the public are welcome to observe the proceeding. Observers are reminded of the general prohibition against photographing, recording, live streaming and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, contempt of court, or any other sanctions deemed necessary by the court. Signed by Judge Kathleen M. Williams on 8/5/2021.
(clu) Modified on 8/5/2021 (mso). (Entered: 08/05/2021)
08/06/2021 42 PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: Video Zoom Motion Hearing held on 8/6/2021 re: DE # 3 Plaintiff's MOTION for Preliminary Injunction Plaintiffs' Expedited Motion for a Preliminary Injunction and Incorporated Memorandum of Law filed by Norwegian Cruise Line Holdings Ltd, NCL (Bahamas) Ltd., Seven Seas Cruises S. DE R.L. LLC, Oceania Cruises S. De R.L. Court heard oral argument. Matter taken under advisement. Counsel of record present. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov.
(mso) (Entered: 08/06/2021)
08/08/2021 43 ORDER granting 3 Plaintiffs' Motion for Preliminary Injunction. Signed by Judge Kathleen M. Williams on 8/8/2021. See attached document for full details.
(clu) (Entered: 08/08/2021)
08/08/2021 44 ORDER denying 28 Expedited Motion Transfer. Signed by Judge Kathleen M. Williams on 8/8/2021. See attached document for full details.
(shy) (Entered: 08/08/2021)
08/10/2021 45 Notice of Appeal as to 43 Order on Motion for Preliminary Injunction by Scott Rivkees, M.D.. Filing fee $ 505.00 receipt number AFLSDC-14916275. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information.
(Masterman, Joseph) (Entered: 08/10/2021)
08/11/2021 46 Acknowledgment of Receipt of NOA from USCA re 45 Notice of Appeal, filed by Scott Rivkees, M.D.. Date received by USCA: 8/11/21. USCA Case Number: 21-12729-B.
(hh) (Entered: 08/11/2021)
08/16/2021 47 TRANSCRIPT INFORMATION FORM by Scott Rivkees, M.D. re 45 Notice of Appeal,. Pre-Trial Proceedings transcript(s) ordered. Order placed by Joseph O. Masterman. Email sent to Court Reporter Coordinator.
(Masterman, Joseph) (Entered: 08/16/2021)
08/18/2021 48 RESPONSE in Opposition re 39 Defendant's MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM Plaintiffs' Opposition to Defendant's Motion to Dismiss filed by NCL (Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, Oceania Cruises S. De R.L., Seven Seas Cruises S. DE R.L. LLC. Replies due by 8/25/2021.
(O'Sullivan, John) (Entered: 08/18/2021)
08/20/2021 49 Joint MOTION to Stay re 43 Order on Motion for Preliminary Injunction Joint Motion to Suspend Deadlines Pending Appeal by NCL (Bahamas) Ltd., Norwegian Cruise Line Holdings Ltd, Oceania Cruises S. De R.L., Seven Seas Cruises S. DE R.L. LLC. Responses due by 9/3/2021

1 Text of Proposed Order Proposed Order Granting Joint Motion to Suspend Deadlines 2 pages

(O'Sullivan, John) (Entered: 08/20/2021)

Press Coverage

Norwegian Cruise Line can require Florida passengers to show proof of Covid vaccination, federal judge rules 8/8/2021 CNBC

Other Information

Court Listener, Norwegian Cruise Line Holdings Ltd v. Rivkees, M.D. (1:21-cv-22492)
Civil Case Flowchart of progress through United States District Court

Online Discussion

Court grants Preliminary Injunction preventing Florida from enforcing Section 381.00316 against plaintiffs NCL, et. al. 8/8/2021 Cruise Critic
Federal Judge Grants NCL Preliminary Injunction v Florida 8/8/2021 Cruise Critic
State of FL Moves to Transfer (Consolidate) NCL Case 7/17/2021 Cruise Critic
NCL is Suing the State of Florida over the State's Covid Policy 7/13/2021 Cruise Critic
Norwegian sues Florida over mandatory vaccine ban 7/13/2021 Royal Caribbean Blog

Related

US Court of Appeals, 11th District, Case 12729, NCLH v. Florida 8/10/2021
Penalties for COVID-19 Vaccine Documentation Requirements 6/25/2021
Florida Senate Bill 2006, enacting law against requiring vaccination documentation (see § 381.00316) 5/3/2021
Florida v. HHS, CDC (8:21-cv-00839) 4/8/2021