US Court of Appeals, 11th District, Case 12243, Florida v. HHS, CDC

Docket

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STATE OF FLORIDA,
    Plaintiff - Appellee,
versus
SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES,
HEALTH AND HUMAN SERVICES,
DIRECTOR OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION,
CENTER FOR DISEASE CONTROL AND PREVENTION,
UNITED STATES OF AMERICA,
    Defendants - Appellants.

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Date Filed # Docket Text
07/06/2021 1 CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellants Center for Disease Control and Prevention, Director of the Centers for Disease Control and Prevention, Secretary, Department of Health and Human Services and USA on 07/06/2021. Fee Status: Fee Not Required. Awaiting Appellant's Certificate of Interested Persons due on or before 07/20/2021 as to Appellant Center for Disease Control and Prevention. Awaiting Appellee's Certificate of Interested Persons due on or before 08/03/2021 as to Appellee State of Florida
(Entered: 07/06/2021 02:15 PM)
07/06/2021 2 APPEARANCE of Counsel Form filed by Alisa B. Klein for HHS Secretary Becerra; HHS; CDC Director Walensky; CDC; United States [21-12243]
(ECF: Alisa Klein) (Entered: 07/06/2021 02:34 PM)
07/06/2021 3 APPEARANCE of Counsel Form filed by Brian J. Springer for Xavier Becerra, Secretary, Health and Human Services; HHS; Rochelle Walensky, Director, Centers for Disease Control and Prevention; CDC; United States of America [21-12243]
(ECF: Brian Springer) (Entered: 07/06/2021 03:22 PM)
07/07/2021 4 TIME SENSITIVE MOTION to stay pending appeal filed by Center for Disease Control and Prevention, Director of the Centers for Disease Control and Prevention, Secretary, Department of Health and Human Services and USA. Motion is Opposed. [9429786-1] [21-12243]
(ECF: Alisa Klein) (07/07/2021 06:14 PM)
07/08/2021 5 Public Communication: Notice to parties: Appellee's response to Motion to Stay Pending Appeal is due 07/12/2021.
(Entered: 07/08/2021 10:58 AM)
07/08/2021 6 APPEARANCE of Counsel Form filed by Jason H. Hilborn for State of Florida [21-12243]
(ECF: Jason Hilborn) (Entered: 07/08/2021 05:09 PM)
07/12/2021 7 APPEARANCE of Counsel Form filed by James H. Percival, on behalf of the State of Florida [21-12243]
(ECF: James Percival) (Entered: 07/10/2021 10:05 PM)
07/12/2021 8 APPEARANCE of Counsel Form filed by Daniel W. Bell for State of Florida [21-12243]
(ECF: Daniel Bell) (Entered: 07/12/2021 12:12 PM)
07/06/2021 9 APPEARANCE of Counsel Form filed by Henry C. Whitaker for the State of Florida [21-12243]
(ECF: Henry Whitaker) (Entered: 07/12/2021 02:43 PM)
07/12/2021 10 RESPONSE to Motion to stay pending appeal filed by Appellants Center for Disease Control and Prevention, Director of the Centers for Disease Control and Prevention, Secretary, Department of Health and Human Services and USA 4 [9429786-2] filed by Attorney Jason H. Hilborn for Appellee State of Florida. [21-12243]
(ECF: Jason Hilborn) (Entered: 07/12/2021 09:06 PM)
07/13/2021 11 APPEARANCE of Counsel Form filed by Derek L. Shaffer for NCLH. [21-12243]
(ECF: Derek Shaffer) (Entered: 07/13/2021 02:42 PM)
07/13/2021 12 Reply to response filed by Appellants Center for Disease Control and Prevention, Director of the Centers for Disease Control and Prevention, Health and Human Services, Secretary, Department of Health and Human Services and USA. [21-12243]
(ECF: Alisa Klein) (Entered: 07/13/2021 04:43 PM)
07/13/2021 13 MOTION to file amicus brief pursuant to FRAP 29(a) filed by Derek L. Shaffer for NCLH. [9434320-1] [21-12243]

1 Exhibit 1 Proposed Amicus Brief 14 pages

(ECF: Derek Shaffer) (Entered: 07/13/2021 04:52 PM)
07/14/2021 14 MOTION Motion for Leave to File Letter on Supplemental Authority filed by State of Florida. Opposition to Motion is Unknown. [9435613-1] [21-12243]

1 Exhibit 1 Letter on Supplemental Authority 3 pages
2 Exhibit 2 Supplemental Authority 98 pages

(ECF: Jason Hilborn) (Entered: 07/14/2021 10:50 PM)
07/15/2021 15 RESPONSE to Motion filed by Appellee State of Florida 14 [9435613-2] filed by Attorney Alisa Beth Klein for Appellants Center for Disease Control and Prevention, Director of the Centers for Disease Control and Prevention, Health and Human Services, Secretary, Department of Health and Human Services and USA. [21-12243]
(ECF: Alisa Klein) (Entered: 07/15/2021 12:15 PM)
07/17/2021 16 **ORDER VACATED**-see 7/23/2021 order. ORDER: Before the Court is Appellants’ “Time-Sensitive Motion for Stay Pending Appeal and Administrative Stay.” The motion is GRANTED, as Appellants have made the requisite showing. See Nken v. Holder, 556 U.S. 418, 434 (2009). One judge dissents; opinions will follow. 4 [9429786-2] CRW, JP and ELB. (See attached order for complete text)

1 MOT-2 Notice to Counsel/Parties 2 pages

(Edited 07/19/2021 by DJS) (Edited 07/23/2021 by AGW)(Entered: 07/17/2021 11:50 PM)
07/19/2021 17 MOTION to file amicus brief pursuant to FRAP 29(a) filed by Marc S Young for Self. [9438416-1] [21-12243]

1 Exhibit 1 Brief of Amici Curiae Marc S Young Supprting State of Florida 21 pages

(ECF: Marc Young) (Entered: 07/19/2021 12:22 PM)
07/19/2021 18 Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Brian James Springer for Appellants Center for Disease Control and Prevention, Director of the Centers for Disease Control and Prevention, Health and Human Services, Secretary, Department of Health and Human Services and USA. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [21-12243]
(ECF: Brian Springer) (Entered: 07/19/2021 01:14 PM)
07/19/2021 19 Returned Mail was received for Attorney Eric J. Stockel for Not Party Service. IN RE: Docketing Letter
(Entered: 07/21/2021 02:12 PM)
07/20/2021 20 Civil Appeal Statement filed by Attorney Brian James Springer for Appellants Center for Disease Control and Prevention, Director of the Centers for Disease Control and Prevention, Health and Human Services, Secretary, Department of Health and Human Services and USA. [21-12243]
(ECF: Brian Springer) (Entered: 07/20/2021 11:00 AM)
07/20/2021 21 TRANSCRIPT INFORMATION FORM SUBMITTED by Attorney Brian James Springer for Appellants Center for Disease Control and Prevention, Director of the Centers for Disease Control and Prevention, Health and Human Services, Secretary, Department of Health and Human Services and USA. All necessary transcript(s) are on file. [21-12243]
(ECF: Brian Springer) (Entered: 07/20/2021 11:03 AM)
07/23/2021 22 ORDER: The panel sua sponte VACATES its order of July 17, 2021, and substitutes the following order in its place: The appellants’ “Time-Sensitive Motion for Stay Pending Appeal and Administrative Stay” is DENIED because appellants failed to demonstrate an entitlement to a stay pending appeal. See Nken v. Holder, 556 U.S. 418, 434 (2009). CRW, JP and ELB (See attached order for complete text)
(Entered: 07/23/2021 04:17 PM)
07/23/2021 23 Briefing Notice issued to Appellants Center for Disease Control and Prevention, Director of the Centers for Disease Control and Prevention, Health and Human Services, Secretary, Department of Health and Human Services and USA. The appellant's brief is due on or before 09/01/2021. The appendix is due no later than 7 days from the filing of the appellant's brief.
(Entered: 07/23/2021 04:51 PM)
07/26/2021 24 MOTION MOOT: Motion for leave to file amicus brief is MOOT 17 [9438416-2], Motion for leave to file amicus brief is MOOT 13 [9434320-2]; Motion for Leave to File Letter on Supplemental Authority is MOOT 14 [9435613-2] due to this Court's order filed 07/23/2021. Motion filed by Appellee State of Florida and Not Parties NCLH and Marc S Young.
(Entered: 07/26/2021 08:39 AM)
08/04/2021 25 NOTICE OF CIP FILING DEFICIENCY to Daniel William Bell for State of Florida, Jason H. Hilborn for State of Florida, James Hamilton Percival, II for State of Florida and Henry Charles Whitaker for State of Florida. You are receiving this notice because you have not completed the Certificate of Interested Persons (CIP) via the electronic filing system (CM/ECF). Failure to comply with 11th Cir. Rules 26.1-1 through 26.1-4 may result in dismissal of the case or appeal under 11th Cir. R. 42-1(b), return of deficient documents without action, or other sanctions on counsel, the party, or both.
(Entered: 08/04/2021 10:26 AM)
08/04/2021 26 Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Jason H. Hilborn for Appellee State of Florida. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [21-12243]
(ECF: Jason Hilborn) (Entered: 08/04/2021 12:10 PM)
08/09/2021 27 MOTION for extension of time to file appellant's brief to 10/01/2021 filed by Center for Disease Control and Prevention, Director of the Centers for Disease Control and Prevention, Health and Human Services, Secretary, Department of Health and Human Services and USA. Motion is Unopposed. [9455374-1] [21-12243]
(ECF: Alisa Klein) (Entered: 08/09/2021 11:29 AM)
08/09/2021 28 ORDER: Motion for extension to file appellant brief filed by Appellants USA, Secretary, Department of Health and Human Services, Director of the Centers for Disease Control and Prevention, Center for Disease Control and Prevention and Health and Human Services is GRANTED by clerk. 27 [9455374-2] Appellants brief is due on 10/01/2021, with the appendix due seven days from the filing of the brief. Any request for a second or subsequent extension of time shall be subject to 11th Cir. R. 31-2(d).
(Entered: 08/09/2021 12:40 PM)
08/09/2021 29 MOTION to file amicus brief pursuant to FRAP 29(a) filed by Marc Steven Young Pro Se. [9456133-1] [21-12243]

1 Exhibit 1 Amicus Brief in Limited Support of Appeal 22 pages

(ECF: Marc Young) (Entered: 08/09/2021 08:19 PM)

Press Coverage

DeSantis says he’ll appeal ruling keeping CDC cruise authority in place 7/19/2021 South Florida SunSentinel
Court votes to stay judge’s decision about CDC cruise ship rules 7/18/2021 The Atlanta Journal-Constitution
US Court of Appeals votes to stay judge's decision ruling that CDC cannot enforce COVID cruise ship rules after July 18 7/18/2021 Daily Mail

Online Discussion

US Appeals court lifts CDC cruise ship restrictions in win for florida 7/18/2021 Royal Caribbean Blog

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